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LEGAL PROFESSION

9-3-2012
Prespanish to Spanish (up to 1898)

Prior to the arrival of the Spaniards, phil society was divided into 4 classes:
Nobles, freemen, dependents, slaves

Barangay was the unit of govt


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Consisted of 30-40 families


Ruled by a datu (chieftain) who exercised ALL functions of government

Customs and practices were the source of law. Usually handed down orally from
generation to generation.
Written laws were promulgated from time to time by the chieftain and the elders. (alibata
format)
The Maragtas code was supposedly promulgated by Datu sumakwel of Panay around
1200 AD
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Literature, not a real code of law. Was misinterpreted by discoverers.

The Code of Kalantiaw was allegedly written in 1433 AD by Kalantiaw, the 3rd chief of
panay.
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Hoax perpetrated by Jose E. Marco, not a real code of law.


Derived from two words: Kalan Lakan, meaning great chief. Tiaw wise man

The Muslim influence came from Indonesia. They had their own written social rules and
regulations based on the precepts of the Koran.
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Had a much more developed legal history

The Mindanao Moros had the Luwaran, or the laws of Maguindanao.


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Selections from OLD Arabic law

The CODE OF SULU


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Guide for the proper execution of the duties of office in accordance with the laws
and rules of the state.
Promulgated with the general consent of all datus, panglima, and subordinate
officers of the State.

Magellan discovered the Philippines on March 16, 1521. Spanish rule was established
in 1565.
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Philippines was an important find, the country was rich in natural resources.

When the Spaniards conquered the Philippines, they did not succeed in suppressing the
Muslims.
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Muslim legal system persists to this day.


SPANISH PERIOD

The country was divided into provinces based on linguistic considerations, for
administrative purposes.
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Barangays were gathered into pueblos.


First time we have a national government, with a working political ladder of
positions.
The cabeza de barangay were convened by the gobernadorcillo or capitan.
We were controlled by the weaknesses of language. We were not united, since we
all had different languages that we used. Only few knew English. This is the
beginning of Colonial Mentality.
Presently, this was the precursor of the current debate about using the mother
tongue as a means to teach MOTHER TONGUE EDUCATION related to K-12

Two kinds of laws were enforced by Spain in the Philippines:


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Laws of Spain governing Spanish Citizens


Those enacted to govern the colonies (we were 2nd-class citizens)

On March 22, 1987, Andres Bonifacio called for an assembly of Magdalo and Magdiwang
leaders to the Tejeros Convention.
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We had a lot of issues with Spain. We developed a sense of Nationality with the
help of noli me tangere and el filibusterismo.
We did not learn Spanish for a practical purpose: so we did not understand them.
Exception: rich people were trained with the Spanish tongue, which precipitated
the revolution.
Tejeros Convention To make a constitution, to unite the magdalo and magdiwang
factions. Unfortunately, nothing happened because they were warring factions.

The Biak-na-Bato constitution was approved on November 1-2, 1897


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Copied from the Cuban constitution

The Biak-na-Bato Republic ended on December 15, 1897 with the signing of the truce
agreement to suspend hostilities.
Aguinaldo returned to Cavite after a self-imposed exile in HK to establish a dictatorial
government proclaimed on May 24, 1898.
On June 12, 1898, the revolutionary government was established, with Aguinaldo as
President.
They approved the Malolos Constitution on Nov. 29, 1898.
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It was the first republican constitution in Asia, influenced by the Cartilla,


Sanggunian-Hukuman, Charter of the Katipunan

Malolos Constitution
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Separation of Church and State


Unicameral legislature called the Assembly of representatives
Executive power vested in the President who was elected by an absolute majority
of the assembly and special representatives. NO VICE PRESIDENT.
Judicial power in one SC and in other courts to be created by law.

Treaty of Spain transferred Spanish sovereignty over the Philippines to the US.
Philippine-American War began on February 4, 1899. (happened on mistake of fact,
American soldier accidentally killed a Filipino)
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Schurman Commission sent on March 4, 1899. (to check if we are ready for
independence)
Introduction of FREE EDUCATION
Taft Commission on March 13, 1900. (Second Philippine Commission)
From MILITARY GOVERNMENT to CIVIL GOVERNMENT
Both felt that we were NOT READY.

