Historical Evolution of Philippine Law

The Pre-Spanish Period

 The Barangays or the independent communities were the unit of government structures.
 Promulgated Laws were decided by the Datu.
 The head of each Barangay was called the Datu.
He governed the barangays using the native rules which were customary and unwritten.
Datu= Executive, Legislative and Judiciary

Administration Of Justice
❖ Datu is the judge or hukom.
❖ The elders are the jurors.
❖ Criminal cases are punished by slavery or death.
❖ Civil disputes fined by payments of gold.

Two Codes During Pre-Spanish Period

1. Maragtas Code by Datu Sumakwel - Morals were high, industry was encouraged. Great penalty shall be
imposed on laziness. Land shall be cultivated and planted.
2. Code of Kalantiao by Datu Kalantiao - Ye shall not kill, neither shall ye steal nor shall ye hurt the aged, lest ye
incur the danger of death.

Spanish Period
During the Spanish colonization in the Philippines, the government was composed of two branches, the executive and
the judicial. There was no legislative branch on that time since the laws of the islands were coming from Spain.

March 16, 1521 - arrival of Spaniards in the Philippines

“Encomienda” government system – a system from which the king has the right to transfer the authority of a
particular land to any Spanish individual or institution
 Encomienda - The provinces in the island
 Small towns were governed by the “gobernadorcillo”
 The city is called as “Ayuntamiento”.

Royal Audencia - the supreme Judicial body in the colony established in 1584 headed by governor-general. In 1861,
the Audiencia was reorganized and divided into two divisions (Sala de lo Civil and Sala de lo Criminal)
Below the Audiencia were the inferior courts: The Courts of First Instance (established in 1886) and the Justice of the
Peace Courts (established in 1885).

The King of Spain – serve as the royal head of the state

Miguel Lopez de Legaspi - the first governor general of the Philippines
Governor General – the chief executive and lawmaker of the state under the Spain

American Regime in the Philippines 1898-1946

Cayetano Arellano - The 1st Chief Justice of the Philippine Supreme Court under American Regime
On 1898, the United States government formally acquired the Philippines from Spain with the signing of the Treaty of
Paris on December 10, 1898. The United States paid Spain $20 million to annex the entire Philippine archipelago.

William Howard Taft - was appointed as 1st Civil Governor in the Philippines

Government during American regime in the Philippines:

1. Military Government – established in 1898 during the war between Philippines and U.S.
2. Civil Government - Established through Spooner Amendment, after the war.
3. Commonwealth Government – A partial independent PH Govt. The government in the Philippines from 1935-
 1945. To prepare Filipinos in governing their own country for but have to wait 10 years before receiving full
independence. The 1935 Constitution, signed by then US President Franklin D. Roosevelt.

Military Governor – the head of the state during Military Government.

Civil Governor – the highest authority in the government then later was changed to Governor-general.

William Howard Taft – the first Civil Governor-General

• Organic Act of 1916 – known as Jones Act/Philippine Autonomy Act. Congress pledged independence once
Filipinos demonstrated self-governance capability.
• Hare-Hawes-Cutting Act of 1933 - an act for Philippine Independence which had recently been passed by the
United States Congress over President Hoover's veto.

• Tydings-McDuffie Act of 1934 – an act which granted the Philippines independence signed by President
Roosevelt. Philippine independence through Commonwealth Government.

Philippine President – the head of the state during Commonwealth Government

Manuel L. Quezon – 1st Commonwealth President of the Philippines

Japanese Occupation

1943 Constitution (effective during the Japanese occupation)

December 8, 1941 which marked the start of the Japanese period in the Philippines.
General Masaharu Homa decreed the dissolution of the Commonwealth of the Philippines and released
an order to establish the Philippine Executive Commission.
Jeorge Vargas was appointed as head of Philippine Executive Commission on January 1942.

The 1943 Constitution was ratified by a special national convention of the Kapisanan sa Paglilingkod ng Bagong
Pilipinas, also known as Kalibapi.

Here are the notable members of Kalibapi:

 Benigno Aquino,Sr.,
 Teo Duran and Benigno Ramos.

Then it became an instrument to the appointment of President Jose P. Laurel

as the Philippine President and Jose Yulo as Chief Justice of the Supreme Court.

