What are the first laws in the Philippines?

The first known laws in the Philippines are attributed to the Code of Kalantiaw, although its authenticity is debated. During Spanish colonization, the Leyes de Indias served as a key legal framework in the Philippines. The Spanish Civil Code of 1889 was later applied, shaping the modern Philippine legal system.

The First Recorded Laws in the Philippines

The first recorded laws in the Philippines date back to the pre-colonial period, long before Spanish colonization. Over time, the legal system in the Philippines has undergone significant transformation due to various foreign influences, primarily from Spain and the United States. The early recorded laws include the Code of Kalantiaw and the Spanish Laws (Leyes de Indias), which played a crucial role in shaping the Philippine legal landscape.

Code of Kalantiaw

Establishment and Origin: Allegedly established by Datu Kalantiaw in the 1430s.
Provisions: Included 18 laws which dictated various punishments for crimes, ranging from theft to adultery.
Controversies: Historians and scholars debate its authenticity, with many regarding it as a fabrication.

Spanish Laws (Leyes de Indias)

Formation: Established between the 16th and 18th centuries by various Spanish monarchs.
Scope: Covered a wide range of issues, including governance, economic policies, and the treatment of indigenous populations.
Impact on the Philippines: The Laws of the Indies were the basis of governance in the Philippines under Spanish rule, deeply influencing the political and social systems of the country.

The Impact of Spanish Colonization on Philippine Law

Spanish colonization had a profound and lasting impact on Philippine law and society. For more than three centuries, from the late 16th century until the end of the 19th century, the Philippines was a colony under Spanish rule. During this period, Spanish authorities implemented a variety of laws and regulations that deeply influenced the legal, social, political, and cultural aspects of life in the Philippines. Two key components of this legal legacy are the Royal Decrees and Orders and the Spanish Civil Code.

Royal Decrees and Orders

These decrees and orders directed the civil, political, and ecclesiastical life of the colony, establishing a complex bureaucratic system that answered to the Crown.

Formation and Scope: Spanish monarchs issued these decrees to guide the administration of the colonies, including the Philippines. These decrees covered a wide array of issues, from governance and administration to trade and indigenous rights.
Implementation and Enforcement: Spanish colonial officials, notably the Governor-General, were responsible for enforcing these decrees in the Philippines.
Impact on Philippine Society: These decrees heavily influenced the structure of government and society, often prioritizing Spanish interests and relegating indigenous people to a subordinate status. They played a significant role in shaping the Philippines’ colonial history.

The Spanish Civil Code

The Spanish Civil Code was a comprehensive legal framework that governed civil matters in Spain and its colonies, including the Philippines. Introduced in the Philippines in 1889, the Spanish Civil Code had significant implications for property rights, family law, and contractual relations in the colony.

Introduction and Adoption in the Philippines: The Spanish Civil Code became operative in the Philippines in 1889. It superseded the diverse customary laws and regulations that were previously in place across different regions of the archipelago.
Contents and Provisions: The Code covered various aspects of civil law, including personal rights, property, contracts, and family law. It established a unified legal system based on Spanish civil law traditions.
Legacy and Continuation: Even after the Spanish colonial period ended, several provisions of the Spanish Civil Code continued to influence Philippine law. The modern Civil Code of the Philippines, enacted in 1950, drew heavily from this Spanish legal tradition.

The American Era and the Introduction of Commonwealth Laws

The American Era marked a significant chapter in the history of the Philippines. Following the Spanish-American War, the United States acquired the Philippines from Spain and established a new colonial government. This period saw the introduction of various laws that sought to define the relationship between the Philippines and the United States, as well as establish a path toward Philippine self-governance. These major laws included the Philippine Bill of 1902, the Jones Act of 1916, and the Tydings-McDuffie Act of 1934.

The Philippine Bill of 1902

The Philippine Bill of 1902, also known as the Organic Act of 1902, was a basic law for the Philippines enacted by the United States Congress. It aimed to establish a civil government in the Philippine Islands.

Key Provisions: The Act provided for the creation of a bicameral Philippine Legislature with an elected lower house, the Philippine Assembly, and an appointed upper house, the Philippine Commission. It also established a bill of rights for the Filipino people and outlined qualifications for public office.
Significance: This Act marked the replacement of military rule with civil government in the Philippines and granted the Filipinos a degree of self-governance.
Controversies: The Act placed significant political power in the hands of American officials, sparking criticism and calls for greater autonomy from Filipinos.

The Jones Act of 1916

The Jones Act, formally known as the Philippine Autonomy Act of 1916, was a significant step toward Philippine self-governance. It was the first formal declaration by the United States of its commitment to grant independence to the Philippines.

Key Provisions: The Act established the Philippine Senate to replace the appointed Philippine Commission, making the Philippine Legislature entirely elective. It also stated the United States’ intention to withdraw its sovereignty over the Philippines and grant the islands independence.
Significance: The Jones Act was seen as a major stride towards full independence, as it recognized Filipinos’ capacity for self-governance and made the Philippine Legislature a fully elected body.

The Tydings-McDuffie Act of 1934

The Tydings-McDuffie Act of 1934, also known as the Philippine Independence Act, was a U.S. law that established the process for the Philippines to become an independent country after a ten-year transitional period as a Commonwealth.