PLEASE READ NEXT MEETING: In re: Max Shoop and Lansang V. Garcia GR L-33964 Dec.
11, 1971

Presidents instructions of April 7, 1900


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To transform the Military into a Civil Government

The Spooner Amendment of March 2, 1901


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Gave the President Authority to establish a truly civil government


Establish an SC, CFI, and justice of the peace courts

The Philippine Bill (Act of Congress, July 1, 1902)


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Provided for the calling of a popular assembly, which was convened on Oct. 16,
1907. It chose 2 resident commissioners to the US.
Together with the Phil. Commission, the Philippine Assembly formed the Philippine
Legislature.
The US congress announced that the constitution and By-Laws of the US were not
in force in the Philippines.
The civil governor, vice-gov., heads of exec. Dept, and members of the Philippine
commission were appointed by the President, with the consent of the US Senate.
Judicial power was vested in the SC, in the CFIs, and in the municipal courts. CJ and
Associate Justices of the SC were appointed by the President. The judges of the CFI
were appointed by the civil governor, with the advise and consent of the Philippine
commission.

Jones Law, or Philippine Autonomy Act (Act of Congress, August 29, 1916)
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Superceded the Spooner Amendment and Philippine Bill as the chief organic act of
the Philippines.
Resembled a constitution in form and content.

The Tydings-McDuffie Law of 1934


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a.k.a. the Philippine Independence Act


Lengthened because of the Japanese Occupation.

The 1935 Constitution


COMMONWEALTH AND JAPANESE PERIOD (1941-1946)

The commonwealth Government


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Elections were held on Nov. 15, 1935, with Manuel L. Quezon as President and
Sergio Osmena as VP
The first law to be passed by the first national assembly was the National Defense
Act, under which the Philippine National Army was created.
The constitution was again amended in 1945, with the inclusion of parity rights.
means FAIR, EQUAL In Pare Delicto However, it was not fair in terms of right
and exportation products, as an example.
On January 3, 1942, the commander-in-chief of the Japanese Imperial Forces
proclaimed martial law.

The Japanese Occupation


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Order # 1 organized the Philippine Executive Commission, with Jorge Vargas


appointed as Chairman. Its main functions were to increase food production (for
Japanese troops as well as Filipino citizens), to aid in reconstructing damaged
infrastructure, and to induce the guerillas to surrender.
President Quezon was flown to Australia in March 1942.
The Preparatory Commission for Philippine Independence headed by Jose P. Laurel
drafted the transitory 1943 Constitution.
1943 constitution was never RATIFIED by the Philippines. Puppet government, not
recognized.
On October 14, 1943, the 2nd Republic of the Philippines was inaugurated. After the
ceremonies, the Phil. Govt signed a secret Pact of Alliance with Japan, allowing
Japanese to station troops in the country and to exploit the economy.
3rd Phil. Republc and Martial Law (1946-1986)

On February 27, 1945, Gen. MacArthur turned over Malacanang Palace to President
Osmena.
Later, President Roxas granted amnesty to all suspected political, economic, and cultural
collaborators.
The Philippine Trade Act of 1946 (a.k.a. the Bell Trade Act [similar to parity rights]) was
passed by the US Congress on April 30, 1946.
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Allowed entry of Phil. Articles into the US free of ordinary customs duties until July
3, 1954.

Philippine Independence was proclaimed on July 4, 1946.


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A corresponding executive agreement was signed by US commissioner McNutt and


President Roxas.

On August 21, 1971, the Liberal Party Rally at Plaza Miranda was bombed (happened
during the meeting of the OTHER PARTY). Marcos said it was supposedly bombed by
insidious elements. He used that as a reason for suspension of the below statement.
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President Marcos suspended the writ of habeas corpus.


President Marcos issued Proclamation # 1081 on Sept. 21, 1972, placing the entire
Philippines under Martial Law.
He submitted the proposed Constitution for ratification.

