LEGAL RESEARCH MIDTERMS -by inheritance, wisdom, wealth, or physical

prowess in battle
PREHISPANIC PERIOD
-qualified characters
Barangay – small unit of government/state
-not an absolute ruler
-ruled by either a datu, rajan, king or lakan
-form: barangay as monarchy, datu as monarch
*balangay – Malayan word meaning “boat”
FUNCTIONS OF OFFICIALS
-has four basic elements of statehood
Datu – malay word “datu/datuk” meaning royal blood
-confederations of barangay for mutual
protection against common enemies -law enforcer, ruler of the barangay
-marriage and blood contract -Maharlika
Forms of Laws In times of peace - executive, legislator, chief
justice
-either customary or written
In times of war: commander in chief
WRITTEN LAWS
Foreign Affairs: enables treaties and truce
-promulgated by the Datu (sanduguan)
-deals with inheritance, property rights, divorce, Umalohokan – right hand of datu
usury, family relations, adoption, loans, divorce
-messenger/town criers
-fines, torture or death penalty
-deliver new laws to the community
*Maragtas Code (1250 AD) – by Datu Sumakwel of
Panay Elders/Maginoos – legislative function
*Kalantiaw Code (1433 AD) – by Datu Kalantiaw of -judicial function
Panay
SOCIAL CLASSES
UNWRITTEN OR CUSTOMARY LAWS
Divided in to Four Classes:
-customs
-The Datu Class – ruling class
-traditions
-Maharlika – Aristocracy
-passed down through generations
-Timagua/Timawa – common class
ROLES OF THE DATU/CHEIFMAN
-Alipin/Uripon – dependent class
Executive
MAHARLIKA/NOBLES
-promulgates laws
-free
-supreme commander during war
-rich
Legislator
-can be a datu
-law-making
-usually addressed as GAT, LAKAN, RAJA, or
-role of the elders “maginoos” DATU
Judge -don’t pay taxes
-Judicial Process -they help the Datu in times of war, journey,
and community works
-Trial by ordeal
-soldiers are within this class of society
How Leaders are Chosen
TIMAWA/FREEMEN -complaint goes to the datu
-2nd class/Working class -if datu cannot settle the dispute
-they can be seen serving their rich neighbours -litigants defend themselves and pass down
ordeals
-they can’t give order to slaves
-ordeals depend on the crime committed
TALIPIN/SLAVES
CRIMES AND PUNISHMENT
-lowest class
*insults, theft, assault, murder, and other civil disputes
-serve the first class are settled by the judge
-sold to enslavery Insultes – fine or enslavery
-they committed a crim Theft – depending on the item stolen, fine or enslavery
-haven’t paid their debt Assault and Murder – death penalty, enslavery
-captured by the enemies during war GOVERNMENT AND LEADERSHIP
-through inherited status
Then Now
ALIPIN NAMAMAHAY Barangay as the basic Philippines as nation
political and economic
-also called tuhay, mamamahay, tumarampok unit
-service during plating and harvesting period Headed by a datu president
Assisted by a council of Cabinet as his advisers
-have their own houses and family leaders
-pay their taxes
-can be married without the consent of their HOW LAWS WERE MADE KNOWN TO THE PUBLIC
masters Then Now
ALIPINING SAGIGILID Laws were announced by Article 2 of the Civil Code
a crier or umalokohan of the Philippines
-homeless, and forbidden to form their own
families
METHOD OF JUDGEMENT
Salaries are dependent on their masters
THEN NOW
-required to stay to do master’s bidding Life of death penalty, Parties file complaints,
-used as payment for debt fines petitions, or appeals in
courts
JUDICIAL SYSTEM
Judges – datu along with the village elders served as
judges
FOREIGN RELATIONS
-elders as consultant for disputes
THEN NOW
Judicial Process Barter system of trade 7.9 Trillion Pesos in Debt
-disputes between individuals
SPANISH ERA
-disputes between barangays
NATURE OF GOVERNMENT
-provides punishment
God – spreading the Catholic religion
Trials
Gold – economic ideals, riches, spices, minerals
-held in public
Glory – to be known throughout the world, strong Miguel Lopez de Legazpi – first Philippine Gov. Gen.
country, more territories
Diego de los Rios – last Philippines Gov. Gen.
-Government was Centralized
LOCAL GOVERNMENT
-monarchy
BRANCHES OF GOVERNMENT