The 1943 Constitution and all laws, statutes ceased to

be recognized or became ineffective after the war.

The 102 Supreme Court decisions during this period were

recognized and were found in the Philippine reports.

The Japanese period was considered a military rule

by the Japanese Imperial Army which lasted
for three years and ended in 1944 with the defeat of the Japanese forces.

The Third Republic

FROM 1946 TO 1961-Independence Day was celebrated on July 4, 1946.
PRESIDENT DIOSDADO MACAPAGAL CHANGED INDEPENDENCE DAY TO JUNE 12 THROUGH PROCLAMATION NO. 28 IN
1962.
IN 1964, CONGRESS PASSED REPUBLIC ACT NO. 4166, FORMALLY DESIGNATING JUNE 12 AS THE ANNUAL
CELEBRATION OF PHILIPPINE INDEPENDENCE.

GOVERNMENT STRUCTURE
EXECUTIVE BRANCH
LEGISLATIVE BRANCH (Bicameral Congress – Senate and house of Representatives)

Judicial Branch

Manuel Roxas – A GOVERNMENT “WITHOUT FINANCIAL MEANS TO SUPPORT EVEN ITS BASIC FUNCTIONS”
Elpidio Quirino – GOAL: STRENGTHENING THE PEOPLE’S CONFIDENCE IN THE GOVERNMENT AND THE RESTORATION
OF PEACE
Ramon Magsaysay – GOAL: BOOST THE NATION’S CONFIDENCEWITH ITS GOVERNMENT
Carlos P. Garcia – GOAL: BOOST THE NATION’S CONFIDENCEWITH ITS GOVERNMENT. PROMOTED THE “FILIPINO
FIRST” POLICY
Diosdado Macapagal – EMPHASIZEDTHE RESPONSIBILITIES ANDGOALS TOBE ATTAINEDINTHE “NEW ERA”
Ferdinand E. Marcos – GOALS: THE REVIVALOF THEGREATNESSOF THENATIONANDTO STRENGTHENTHE LOCAL
ECONOMY
Martial Law Period

WHY WAS MARTIAL LAW DECLARED?

When he declared martial law in 1972, Marcos claimed that he had done so in response to the "communist threat"
posed by the newly founded Communist Party of the Philippines (CPP), and the sectarian "rebellion" of the Mindanao
Independence Movement (MIM).

President Ferdinand E. Marcos signed Proclamation No. 1081 on September 21, 1972, placing the Philippines under
Martial Law. Some sources say that Marcos signed the proclamation on September 17 or on September 22—but, in
either case, the document itself was dated September 21.
President Marcos was a President for 20 years.
Government structure during Martial Law
• September 21, 1972; Proclamation 1081, Congress of the Philippines was abolished
• Executive and Legislative powers were merged, & the Chief Executive was made the Prime Minister
• Military Tribunals were established

• The Chief Executive, the Prime Minister, was elected by a majority of all the members of the National
Assembly from amongst themselves and could be dismissed by electing a successor Prime Minister.
• The Prime Minister had the power to advise the President to dissolve the National Assembly and call
for a general election.
• The President was reduced to being a symbolic head of state.

The Batasang Pambansa a Unicameral Legislature

• Ratified and proclaimed by Ferdinand E. Marcos on January 17, 1973
• Form of Government: Modified Parliamentary
• Congress was abolished and was replaced by an elected unicameral National Assembly, known as
Batasang Pambansa.
• Made up of a maximum of 200 Members (reduced to 120- by virtue of the 1976 Amendment) elected
from different provinces with their component cities, highly urbanized cities and districts of
Metropolitan Manila, appointed representatives from various sectors such as the youth, agricultural
and industrial labor sectors, and those chosen by the President from the members of the Cabinet.
• The Members had a term of six years.

THE JUDICIARY
• Supreme Court was retained
• Rules were similar to the 1935 Constitution, but with the exception few key factors, e.g.:
• The 1973 Constitution further increased the membership of the Supreme Court to 15, with two
divisions.
• The process by which a Chief Justice and Associate Justices are appointed was changed under to grant
the President (then, President Ferdinand Marcos) the sole authority to appoint members of the
Supreme Court. There were five Chief Justices that were appointed under this provision.

