Chapter 1: Historical Overview

Some facts:
 7,107 islands (2000 inhabited)
 115,600 sq. m.
 Population of 93.9 M
 87 major languages
 Functional literacy of 84.1
 Agriculture as the largest sector of economy
 Labor force of 78.8%
The Philippine Legal System
 Blend of customary usage, Roman (civil law) and Anglo-American (common law) systems
 Civil law: precedents; governs family relations, property, succession, contract, criminal law
 Common law: statutes; governs constitutional law, procedure, corporation law, negotiable
instruments, taxation, insurance, labor relations, banking, currency
 Eras in the Philippine Legal History
o Pre-Spanish
 Maragtas Code by Datu Sumakwel (Panay Islands, 1200 - 1212 A.D.)
 Family realtions, inheritance, divorce, usury, partnerships, loans, property
rights, barter and sale, crime and punishment
 Penal Code of Kalantiao by Datu Kalantiao (1433)
 Felonies vs misdemeanors, principal vs accomplice, qualifying vs. mitigating
circumstances, recidivism as an aggravating circumstance
 Trial by ordeal practiced in barangays
o Spanish Regime
 Started with the arrival of Ferdinand Magellan in 1521
 Spanish laws and codes extended to the PH thru royal decrees or by issuance of
special laws for the islands
 Most prominent: Fuero Juzgo, Fuero Real, Las Siete Partidas, Las Leyes de Toros,
Nueza Recopilacion de las Leyes de Indias, Novissima Recopilacion
 At the end of the Spanish Era the following laws were in force in the coutnry
 Codigo Penal de 1870
 Ley Provisional para la Aplicaciones de las Disposiciones del Codigo Penal en las
Islas Filipinas de 1888
 Ley de Enjuiciamiento Criminal de 1872 (Criminal Procedures)
 Ley de Enjuiciamiento Civil de 1856 (Civil Procedures)
 Codigo Comercio de 1886
 Codigo Civil de 1889
 Marriage Law of 1870
 Ley Hipotecaria de 1861 (Mortgage Law)
 Ley de Minas de 1859 (Mining Law)
 Ley Notarial de 1862
 Railway Law of 1877
 Law of Foreigners for Ultramarine Provinces of 1870
 Code of Military Justice
o Philippine Republic of 1898
 Started with the proclamation of Philippine Independence by Gen. Emilio Aguinaldo
on June 12, 1898
  Malolos Constitution (1899) - proclaimed popular sovereignty; enumaerated
fundamental civil and political rights
 The Republic exercised only briefly its authority
o American Regime and the Commonwealth Era
 Started with the signing of the Treaty of Paris on December 10 1898
 Philippine political laws were completely repealed
 Spanish laws, customs, and rights inconsistent with American ideals were superseded
 The government operated thru the following organic laws:
 President MacKinley's Instructions to the Second Philippine Commission (April 1
1990)
 Spooner Amendment (1901)
 Philippine Bill (1902)
 Jones Law (1916)
 Tydings-McDuffie Law (1934)
 Pursuant to the Tydings-McDuffie Law, a Commonwealth government was to be
established to serve over a transition period of 10 years before independence is
to be granted
 The first Philippine Constitution was approved on February 8 1935, signed by US
President F.D. Roosevelt on March 23 1935, and ratified by a plebiscite on May
14, 1935
 Pres. Manuel L. Quezon and V.Pres. Sergio Osmena as first executive and
legislative officials
o Japanese Occupation
 1943 Constitution - established by a special national convention of Kapisanan ng
Paglilingkod sa Bagong Pilipinas (KALIBAPI)
 Led by Jose p. Laurel
 Commonwealth in exile in Washington D.C. until its reestablishment in February 28,
1945
o The Philippine Republic
 Operated under the 1935 Constitution
 Division of power between the President, the Congress, and the Supreme Court
 Due to calls for legal and political reforms, the Congress set into motion the formation
of a National Convention to draft a new constitution
 While the Convention was in session, then Pres. Ferdinand Marcos (rot in hell!!!)
placed the Philippines under the Martial Law
o Martial Law Period
 Operated under the 1973 Constitution
 Parliamentary form of government (w/c was never fully implemented)
 Prime Minister as the chief executive, President as the symbolic head of state
 An Interim Batasang Pambansa was created
 Powers of the Prime Minister and Predident merged in Ferdinand Marcos
 Under the Amendments of the Constitution, Marcos was also allowed to exercise
legislative powers until the Martial Law "shall have been lifted"
 Ended with the February 7, 1986 snap elections, which led to the Armed Forces
Mutiny and the EDSA People Power Revolution
o Continuation of the Republic
 Started with the oathtaking of Corazon Aquino on February 25, 1986
 The President continued to exercise legislative powers
  Creation of the 1987 Constitution

Chapter 2: Sources of Law

 The main sources of Philippine Laws are the Constitution, statutes, treaties and conventions, and
judicial decisions
o Constitution - supreme law of the land; every official action, to be valid, must conform to it
o Statutes - intended to supply the details which the Constitution must leave unprovided for
o Treaties - compacts made between two or more independent nations with a view to the
public welfare
 Following the three-tier system, only the decision of the Supreme Court establish jurisprudence
and are binding in all other courts
 Customary laws also form a part of the Filipino legal heritage (to a certain extent) because the
1987 Constitution provides that "the State shall recognise, respect, and protect the right of
indigenous cultural communities to preserve and develop their cultures, traditions, and
institutions."
 Philippine Statutes
o The Code of Commerce
 Became effective on December 1, 1888
 Derived from the Spanish Code of Commerce of 1885; modified to suit local conditions
 Defines the qualifications of merchants, letters of credit, joint accounts, mercantile
registry, bookkeeping, and acts of commerce in general
o The Corporation Code
 Became effective on May 1, 1980
 Governs the rules and regulations on the establishment of stock and non-stock
corporations
 Registration requirements
 Powers and capacities
 Guidelines on disbursing profit
o Civil Code
 Became effective on July 1, 1950
 Replaced the Spanish Civil Code of 1889
 Four books
 Persons
 Property
 Different Modes of Acquiring Ownership
 Obligations and Contracts
 25% = preserved entirely from the old Code, 32% = amended articles, 43% = entirely
new provisions
o Family Code
 Became effective on August 3, 1988
 Amended the Civil Code provisions on marriage and the family
 Grounds for annulment of marriage (+ psychological incapacity)
 Property relations between spouses in the absence of stipulations in the
marriage settlement (conjugal partnership of gains -> absolute community of
property)
 Simplification of classification of children (legitimate, illegitimate, adopted)
 Filipinos married and divorced abroad can remarry under the Philippine Law
o Child and Youth Welfare Code
 Became effective on June 10, 1975
 Amended certain portions of the Civil Code
 Rights and responsibilities of the child
 Parental authority
 Adoptions
 Rights, duties, and liabilities of parents
 Foster care
 Youth welfare
 Special categories of children
 Treatment given to youth offenders
o Muslim Code of Personal Laws
 Promulgated on February 4, 1977
 Deals with marriage, divorce, paternity and filiation, support, parental authority, civil
registry, succession, and the shari'a courts
o Labor Code
 Enacted on May 1, 1974
 Divided into seven books
 Book I - Pre-employment
 Book II - Human Resource Development
 Book III - Conditions of Employment
 Book IV - Health, Safety, and Social Welfare Benefits
 Book V - Labor Relations
 Book VI - Post-employment
 Book VII - Transitory and Final Provisions