PROVINCIAL GOVERNMENT
2 kinds of Provinces
-Alcadians (pacified regions) – governed by
Alcalde mayor
-Corregimientos (unpacified areas) – governed
by a politico-military governor called Corregidor
*Laws from Spain
*each province was divided into several towns or
Governor General – chief legislator pueblos headed by Gobernarcillos
History Gobernardorcillos
-King of Spain  Viceroy of Mexico  Philippines -little governors
1821 Main duties efficient governance and tax
collection, each provinces was divided into pueblos
King of Spain  Governor General  Philippines
(towns)
THE CITY GOVERNMENT
NATIONAL GOVERNMENT
-larger towns became cities called
-maintained peace and order AYUNTAMIENTO, it became the center of trade
and industry
-collected taxes
-the ayuntamiento had a city council called the
-built schools and other public works CABILDO
GOVERNOR GENERAL Cabildo is composed of:
-the kinds representative and the highest- -ALCALDE (Mayor)
ranking official in the Philippines
-Regidores
-had the power to appoint and dismiss public
officials except those chosen by the king -Alguacil Mayor (Police Chief)

-Commander-in-chief -Escribando (Secretary)

-exercises both executive and judicial branch JUDICIAL BRANCH

-115 Governor Generals Royal Audencia – known as the Spanish Supreme Court
Residencia – special Judicial Court that investigates the Two Kinds of Encomiendas
performance of the Gov. General who was about the be
replaced Royal Encomienda Lands reserved for their
crown and included from
Visita – a government official called to observe the principal towns and
conditions on the colon who is sent by the Council of parts
Indies to Spain Private Encomiendas Lands granted to
indivduals who were
JUSTIC SYSTEM
either allies of the king of
men who served with
merit during the
conquestand pacification
campaigns

PROMINENT LAWS
1. Fuero Juzgo
2. Fuero Real
3. Las Siete Partidas
4. Leyes de Toros
5. Nueva re copi lacion de las Leyas de Indias
6. Novisima Recopilacion
CODES
Jurisdictions of the Audienca
1. Codigo Penal de 1870 (Revised Penal Code)
-civil 2. Codigo de Comercio (Code of Commerce)
3. Codigo Civil de 1889 (Civil code)
-governmental
-military
-ecclesiastic
PUNISHMENTS
-educational
Gallows – execution by hanging
POLICY LAWS
Garrote – execution by strangling of neck using
Encomienda System
the Garote device
Purpose:
Firing Squad – shooting to death by squad of
1. Protection to Natives excecutioners
2. Conversion of natives to Christianity
UNIQUENESS OF SPANISH ERA
3. Promote education
-Spread of Catholicism
*Encomendero
-Length of Colonization
-Unity of Church and State
-Establishment of Unversities
-UST
-Colegio de San Juan de Letran
-University of San Carlos
-Social Classes
 (highest) Peninsulares -Subordinate to Military Governor-
Insulares American
Spanish mestizos
-Civil Governor and Advisory Council
Principalia
Chinese mestizos -Eigible Voters
Chinese
-Ilustrados
(lowest) INdios
-21-yr-old male who can read, speak
and write
AMERICAN OCCUPATION
-owned property with value ranging
The three types of Government from $500 to $1000
1. The Military Government -Military Government – Municipal Government
2. The Civil Government
3. The Commonwealth -General Order 40

The Military Government (1898 – 1901) -decentralized Municipal Government

-August 14, 1898 -Towns and Provinces

-General Wesley Merritt as Military Governor Executive authority Legislative Authority

Alcalde mayors Councillors
*Military Governor – Higest authority
Presiding meeting of the Levy taxes
-Spanish-American War Ends council
Enforcing and approving Enact ordinances/laws
-Treaty of Paris ordinances
-December 10, 1898 – signed Collecting taxes Pass resolution
Issuing orders to the
-Feb. 6, 1899 – ratified native or rural police
-Compensation of $20 million
-Philippine Commission – both appointed by the US -Eligible Voters
President to assist in governing the Philippines -23-yr-old male who can read and write
-Schurmann Commission – January 20, 1899 -6 months living in the town before
-Taft Commission – March 16, 1900 election

