Pre-Hispanic Government

Sources of Law
Government Structure
Barangay

Datu
Sultanate Council of Elders

Maharlika
Timawa
Alipin

Barangay A 1) Namamahay
Barangay B Barangay C 2) Sagigilid
Sultanate System
Suprabarangay political institution
Leader: Sultan
First sultanate: Jolo, established by Abu Bakr
and Sharif Ul-Hashim
Muslim Royal house
Coordinates with Datus and Barangays
Not a internationally recognized entity
Barangay System
Head: Datu
Roles of Datu:
Political Leader
Head of military/warriors
Religious Leader
Judge during trials
Recommends laws
Barangay Government in Relation to Modern
Day Government
Datu Council of Elders Maharlika
Judge Jury N/A
Drafts or recommends laws Reviews/approves laws N/A
General N/A Soldiers

Other important members of the barangay system:

1. Umaholokan Public announcer, served as media in barangay system
2. Babaylan, katalonan Shaman, served as priests and link to the divine/cosmic
3. Tambalan Healers and doctors
4. Daragdangan Outstanding soldier
5. Paratabgaw - Teacher

Trial System
Supreme court was composed of the Datu
and Council of Elders
Datu Judge
Council of Elders Jury
Types of Trials
Trial by arbitration datu alongside with the council of elders shall decide
on a dispute
- An oath is taken before such trail, settled by basis of witnesses
and evidence
Trial by ordeal trials by which accused will have to overcome/win
challenges
- An example is having to put ones hand into a boiling pot of
water, the one with more burns will be considered guilty
-Another is by having the accused dive into the water. The first to
surface will be considered guilty
Trial by combat the accused will fight until one gives up
Laws on Courtship and
Marriage
Dowry called bigay-kaya
Grooms parents gift panghimuyat
Fund for infancy period himaraw (shouldered by
grooms parent as well
Grounds for divorce:
Adultery
Abandonment
Cruelty
Insanity
Other Sources of Law
I. Customs
Close family ties no remarrying, wife does not
eat until husband returns from battle
Inheritance Estate is divided equally unless
there was a favored child/children
- Illegitimate children get nothing
- Succession to datus throne 1st - eldest son, 2nd
- next eldest son, 3rd - eldest daughter
II. Alliances
- Usually formed by blood compact with datu of
neighboring communities
- Covered interests such as trade, peace, and
mutual protection
Code of Kalantiaw
Legendary legal code in the epic story of Maragtas
Said to have been written by Datu Kalantiaw
Written by Jose E. Marco as a part of his historical
fiction Las antiguas leyendas de la Isla de Negros
Story is still believed by people in the Central
Provinces
William Henry Scott called it a hoax in his book
Prehispanic Source Materials for the Study of
Philippine History
 Members
1. William Azucena
2. Diana Lopez
3. April Mae Abastillas
4. Gabriel Hagad
5. Jose Gonzalo Saldajeno
6. Glemhard Rodriguez
7. Stephanie Barile