Legal Research BORLAGDAN, ROSELLE M.

1-D

The History of Philippine Laws

The Pre-Spanish Period (before 1521)

 Early Laws

Before the arrival of the Spaniards, the Filipinos already have their own laws
which were promulgated by a datu, raja, or sultan. The early Filipinos had both
written and unwritten laws. The two known written codes in the pre-Spanish era
are the “Maragtas Code” which was said to have been written about 1250 A.D. by
Datu Sumakwel of Panay, and the “Kalantiaw Code” written in 1433 A.D. by Datu
Kalantiaw, also of Panay. The unwritten laws consisted of customs and traditions
which had been passed down from generation to generation.1 The legendary law-
giver was a woman named Lubluban, the great granddaughter of the first man and
the first woman in the world.2

During the Spanish Period (1521 – 1898)

 Spanish Colonial Government

The discovery of the Philippines by Magellan in 1521 brought the people of
the territory under the common rule of Spain. This rule lasted for more than three
hundred years, during which the abuses of the government and the friars gradually
developed a sense of unity among the natives.3 During the Spaniards’ domination,
the government of the Philippines was centralized in structure and national in
scope. The barangays were consolidated into towns (pueblos) each headed by a
gobernadorcillo (little governor), popularly called capitan, and the towns into
provinces, each headed by a governor who represented the Governor General in
the province. The powers of government were actually exercised by the Governor-
General who resided in Manila. As Governor-General, he had executive,
administrative, legislative, and judicial powers.4

1
De Leon, H. S. (2002). Textbook on the Philippine Constitution. 84 P. Florentino St., Quezon City: Rex Printing
Company, Inc. p. 10
2
Zaide, S. M. (1999). Philippine History and Government. 935 Aurora Boulevard corner Pittsburgh Street, Alforque
Building, Cubao, Quezon City: All-Nations Publishing Co., Inc. p. 39
3
Cruz, I. and C. (2014). Philippine Political Law. 927 Quezon Avenue, Quezon City: Central Books Supply, Inc. p. 3
4
De Leon, H. S. (2002). Textbook on the Philippine Constitution. 84 P. Florentino St., Quezon City: Rex Printing
Company, Inc. p. 11

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 The Judiciary
The Supreme Court of the Philippines during the Spanish times was the
Royal Audiencia which was established in 1583. It also performed functions of
executive and legislative nature. Below the Royal Audiencia, were two Territorial
Audiencias established in 1893 – one in Cebu and the other in Vigan – which
exercised appellate jurisdiction over criminal cases coming from the surrounding
territory. 5

The First Philippine Republic

 The Malolos Constitution
This Constitution was the first
democratic constitution ever
promulgated in the whole of Asia after the
proclamation of Philippine
Independence. It established a “free and
independent Philippine Republic” which
was inaugurated on January 23, 1899
with Gen. Aguinaldo as President. It was
written by Felipe Calderon y Roca and
Felipe Buencamino as an alternative to a
pair of proposals to the Malolos
Congress by Apolinario Mabini and
Pedro Paterno. The First Philippine
Republic was not recognized by the
family of nations. It was nevertheless an
organized government because it
actually existed and its authority was
accepted by the people. It existed from
January 23, 1899 to March 23, 1901.6

During the American Regime (1898 – 1946)

 Civilian Rule
The Americans first organized a military government, but consolidation of
executive, legislative and judicial authority in the military governor provoked
protests from American libertarians concerned over the non-observance of the
doctrine of separation of powers. As a result, steps were taken for the transition
from military to civil rule.7
 Organic Acts
Organic Acts were passed by the United States Congress for the
administration of the Government of the Philippine Islands. The first was the
Philippine Organic Act of 1902, which provided for a Philippine Assembly
composed of Filipino citizens. The second was the Philippine Autonomy Act of
1916, which included the first pledge of Philippine independence. These laws
served as constitutions of the Philippines from 1902 to 1935.8

5
Ibid. p. 12
6
Ibid. p. 13
7
Cruz, I. and C. (2014). Philippine Political Law. 927 Quezon Avenue, Quezon City: Central Books Supply, Inc. p. 4
8
“Evolution of the Philippine Constitution.” Retrieved from http://www.officialgazette.gov.ph

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 The 1935 Constitution

The United States Congress passed the Philippine Independence Act in

1934 which set the parameters for the creation of a constitution for the Philippines.
The Act mandated the Philippine Legislature to call for an election of delegates to
a Constitutional Convention to draft a Constitution for the Philippines. The 1934
Constitutional Convention finished its work on February 8, 1935. The Constitution
was submitted to the President of the United States for certification on March 25,
1935. It was in accordance with the Philippine Independence Act of 1934.9

The 1935 Constitution was ratified by the Filipino people through a national
plebiscite, on May 14, 1935 and came into full force and effect on November 15,
1935 with the inauguration of the Commonwealth of the Philippines.10 Among of
its provisions was that it would remain the constitution of the Republic of the
Philippines once independence was granted on July 4, 1946.

During the Japanese Occupation (1941 – 1944)

 The Japanese-sponsored Republic of the Philippines (The Second Republic)

On October 14, 1943, the so-called Japanese-sponsored Republic of the
Philippines was inaugurated with Jose P. Laurel as President. It was of the same
character as the Philippine Executive Commission.11 Like the latter, the ultimate
source of its authority was the Japanese military authority and government. 12 On
August 17, 1945, President Laurel proclaimed the dissolution of the Republic.

9
Ibid.
10
De Leon, H. S. (2002). Textbook on the Philippine Constitution. 84 P. Florentino St., Quezon City: Rex Printing
Company, Inc. pp. 21-22
11
Ibid. p. 16
12
“Principle of separation of powers” under Article VI, Section 1.

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The Third Republic

 The 1935 Constitution

This constitution served as fundamental law not only for the Commonwealth
Government which was interrupted by the Second World War but also for the
Republic of the Philippines until the “ratification” of the 1973 Constitution. 13

The Fourth Republic (1972 – 1986)

 The 1973 Constitution

This constitution established a parliamentary form of government. 14 The
1973 Constitution was effected by virtue of Proclamation No. 1102 of President
Ferdinand E. Marcos on January 17, 1973, after the declaration of martial law on
September 21, 1972.

The Provisional Constitution (1986 – present)

 The 1987 Constitution

Aquino began her term by repealing many of the Marcos-era regulations
that had repressed the people for so long. In March, she issued a unilateral
proclamation establishing a provisional constitution. This constitution gave the
President broad powers and great authority, but Aquino promised to use them only
to restore democracy under a new constitution. This new constitution was drafted
in 133 days by an appointed Constitutional Commission of 48 members and ratified
by people in a plebiscite held on February 2, 1987. 15 It was largely modelled on
the American Constitution which had so greatly influenced the 1935 Constitution.

13
De Leon, H. S. (2002). Textbook on the Philippine Constitution. 84 P. Florentino St., Quezon City: Rex Printing
Company, Inc. p. 16
14
Ibid. p. 16
15
“Constitutional History of Philippines.” Retrieved from http://www.constitutionnet.org

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The 1987 Constitution established a representative democracy with power

divided among three separate and independent branches of government: the
executive, a bicameral legislature, and the judiciary. There were three independent
constitutional commissions as well: the Commission on Audit, the Civil Service
Commission, and the Commission on Elections.16 Integrated into the Constitution
was a full Bill of Rights, which guaranteed fundamental civil and political rights,
and it provided for free, fair, and periodic elections.

16
De Leon, H. S. (2002). Textbook on the Philippine Constitution. 84 P. Florentino St., Quezon City: Rex Printing
Company, Inc.

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