-Philippine-American War -has paid 30 pesos in taxes

-June 2 1899 to July 2 1902
-Education – American Style School System
>Taft Commission enacted Act No. 74
-Thomasites – 600 teachers from United States
-Civil and Criminal Courts
-Local Governments and Municipal Governments
EXECUTIVE POWER (still part of the Military
government)
-the Military Government was established on
August 14, 1898, two days after the capture of
Manila.
-during this rule, the US military commander
governed the Philippines under the authority of
the US President.

-Military Government-Local Government -the American chief executive is also the

military governor, which at the time were:
-General Order 30
>1898 – Wesley Merritt
-Island of Negros
>1898-1900 – Elwell Otis
 >1900-1901 – Arthur McArthur Jr.
>1901-1902 – Adna Chaffee
LEGISLATIVE POWER
-Malolos Congress or Assembly of
Representatives
-1898-1899
-Revolutionary, unicameral Congress
-One-third of the representatives were
elected by town chiefs
-the rest were appointed by Aguinaldo
Achievements: Ratification of the “Act of
Declaration of Independence and Framing of
the Malolos Constitutions
JUDICIAL POWER
The executive
-the judicial powers/system was
exercised by the executive branch as an
instrument and not of the judiciary as
an independent and separate branch of
the government
*May 12, 1899 – the contemplated into
creatin an independent judiciary
manned by judges chosen from
qualified local and Americans
*May 29, 1899 – the military
government issued GO N. 20
reestablishing the audiencia territorial
de manila which was to apply Spanish
law and jurisprudence
*Cayetano L. Arellano – appointed
president of the audiencia (Chief
Justice)
THE JUDICIAL SYSTEM
August 13, 1898 – when a military government
was established by General Wesley Merritt in
1898, the Audiencias were suspended
The Judiciary – functioned as an instrument of the
executive
-functioned as an independent and
separate branch of the government
General Order No. 20 – issued by General Elwell
S. Otis to re-establish the Audienca Territorial
de Manila in May 29, 1899
-Audiencia Territorial De Manila
Two Branches:
1. Sala de lo Civil or Civil Branch
2. Sala dela Criminal or Criminal Branch
-Jurisdiction over both civil and criminal cases
-compatible with the sovereignty of the United
States
-composed of a presiding officer and eight
members
*ACT NO. 136 or the “Judiciary Law of the
Second Philippine Commission– abolished the
Audiencia and established the present
SUPREME COURT (June 11, 1901) with Cayetano
Arellano as the first Chief Justice
THE CIVIL GOVERNMENT (1901-1935)
-Spooner Amendment
-March 2, 1901
-Authorized Pres. Mckinley to supplant military
rule with Civilian Government (inaugurated July
1901)
-Civil Governor – highest authority
-Philippine Organic Act of 1902
-known as Copper Act sponsored by US Rep
Henry A. Cooper of Wisconsin
-act temporarily to provide for the
administration of the affairs of the Civil
Government in the Philippine Islands and for
other Purpose; gave Filipinos the right to be
represented
o Citizenship (section 4)
o Equal Protection of the laws (section 5)
o Philippine Commission (Upper) and Philippine
Assembly (Lower)
o Supreme Courts
o Land titles and owners
o Resident Commissioners
-Jones Law or Philippine Autonomy Act 1916
o -endorsed by Manuel L. Quezon and
Sergio Osmena
o -signed by President Woodrow Wilson
on August 29, 1916
o -sponsored by US Representative
William Atkinson Jones of Virginia
o -An Act to declare the purpose of the
People of the UNited States as to the
Future Political Status of the People of
the Philippine Islands and to provide a
more autonomous Government to
those islands
o Preamble
o Philippine Senate (Replaced the
Philippine Commission)
o Philippine Assembly are
referred to as the House of
Representatives
*Executive power: Governer-General appointed
by the President of the United States
*Legislative Power: exclusive to the Filipinos
-Philippine Senate (upper house)
Senate President: Manuel
Quezon
-House of Representatives (Lower
House)
House speaker: Sergio Osmena
*Judicial Power: Chief Justice (Filipino) and