On January 17, 1973, the CJ received a copy of Proclamation # 1102 signed by President
Marcos, certifying and proclaiming that the constitution had been ratified by an
overwhelming majority of all votes cast by the members of all the Citizen Assemblies
throughout the Philippines.
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Pictorial evidence was used, although there are rumors of it being untrue.

The Consensus of the SC affirmed the transitory provisions of the 1973 Constitution,
combining in the president all the powers of the executive and legislative branches of
government.
Military tribunals were established.
On October 16-17, 1976, the people ratified amendments
EDSA REVOLUTION (1986-PRESENT)
On August 21, 1983, Ninoy Aquino was shot to death at the Manila international Airport.
Ninoys widow, Corazon Aquino, ran for President at the snap elections held on
February 7, 1986.
On February 15, 1986, the Batasang Pambansa proclaimed Marcos as President.
EDSA Revolution begun.
On February 25, 1986, Corazon Aquino was proclaimed the first WOMAN president. (1986
Freedom Constitution)
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Not in constitution for the validity of her Presidency, but the PEOPLE are louder in
proclamation, since they are the SOVEREIGN WILL of the COUNTRY.

Cory Aquinos Proclamation #1


She Abolished the Batasang Pambansa
The 1987 Constitution took effect on February 2, 1987, after an overwhelming affirmative
vote. It framed a stronger and more detailed Bill of Rights and enhanced checks and
balances against abuse of governmental powers.
CURRENT LEGAL SYSTEM
The Most important law is the organic act.
There are also statutes which are enactments of the legislative.
Administrative acts, orders, and regulations of the President regarding the organization
or mode of operation of the government are made via Executive orders.
Treaties or international agreements are not valid and effective unless concurred in by at
least 2/3 of all members of the Senate.
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Without such agreement, they are merely considered as Executive Agreements.

Admin rules and regulations issued by heads of departments or other agencies of


government are issued for the effective enforcement
Decisions of the SC bind the lower courts and are likewise a source of law.

Decisions of the CA are merely persuasive on lower courts. They may be cited in cases
where there are on SC decisions in point.
NATURE OF THE LEGAL PROFESSION (Villareal BOOK, please READ)
9/10/12
In re: Max Shoop
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Philippine requirement to practice law: PASS THE PHIL BAR EXAM


How can Max Shoop practice law in the Philippines without taking the bar?
Rules of Court, related to
THERE IS MORE THAN ONE PHILIPPINE LAW
When will the NY rule be applied?
It will be applied on the basis of Philippine lawyers being able to practice law in the
US using the NY rule, why not use it on US lawyers wanting to practice on the
Philippines?
Territorial requirement was almost considered, but eventually scrapped since it
lacked legal basis.
They used the English Common Law (Case law, decisions) requirement as a means.
Spanish Civil law was practiced in the Philippines, how was ECL practiced?
Our law was consisted of a combination of ECL and Spanish Civil law
What kind of state was NY? NY was not using strictly ECL as well
What is the law NY was practicing? ECL and a little bit of civil law.
Which makes it valid for Max Shoop to practice law in the Philippines on the
grounds that NY and Philippines uses ECL and SCL using the second requirement in
the NY rule
The decision does not ESTABLISH A PRECEDENT. Not a landmark case. Cannot be
used as a means to practice in NY.
LANSANG V. GARCIA

Proclamation 889 was issued because of the Plaza Miranda bombing incident,
suspending the writ of habeus corpus.
Does the suspension of the writ of habeas corpus apply to all? No, only to those
that the suspension applies.
The group responsible for the bombing was supposedly the NPA. However, the
petitioners contend that the NPA is just a small group which did not have enough
power to commit any imminent danger or propagate the act.
The SC ruled that the suspension of the writ of habeas corpus was constitutional.
Any form of rebellion towards the government is enough reason to suspend the
writ of habeas corpus, even if there is little to no chance of success.
Can the SC still exercise Judicial Review even if the suspension of the writ of
habeas corpus had legal basis? Yes. They can review up only to the point to check
if the application of the executive power is ARBITRARY (if it entails gross
negligence).
SC had a secret meeting, divulged all the information on the Plaza Miranda
Bombing and the Proclamation 889 basis.
Habeas Corpus is not subject to PROBABLE CAUSE. It is separate.