INTRODUCTION TO

PHILIPPINE CRIMINAL
JUSTICE SYSTEM
Lesson 3. Evolution of Law
Lesson Outcomes:
At the end of this lesson, you should
be able to understand the evolution of
law.
•Law should be like death, which spares
no one.
•-Montesquieu (1689-1755)
LESSON 3. EVOLUTION OF LAW

•Code of Hammurabi
This considered as one of the first known bodies of law. It
was promulgated by King Hammurabi who ruled the
ancient city of Babylon in around 2000 B.C. The Code of
Hammurabi is a set of laws that was engraved on stone
tablets, which were aimed to establish property and other
rights. The Code deals with the issues of theft, ownership,
sexual relationships and interpersonal violence. The Code
specifies a variety of corporal punishment, and even death.
• Roman Law
This was derived from the Twelve Tables, which was written in 450
B.C. These Twelve Tables were a collection of basic rules related to
family, religion, and economic life. The tables are based on common
and fair practices generally accepted among early tribes.
The Justinian Code consists of three (3) legal documents: (1) the
Institutes; (2) the Digest;
(3) and the Code. The Justinian’s code distinguished between two
major legal categories: public and private laws. Public law dealt with
the organization of the Roman state, its senate, and governmental
offices. Private law concerned itself with the contracts, personal
possessions, legal status of various types of persons, and injuries to
citizens. The civil and criminal law today was influenced by this
Roman Law.
•Common Law
It had its origin in the early English society. Common law
is a body of early unwritten legal principles created from
social customs, rules, and practices. Common law was
legal upon the official declaration that it was the law of the
land by the English King Edward the confessor in the
eleventh century. The authority of common law was further
reinforced by the decision of William the Conqueror to use
popular customs as the basis for judicial action following
control over Britain in 1066 A.D.
The Magna Carta (Great Charter)
This was signed on June 15, 1215 by King John of England.
The Magna Carta guarantees basic liberties for all British
citizens. One specific provision of Magna Carta, designed
originally to prohibit the king from prosecuting the barons
without just cause, was expanded into the concept of “due
process of law”- a fundamental cornerstone of modern
legal procedure. Magna Carta has then been called “the
foundation stone of our present liberties”.
•Greek Laws
The Greek Law contributes to the Western thoughts about
the law coming from the ideas of great philosophers, such
as Socrates, Plato, and Aristotle. Notions of justice
profoundly influences legal reasoning emerged from these
Greek thinkers. The concept of impartiality and common law
against constructive law were regarded as
early Greek contributions that remain significant to
contemporary society.

.
•Canon Law
Also called ecclesiastical law, Canon Law is the body of
laws made by or adapted by ecclesiastical authority in
the 12th and 13th centuries for the government of the
Christian organization and its members. The impact of
canon law propagated promptly at the moment the
bishop instituted themselves as transitory rulers upon
the downfall of the Roman Empire in the West.
•Germanic Law
The law of the Teutonic or Germanic tribes is a
family of customary laws. The Germanic tribes
verbalized law tradition comprising of numerous
features that could be viewed s democratic even
though tribes are linked with primordial
elements of law and the code of boldness
• Philippine Laws
The early Filipinos have different forms of laws. These laws are
written and unwritten laws. The written law is one that is written at
a definite time and process constituted or formed by the legislatures.
The unwritten law, on the other hand, is the product of customs,
traditions, and social culture of a society. The legal decisions of
unwritten laws are based on the forms of character. It is not
classified and written but it controls the behavior of the people living
within that society.
In the early Filipino time, the written laws are formulated by
the leader of the tribe known as “datus”. They are responsible in
regulating the peace and order of their respective tribes. The two
known written codes in the pre-Spanish era are the Maragtas Code
and the Kalantiao Code. These written laws are based on their
practices, customs, and traditions that have been practiced down
from one generation to another.
 •Maragtas Code
It is considered the oldest known written body of
laws in the Philippines. It has been said to be
written in 1250 A.D. by Datu Sumakwel of
Panay.
• Kalantiao Code
This Code was said to be the second oldest legal code in
the Philippines. It was written in 1433 A.D. by Datu
Kalantiao of Panay.
In pre-Spanish time, the head of the government unit is the
datu or rajah, or the sultan or hadji in some places. The unit is
composed of settlements or villages called barangay (named
after Malayan word balangay which means ‘boat”) that consist
of more or less 100 families. The datu is also the chief
executive, lawgiver, chief justice, and military head of the unit.