Associate Justices (Filipino and American)
-appointed by the President of the
United States
-OSROX MISSION
● In November 1931, the Philippine Legislature
sent a mission to the United States to work
for the passage of an independence law
● US Senators Harry B. Hawes filed an
independence bill in the US Congress, with US
Congressman Hare and US Senator Cutting as
Co Sponsor
● Known as Hares-Hawes-Cutting Act
- The law promised Philippine
independence after 10 years, but
reserved several military and naval
bases for the United States, as well as
imposed tariffs and quotas on
Philippine imports.
- The Law was rejected by the
Legislature of the United States and by
the Philippine Senate
● Tydings-McDuffie Act
- Replaced the Hares-Hawes-Cutting Act
-The Philippine Assembly
o Two years after the publication of a census and
after peace has been completely restored in the
country (Started at 1907)
o Legislative power
o Lower house of the Legislature
o Speaker of the Philippine Assembly is Sergio
Osmena
o Ellected by Filipinos
o 1907 – 81 Filipinos representing their
districts
o 1910 – 85 Filipinos representing their
districts
o 1912 – 91 Filipinos representing their
districts
-The Resident Commisioner
*Phil Organic Act of 2002
*Manuel L. Quezon – served from 1909 – 1916
as Resident commissioner; considered one of
the greatest
-Philippine Senate
*Jones Law 1916
Duties: legislative, power of confirmation over
appointees of the American general on the
Executive and Judiciary
*Manuel L. Quezon – inaugural President of the Senate
and was the highest position a Filipino could
hold
*12 senatorial districts and two senators elected from
each
EXECUTIVE POWER
On July 4, 1902, the Military Governor was
abolished and the Insular Government was
established.
Purpose of the insular government is to
tutor the Philippines for eventual
Independence.
*Insular Governor General – head of the
Insular government
Governor Generals:
(1901 – 1904) – William Howard Taft
(1913 – 1921) – Francis B. Harrison
(1921 – 1927) – Leonard Wood
(1933 – 1935) – Frank Murphy
LEGISLATIVE POWER
*Military Governor – initially exercised the power of
legislation
*Achievement of Philippine COmmision – established
the Civil Service Commission, taxes, municipal and
provincial governments
-Philippine Legislature
-1916-1935
-All Filipino, bicameral congress
-Senate and House of Representatives
-Enacted a total of 1,619 laws, covering all
subjects of legislation except for foreign affairs
*Laws that needed approval of the US
President:
-immigration
-currency, coinage, tariff
-Lands of public domain
-Timber and mining
-Elections
>1st election: 2 senators for each of the 12
districts
-one to serve a term of 6 years, the
other a term of 3 years
>Consequent elections: 1 senator for each
district + 1 appointed
-all serving a term of 6 years
*Appointment – made by
American governor general
-to represent the non-Christian
area
-No fixed term
*Manuel Quezon and Sergio Osmena
-notable frequent re-elects in the
Senate
-Became President and Vice-President
of the Commonwealth
*Act No. 1459 – The Corporation Law (April 1, 1906)
*Act No. 3815 – An Act Revising the Penal Code and
Other Penal Laws (December 8, 1930)
*Act No. 2711 – Revised Administrative Code (March
17, 1917)
JUDICIAL POWER
-June 11, 1901 – the Supreme Court was formally
established by Act No. 136 “An Act Providing for the
Organization of Courts in the Philippine Islands”
-Creating Courts of First Instance as well as the
Justice of the Peace Courts
-they were composed of the Chief Justice and
five judges
THE JUDICIAL SYTEM
The Supreme Court
-consisted of Chief Justice and Six Associate
Justices
-Appointed by the President of the United
States
-Supreme Court of the United States had
jurisdiction over the final judgements and
decrees of the Supreme court of the Philippine
Islands
The Court of First Instance
-Appointed by the Philippine Commission
-One in every province to form a juridical
district
THE COMMONWEALTH GOVERNMENT (1935 – 1946)
-The Tydings-Mcduffie Act
-procedural framework for drafting the
constitution for the government of the
Commonwealth of the Philippines