Key Provisions: The Act provided for the establishment of the Commonwealth of the Philippines with its own Constitution, and set a date for Philippine independence, ten years after the inauguration of the Commonwealth.
Significance: This Act laid the foundation for the modern Republic of the Philippines, as it established a clear path and timeline for Philippine independence.
Impact: The Commonwealth Period was a critical era in Philippine history that allowed for the development of political institutions in preparation for full independence. Visit the Tydings-McDuffie Act page for more information.

Establishment of the Republic and the 1946 Constitution

The establishment of the Republic of the Philippines was a significant milestone in the country’s history. On July 4, 1946, the Philippines officially became a sovereign state, marking the end of American colonial rule. A key element of this transition was the creation and adoption of the 1946 Constitution, which served as the fundamental law of the newly independent nation.

Transition to Independence

The transition to independence was a monumental process that began with the passage of the Tydings-McDuffie Act of 1934 by the United States, which promised the Philippines full independence after a ten-year transitional period.

Preparation for Self-Governance: During the Commonwealth period (1935-1946), the Philippines had a semi-autonomous status, allowing it to prepare for full sovereignty.
Impact of World War II: The transition was interrupted by World War II, during which the Philippines suffered greatly under Japanese occupation. The war delayed the planned independence and left the country with the immense task of rebuilding.
Proclamation of Independence: On July 4, 1946, the Philippines was officially recognized as a sovereign nation, with ceremonies held in Manila. The United States formally relinquished sovereignty, making the Philippines the first republic in Asia.

Features and Provisions of the 1946 Constitution

The 1946 Constitution, also known as the Commonwealth Constitution, was the fundamental law of the Philippines from 1935 until the adoption of the 1973 Constitution. Despite the change in political status from a Commonwealth to an independent Republic in 1946, the Constitution remained largely the same.

Structure of Government: The 1946 Constitution provided for a tripartite system, consisting of the Executive, Legislative, and Judicial branches, modeled after the United States Constitution.
Bill of Rights: One of the notable features of this Constitution was the inclusion of a Bill of Rights, which outlined and guaranteed fundamental freedoms and rights to the Filipino people.
National Sovereignty and Territorial Integrity: The Constitution asserted the sovereignty of the Filipino people and defined the national territory of the Philippines.
Amendment Process: The Constitution could be amended by a special national assembly, a constitutional convention, or by a majority vote in a national referendum.
Legacy and Criticisms: While the 1946 Constitution established democratic institutions and protections for civil liberties, it was also criticized for retaining a political structure that was heavily influenced by American models, which some argued did not fully reflect Filipino culture and society.

Evolution and Amendments of Philippine Law

The legal system of the Philippines has undergone significant transformations throughout its history.

The 1973 Constitution

Context and Enactment: This Constitution was adopted during the martial law era declared by President Ferdinand Marcos. It was presented as a move toward reform, aimed at creating a “New Society” free of old power structures and corruption.
Key Features: The 1973 Constitution introduced a shift from a presidential to a parliamentary government, consolidating significant power in the hands of the President. It also allowed for a unicameral National Assembly and the creation of autonomous regions in Mindanao and the Cordilleras.
Controversies and Martial Law: The Constitution was controversial for its association with the authoritarian regime of Ferdinand Marcos, who used it to extend his rule.

The 1987 Constitution

Context and Ratification: After the People Power Revolution in 1986, President Corazon Aquino established a Constitutional Commission to draft a new constitution. The 1987 Constitution was ratified by a wide margin in a national plebiscite in February 1987.
Key Features: The 1987 Constitution re-established a presidential system of government with a bicameral legislature and an independent judiciary. It contains strong provisions on human rights and established constitutional commissions as additional checks on government power.
Significance and Enduring Legacy: The 1987 Constitution has endured as the fundamental law of the land and is regarded as a landmark document that restored democratic institutions in the Philippines. It also contains provisions that aim to rectify social and economic imbalances in the country.

The Legacy of the First Laws in Modern-Day Philippines

The first laws of the Philippines, established under various rulers and colonial powers, have left an enduring legacy on the nation’s modern legal system. This legacy is visible in the structure of the government, the principles underlying the country’s constitutions, and in the daily practice of law throughout the archipelago.

Reforms and Developments

The Philippines’ legal system has continually evolved, informed by the nation’s history and responding to the changing needs of Filipino society.

Codification of Laws: Much like the early codes such as the Code of Kalantiaw, modern Philippine law involves a codification of laws. The Revised Penal Code and the Civil Code of the Philippines are examples of such codified law.
Human Rights Focus: The painful experiences under authoritarian rule, notably during the martial law era, have led to a strong focus on human rights in contemporary Philippine law, enshrined in the 1987 Constitution.
Decentralization and Local Governance: Inspired partly by early indigenous systems of governance, the Philippines has moved towards decentralization through the Local Government Code of 1991, empowering local government units with more authority and autonomy.

Comparison with Contemporary Legal Systems

The legal system of the Philippines is unique but shares similarities and differences with other contemporary legal systems, rooted in its complex history.

Mixed Legal System: The Philippines operates under a mixed legal system. It involves elements of civil law (from its Spanish period), common law (from its American period), and indigenous and Islamic law (reflecting the diverse cultures within the archipelago).
Influence of Spanish and American Periods: The Philippines’ legal system still bears the imprint of Spanish civil law due to more than three centuries of Spanish colonization, as well as American common law traditions from the American colonial period.
Islamic Law in the South: In certain parts of Mindanao, Islamic law plays a significant role, particularly in personal and family matters among the Muslim population, acknowledging the country’s diverse cultural makeup.