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Philippine Law After Spanish Conquest

A brief presentation regarding the history after the Spanish era for the introduction of the legal profession in the Philippines.

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Philippine Law After Spanish Conquest

  1. 1. The History of Philippine Law: AFTER THE SPANISH CONQUEST 1CHRISTIINE L. COMETA 2015
  2. 2. History of Spanish Law • March 16, 1521 - The landing of Magellan on the Philippines; This presage the new era in the history of Philippine Law. CHRISTIINE L. COMETA 2015 2
  3. 3. CHRISTIINE L. COMETA 2015 3 6th Century 13th Century 16th Century 19th Century Modern Spanish Law Reign of Alfonso the Wise Reign of Ferdinand and Isabella Reign of Emperor Charles V Codification of Spanish Law 1st Period: Ante – Justinian Law 2nd Period: Period of the Introduction of Justinian Roman Law in Spain as a result of Bologna Revival 3rd Period: Partial Codification 4th Period: Complete Codification Brief Timeline of the History of the Spanish Law
  4. 4. OLD COMPILATIONS  The Breviary or Code of Alaric  The Fuero Juzgo – “It was the law for all Spain, binding both the conquering Germans and the Vanquished Hispano – Romans”  The Fuero Real – the compendium of the laws of the kingdom of castille  The Siete Partidas – This was published in 1265 after 10 years of labour. This consists of a Castilian-Spanish Law divided into seven parts. The groundwork of the modern Spanish Civil Code of 1889.  El Ordamiento de Alcala – laws relating to court procedures, contracts, wills, and crimes, enacted in 1348  Las Leyes de Toro – Promulgated in 1505. These laws were intended to supplement the Fuero Real and Partidas CHRISTIINE L. COMETA 2015 4
  5. 5. The Period of Partial Codification  It started in the 16th Century under Philip II. In 1567 – He promulgated the “Nueva Recopilacion “– which was intended to comprise the laws in force in “Fuero Real” and “Partidas” as well as some parts of the “Fuero Juzgo” and almost all of the “Ordenamiento de Alcala” and the “Laws of Toro”. This was the beginning of the movement of unification of Spanish Law  On 1680, under Charles II – “Recopilacion de las Leyes de las Indias” was promulgated – This comprises the Spanish Colonial Law.  In 1805, under Charles V – “Novisima Recopilacion” – the partial codification CHRISTIINE L. COMETA 2015 5
  6. 6. Modern Spanish Codes and Special Laws  The Penal Code  The Code of Criminal Procedure (Ley Provisional and Ley de Enjuiciamiento Criminal)  The Code of Civil Procedure (The Ley de Enjuiciamiento Civil)  The Code of Commerce  The Civil Code (except the portion relating to Marriage)  The Marriage Law of 1870  The Mortgage Law  The Mining Law  The Law of Waters  The Copyright Law  The Railway Law  The Notarial Law  The Law of Foreigners for Ultramarine Provinces  The Code of Military Justice Most of the codes and special laws promulgated in Spain were extended to the Philippines. CHRISTIINE L. COMETA 2015 6
  7. 7. CHRISTIINE L. COMETA 2015 7 The Post – Spanish Period
  8. 8. LANDMARK EVENTS AFTER THE SPANISH ERA: Battle in Manila Bay – May 1, 1898 ; It was the victor of Admiral Dewey – The event was said to marked the end of the Spanish Rule in the Philippines. Treaty of Paris – This was an agreement between Spain and United States on the year of 1898. In this treaty, Spain transferred their sovereignty over the Philippines to the United States.  Malolos Congress – Assembled by Emilio Aguinaldo creating the Malolos Constitution, the First Philippine Republic and the declaration of Independence from Spain; On the same year, it paved a way to Fil- American War on 1899. CHRISTIINE L. COMETA 2015 8
  9. 9. MILITARY GOVERNMENT  Gen. McKinley ordered the establishment of a Military Government after the Mock Battle of Manila on August 13, 1898 CHRISTIINE L. COMETA 2015 9 Notable General Orders during the Military Government: General Order No. 68 – December 18, 1899; Radical changes in Marriage Law, which instituted civil marriage and was later on superseded by the provisions on the subject in the new Civil Code (August 30, 1950) General Order No. 58 – April 23, 1900; The Code of Criminal Procedure; According to Chief Justice Cayetano Arellano – it was the greatest benefits conferred upon the inhabitants of the country; The general order continued to be in force until it was repealed by the Rules of Court (July 1, 1940)
  10. 10. CHRISTIINE L. COMETA 2015 10 After the military government ended on Sept. 1, 1900, the Civil Government had been continually adding new laws in the body of the Philippine Law through five legislation periods The Philippine Commission, ending in 1907 Philippine Commission and Philippine Assembly, ending in 1916 Philippine Legislature (Senate and House of Rep.), beginning in 1916 to the establishmen t of Commonwe alth on Nov. 15, 1935 National Assembly under Commonwealt h from the last mentioned date to the proclamation of Republic of the Philippines on Jul. 4, 1946 Philippine Congress under the republic since the last mentioned date to the present.