-US will recognized the independence of the
Philippine Islands as a separate and self-
governing nation after 10 years of transition
period
-The Philippines will have its own President
-Unicameral National Assembly
-Supreme Courts composed entirely of Filipinos for the
first time since 1901
-1935 Constitution of the Philippines
The President
Manuel L. Quezon
-elected as the First President of the
Commonwealth of the Philippines
-First executive of the Philippines
-On September 16, 1935 – the first national
elections in the Philippines were held.
EXECUTIVE POWER
•The Commonwealth of the Philippines was the
administrative body that governed the
Philippines from 1935-1946. It replaced the
Insular government and was established by the
Tydings-Mcduffie Act. This government was
designed as a transitional administration in
preparation of the country’s full achievement of
Independence. The commonwealth exercised a
very strong executive branch.
Heads of these era were:
o Manuel Quezon (1935 – 1944)
o Sergio Osmena (1944 – 1946)
o Manuel Roxas – marked the end of the
Commonwealth
 *It should be noted, however, that although the -devolved on the judiciary whether the acts of
Commonwealth had its own constitution, and the other two departments were in harmony
was self-governing, matters that were relate to The Court is composed of:
foreign policy and military affairs is under the o A chief Justice
responsibility of the United States, and laws o Ten Associate Justices
passed by the legislature affecting immigration, History of Death Penalty
foreign trade and the currency system had to be ● Adoption of most of the provisions under the Codigo
approved by the United States president. Penal of 1848, retain the death penalty.
● Codigo Penal was revised in 1932. Treason, parricide,
LEGISLATIVE POWER piracy, kidnapping, murder, rape, and robbery with
The National Assembly homicide were considered capital offenses and
-Unicameral congress warranted the death penalty.
-in accordance to the 1935 provision ● Sedition Law (1901); Brigandage Act (1902);
-only until 1940 Reconcentration Act (1903); and Flag
-laws passed are known as Commonwealth acts Law (1907) were enacted to sanction the use of force,
1940 Constitutional Amendment including death, against all nationalist Filipinos.
-restored the two-chamber format of Congress ● The capital punishment continued to be an integral
*24 senators-elects part of the pacification process of the country, to
-first eight to serve for 6 years suppress any resistance to American authority.
-next eight to serve for 4 years ● Macario Sakay was one of those sentenced to die for
-last eight to serve for 2 years leading a resistance group. He was sentenced to die by
Commonwealth Act No 1: public hanging.
An Act Providing For the National Defense of the
Philippines, Penalizing Certain Violations WHY IS THE AMERICAN OCCUPATION UNIQUE?
Thereof, Appropriating Funds Therefor and GOVERNMENT DEMOCRACY WAS THE
Other Purposes or “The National Defense Act” GREATEST LEGACY
(December 21, 1935)
Commonwealth Act No: 63: Three branches:
An Act Providing For The Ways In Which Executive, Legislative,
Philippine Citizenship May Be Lost Or Acquired Judiciary
(October 21, 1936) EDUCATION Schools were built all
Commonwealth Act No: 73 over the country and
An Act To Prohibiting The Killing, Hunting, making English as a
Wounding, Or Taking Away of bubalus medium of transaction
mindorensis,
Commonly Known As Tamaraw (October 23, First teachers were called
1936) Thomasites because they
Commonwealth Act No. 146: were on board the SS
The Public Service Law (November 7, 1936) Thomas
Religion Protestantism was
introduced
JUDICIAL POWER
-the judiciary became an independent body In 1929, about 300,000
following the ratification fo the 1935 Filipinos because
Constitution, the principle of separation of Protestant
powers
-Chief Justice and 10 Associate justices sit on an The church and the state
en banc in to divsions, otherwise provided by were separated
law Transportation and Improved
THE JUDICIAL SYSTEM Communication
-principle of separation of powers was adopted Built roads, streets, and