Principle of martial law - Martial law is the replacement of civilian government by military rule and the suspension of
civilian legal processes for military powers. Martial law can continue for a specified amount of time, or indefinitely,
and standard civil liberties may be suspended for as long as martial law continues.
February 7, 1986 - Snap Election was held
 - The National Movement for Free Elections (NAMFREL) results showed that Corazon C Aquino led the elections.
However, Batasang Pambansa declared Marcos won over Aquino
February 25, 1986 - Ousting of President Marcos

Republic Revival

1986 FREEDOM CONSTITUTION - Promulgated by the late President Corazon C. Aquino on March 25, 1986 through
PROCLAMATION NO. 3 s. 1986
PURPOSE OF THE 1986 FREEDOM CONSTITUTION - Complete reorganization of Government, restoration of
democracy, protection of basic rights, rebuilding of confidence in the entire government system, eradication of graft
and corruption, restoration of peace and system, maintenance of the supremacy of civilian authority over the military
and the transition to government under a New Constitution.
ABROGATED PROVISION IN THE 1973 CONSTITUTION:
1. Unicameral Legislature (Batasang Pambansa)
2. Additional Legislative Powers For The President
3. The Office of The Prime Minister

THE 1987 PHILIPPINE CONSTITUTION - Commonly known as the SUPREME LAW OF THE LAND. It is a body of laws that
protects and defines the rights of citizens, establishes how the government should work, and outlines how laws are
made in order to protect those rights.
1. Proclamation of the Freedom Constitution
a) Procalamation No. 1, February 25, 1986, announcing that she (Corazon Aquino) and VP Laurel were
assuming power.
b) Executive Order No.1, (Febrauary 28, 1986)
c) Procalamation No.3, March 25, 1986, announced the promulgation of the Provisional (Freedom)
Constitution, pending the drafting and ratification of a new Constitution.
2. Adoption of the Constitution
a. Proclamation No. 9, creating the Constitutional Commission of 50 members.
b. b. Approval of the draft Constitution by the Constitutional Commission on October 15, 1986
c. c. Plebiscite held on February 2, 1987 d. Proclamation No. 58, proclaiming the ratification of the
Constitution.
3. Effectivity of the 1987 Constitution: February 2, 1987

1. The new Constitution consists of 18 articles and is excessively long compared to the 1935 and 1973
constitutions.
2. The independence of the judiciary has been strengthened with new provisions for appointment thereto and
an increase in its authority, which now covers even political questions formerly beyond its jurisdiction.
3. The Bill of Rights of the Commonwealth and Marcos constitutions has been considerably improved in the 1987
Constitution and even bolstered with the creation of a Commission of Human Rights.

ARTICLES IN THE 1987 CONSTITUTION

• National Territory (I) • Local Government (X)
• Declaration of Principles and State Policies • Accountability Of Public Officers (XI)
Principles (II) • National Economy and Patrimony (XII)
 • Bill of Rights (III)
• Citizenship (IV)
• Suffrage (V)
• Legislative Department (VI)
• Executive Department (VII)
• Judicial Department (VIII)
• Constitutional Commissions (IX)
• Social Justice and Human Rights (XIII)
• Education, Science and Technology, Arts,
Culture, and Sports (XIV)
• The Family (XV)
• General Provisions (XVI)
• Amendments or Revisions (XVII)
• Transitory Provisions (XVIII).

WHAT MAKES 1987 CONSTITUTION DIFFERENT FROM 1973 CONSTITUTION?

The use of “Divine Providence” in the Preamble of the 1973 Constitution and “Almighty God” in the 1987 Constitution.
The minimum age on the day of the election to be elected president, which is 50 in the 1973 Constitution and 40 in
the 1987 Constitution.
The lawmaking body, which is the unicameral National Assembly in the 1973 Constitution and the bicameral Congress
in the 1987 Constitution.
The separation of powers in the 1987 Constitution which is consist of the three branches: EXECUTIVE, LEGISLATIVE and
JUDICIARY.
After Marcos was deposed in 1986, the newly drafted 1987 Constitution prohibited the death penalty but allowed
Congress to reinstate it "hereafter" for "heinous crimes"; making the Philippines the first Asian country to abolish
capital punishment. The death penalty was replaced by reclusion perpetua.