  11. 11. CHRISTIINE L. COMETA 2015 11 1898 1899 1934 1941 19461900-1902 1916 1935 1944- 1945 1898 •Treaty of Paris (Bet. Spain and U.S) •Malolos Congre ss •End of Spanish – Americ an War 1899 • Malol os Const i. • Militar y Gov’t • Fil – Am War 1900-1902 •US Captur es Aguinal do •William Taft arrived as 1st US Gov. In the Phil. 1916 • Jones Law 1934 •Tydi ngs – McD uffie Law 1935 •1935 Con sti./ Phil. Com mon weal th •Manue l Quezo n is the 1st Pres. 1941 •Jap ane se Inva sion • Defe at of Gen. Dou glas McA rthur 1944-1945 •Quezon died in exile •Osmena succee ded the preside ncy •McArth ur returned in tthe Phil. •In Tacloba n Leyte 1946 •The U.S. gave the Philippin es indepen dence and Manuel Roxas y Acuña is elected as the first preside nt of thenew republic . TIMELINE: PHILIPPINE HISTORY AFTER THE SPANISH COLONIZATION
  12. 12. THE LAWS OF THE PHILIPPINES TODAY:  The New Civil Code – Republic Act No. 386 – Effective Date: August 30, 1950  The Code of Commerce for the Philippine Islands – Based on Spanish Code of 1885 and was extended to the Philippines by Royal Decree of Aug. 6, 1888 and took effect in this jurisdiction on December 1, 1886.  The Revised Penal Code – Act No. 3815 – Effective Date: January 1, 1932 – it is a revision of the Spanish Penal Code of 1870 which was extended to the Philippines on July 14, 1887.  The Rules of Court – Body of rules concerning pleading, practice, procedure in all courts, and the admission to practice of law – Effective Date: July 1, 1940; As revised: Jan. 1, 1964  The Revised Administrative Code of 1917 – Enacted by the Philippine Legislature as Act No. 2711 on March 10, 1917 CHRISTIINE L. COMETA 2015 12 Agricultural Land Reform Code, National Internal Revenue Code, Customs and Tariff Code, the Revised Election Code, and the Land Transportation Code
  13. 13. The Statutes  PUBLIC LAWS or ACTS – These are enactments passed before the establishment of the Commonwealth  COMMONWEALTH ACTS – These are approved under the Commonwealth  REPUBLIC ACTS - These are those enacted under the Republic of the PhilippinesCHRISTIINE L. COMETA 2015 13 Historical Stages of the Enactments of the Philippine Legislature: 1. Philippine Commission 2. Philippine Commission and the Philippine Assembly 3. Congress of the Philippines
  14. 14. CONCLUSIONS: 1. The greater bulk of Philippine private, substantive law is Romaneque. 2. There has been an increasing infiltration of common – law principles into Philippine Jurisprudence: > Substitution of the Spanish political law by the American Political Law > The enactment of new statutes were drawn from American patterns by the Philippine Legislature. > The growing reliance by the bar and the bench on American decisions in the application and interpretation, not only of American derived statutes but also of the statutes of Spanish origin. > The imitation of the system of American legal education by the law schools of the Philippines CHRISTIINE L. COMETA 2015 14
  15. 15. CONCLUSIONS: 3. Despite the rapid increase of the common – law element. The Romanesque portion of the Philippine law still predominates and will continue to predominate 4. The case law method of adjudication, which is a condition sine qua non of the common – law system is not adopted. CHRISTIINE L. COMETA 2015 15
  16. 16. Important American Legal Concepts and Institutions which have been Engrafted on the Philippine Legal System are: A) In the realm of government, the doctrine of separation of powers and the theory of Judicial supremacy according to which the judiciary, a co-ordinate department of the government, serves as the guardian of the Constitution. B) In the branch of adjective law, a scientific and simplified system of civil and criminal procedure C) In the field of Commercial Law, a series of modern laws on trade and commerce, such as the Corporation Law, Insolvency Law, Negotiable Instruments Law, Securities Act, Insurance Law, General Banking Law, etc. D) With respect to the Civil Code: the rules of equity concerning trusts, natural obligations, estoppel, quieting of title and reformation of instrument; additional rules governing easement, damages, liability of common carriers, the statute of frauds, sale, and partnership; a procedure for arbitration, etc. CHRISTIINE L. COMETA 2015 16
  17. 17. The Character of Philippine Law  The Philippine Law has a unique quality. Our laws in the Philippines may have been from different origins, specifically that of the Spanish, American, and our very own Philippine origin, yet the many changes that have taken place have given its indefinite and distinct quality. CHRISTIINE L. COMETA 2015 17
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