-provided for the independence of the judiciary bridges for efficient
 movement of products
and services
ENTERTAINMENT Hollywood movies
became popular in the
country
New kinds of music and
dance were introduced
like rock n roll, boogie,
jazz, tango, cha cha,
polka and rhumba
Filipinos learned to
watch and play games
like table tennis,
basketball, volleyball,
boxing and football
Mode of Dressing Changed
Women learned to wear
dresses, high-heeled
shoes, and hand bags
Meanwhile, men wore
suits, polo shirts, ties and
jeans
ARCHITECTURE American architecture is
still present today
Ex. UP, PNU, Manila
Hotel, PGH
Language English was taught
Soon, some English
words because part of
our vocabulary
American names were
adopted
NEGATIVE EFFECTS OF THE AMERICAN COLONIZATION
Americanization and Colonial Mentality
-buying of imported products instead of local
ones
-lack of Filipino’s self-confidence with the
products of other countries.
>Filipino culture was neglected
THE JAPANESE REGIME (1942-1945)
History of the Japanese Regime
 On December 8, 1941, Japan invaded the
Philippines;
 Japan first attacked Clark Air Base in
Pampanga, then Nichols Field;
 Japan landed on Lingayen Gulf on
December 22;
 Manila was occupied by the Japanese on
January 2, 1942
 The Japanese Occupation was opposed by
active and successful underground and
guerrilla activity; opposing these guerrillas
were a Japanese-formed Bureau of
Constabulary, Kempeitai, and the Makapili.
Nature of Government
 Philippine Executive Commission
1. Established on January 3, 1942
2. Provisional caretaker government
3. Members are composed of the same
members appointed by Manuel
Quezon for the Civilian Emergency
Administration
4. Kapisanan sa Paglilingkod sa Bagong
Pilipinas (KALIBAPI) was created by
virtue of Proclamation No. 109
 Second Philippine Republic
1. Established on October 14, 1943
2. Republic of the Philippines
3. Japanese-sponsored Philippine
Republic
4. Presidential form of government
(power is equally divided among the
legislative, executive, and judiciary)
Greater East Asia Co-Prosperity Sphere
 the Philippines has been promised of its
independence
 revealed the intention of the Japanese in its
aggressive expansion under the pretext of
being a liberator against Western
Supremacy
Executive Branch
 Philippine Executive Commission
- Jorge Vargas was its first chairman
(1942)
- The President, Jose P. Laurel
Functions:
 1. Supervision and control of all the 2. Water Torture
ministries, offices, local 3. Electric torture
governments 4. Burning
2. Commander-in-Chief of all armed 5. Dislocation of limbs
forces of the Republic 6. Psychological torture
3. Appoints the cabinet, ministers and 7. Threats to families
vice-ministers
4. Appoints ambassadors, diplomatic END OF OCCUPATION
ministers, consuls, heads of - MacArthur’s Allied Forces landed on the island
bureaus, officers of the army, of Leyte on October 20, 1944, accompanied by
provincial governors, city and Osmeña, who had succeeded the
municipal mayors Commonwealth presidency upon the death of
Quezon on August 1, 1944;
Legislative Branch - Japan’s formal surrender was on September 2,
 KALIBAPI 1945.
- movement designed to replace all
political parties in the Philippines
- KALIBAPI formed the Preparatory
Committee for Philippine Independence
to draft a Constitution for Philippine
Independence
 National Assembly
- Benigno S. Aquino (speaker)
- legislature of the Second Philippine
Republic
 Functions of the National Assembly
- The power to elect the President
- No bill which shall have passed the
National Assembly shall become a law
unless approved by the President

Judicial Branch
 Headed by Jose Yulo
 Supreme Court
-Function of the Supreme Court
1. Original jurisdiction over cases
affecting ambassadors, diplomatic
ministers, and consuls
2. Apply and interpret the law
3.
- Shall be composed of a Chief Justice and
six Associate Justices
- The members are appointed by the
President
 Court of Appeals
 The Courts of First Instance

FORMS OF LAWS AND SANCTIONS

- Forms of Law
1. The 1943 Constitution of the Republic of the
Philippines
- Forms of Sanctions
1. Corporal beating