LEGAL PROFESSION INTRODUCTORY LECTURE 09/03/12

PRE-SPANISH UP TO SPANISH PERIOD (up to 1898) Prior to arrival of the Spanish, Philippine Society was divided into 4 classes:     Nobles Freemen Dependents Slaves

Barangay was unit of govt  Consists of 30-40 families  Headed by a datu who exercised all acts of govt 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 Maragtas Code was supposedly promulgated by Datu Sumakwel of Panay around 1200 AD. Code of Kalantiaw was alledgedly written in 1433 AD by Kalantiaw, the 3rd Chieftain of Panay (eventually was proven to be a hoax) Muslim influence came from Indonesia. They had their own written social rules and regulations based on the precepts of the Koran. Mindanao Moros had the “Luwaran” or The Laws of Maguindanao.  Selections from old Arabic law  Translated and compiled for the guidance of Mindanao Datus, judges, panglima

The Code of Sulu  A 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, panglimas and subordinate officers of the State. March 16, 1521, Magellan “discovered” the Philippines, Spanish rule established in 1565. Spaniards were unsuccessful in suppressing the Muslims.  Muslim legal system persists to this day. The country was divided into provinces based on linguistic considerations for administrative purposes.  Barangays were gathered into pueblos  The cabeza de barangay were convened by bthe gobernadorcillo or capitan 2 kinds of laws were enforced by Spain in The Philippines  Laws of Spain governing Spanish citizens  Those enacted to govern the colonies March 22, 1897, Andres Bonifacio called for an assembly of the Magdalo and Magdiwang leaders to the Tejeros Convention The Biak-Na-Bato Constitution was approved on November 1-2, 1897  Copied from the Cuban onstitution The Biak-Na-Bato Republic ended on 15 December, 1987 with the signing of the truce agreement to suspend hostilities.

MALOLOS REPUBLIC & AMERICAN PERIOD (1898-1941) Emilio Aguinaldo returned to Cavite after a self-imposed exile in Hong Kong 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 November 29,1898.  It was the first Republican constitution in Asia, influenced by the Cartilla, Sangguniang Hukuman, Charter of the Katipunan, Biak-Na-Bato among others.  It was forwarded to Gen. Otis, US Military Governor MALOLOS CONSTITUTION  Separation of Church and State  Unicameral legislature called Assembly of Representatives  Executive power vested on the President who was elected by an absolute majority of the assembly and special representatives. No Vice Pres.  Judicial power in one Supreme Court and in other courts to be created by law. Treaty of Spain (?) (this is supposed to be Treaty of Paris... dunno where she got this...) transferred Spanish sovereignity over the Philippines to US. Philippine-American War began in February 4, 1899.  Schurman Commision sent on March 4, 1899  Taft Commission on March 13, 1900 President’s Instructions of April 7, 1900  To transform the military into a civil government

The Spooner Amendment of March 2, 1901  Gave President authority to establish a truly civil government  Established a Supreme Court, CFI’s, justice of the peace courts The Philippine Bill (Act of Congress, July 1, 1902)  Provided for the calling of a popular assembly which as convened on October 16, 1902. It chose 2 resident commissioners to the US.  Together with the Philippine Commission, the Philippine Assembly formed the Philippine Legislature  The US Congress expressly announced that the Constitution and By-Laws of the US were NOT in force in The Philippines.  The civil governor, vice governor, heads of executive departments, and members of the Philippine Commission were appointed by the President with the consent of the US Senate.  Judicial power was vested on the SC, CFIs and in the municipal courts. The CJ and Asociate Justices of the SC were appointed by the President, with the advise and consent of the Senate. 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)  Superceded the Spooner Amendment nd the Philippine Bill as the chief organic act of the Philippines  Resembled a constitution in form and content

COMMONWEALTH AND JAPANESE PERIOD (1941-1946) Tydings-McDuffie Law of 1934  a.k.a. the Philippine Independence Act of 1934  provided for the relinquishment of American sovereignty after a 10-yr transition period, which the Philippines would be under the regime of an all-Filipino Commonwealth government

1935 Constitution  the proposed constitution was submitted to Pres. Franklin Delano Roosevelt and ratified by an overwhelming majority  created a non-partisan electoral commission to decide all election contests and questions on qualifications and returns The Commonwealth Government  elections were held on November 15, 1935 with Manuel L. Quezon as President and Sergio Osmena as Vice President  the first law to be passed by the First National Assembly was the National Defense Act, under which the Philippine National Army was created  constitution was again amended in 1945 with the inclusion of “parity rights”  on January 3, 1942 the Commander-in-Chief of the Japanese Imperial Forces proclaimed Martial Law

The Japanese Occupation  Order No. 1 organized the Philippine Executive Commission, with Jorge Vargas appointed as Chairman. Its main functions were to increase fod production (for Japanese troops as well as Filipino citizens) to aid in reconstructing damaged infrastructure and t induce the guerrillas to surrender.  President Quezon was flown (?) (he fled via submarine... jeez) to Australia in March 1942  The Preparatory Commission for Philippine Independence headed by Jose P. Laurel drafted the transitory 1943 Constitution  On October 14, 1943, the (Second) Republic of the Philippines was inaugurated. After the ceremonies, the Philippine Government signed a secret pact of Alliance with Japan, allowing the Japanese to station troops in the country and to exploit the economy. 3RD PHILIPPINE REPUBLIC AND MARTIAL LAW (1946-1986)  On February 27, 1945, Gen. McArthur 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) was passed by the US Congress on April 30, 1946. o Allowed entry of Philippine articles into the US free of ordinary customs duties until July 3, 1954  Philippine Independence was proclaimed in July 4, 1946 o A corresponding executive agreement was signed by the US Commissioner McNut and President Roxas

 On August 21, 1971, the Liberal Party rally at Plaza Miranda was bombed. o Marcos suspended the writ of Habeas Corpus o Sept. 21, 1972, Pres. Marcos issued Prolamation No. 1081 placing the entire Philippines under Martial Law o He submitted the proposed Constitution for ratification  On January 17, 1973, the Chief Justice received a copy of Proclamation No. 1102 signed by Marcos, certifying and proclaiming that the Constitution has been ratified by an overwhelming majority of all votes cast by the members of all the Citizens Assemblies throughout the Philippines.  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.  October 16-17, 1976 the people ratified amendments to the 73 constitution, creating a 120-member Batasang Pambansa. EDSA REVOLUTION (1986 – PRESENT)  On August 21, 1983, Ninoy Aquino was shot to death at the Manila International Airport  Ninoy’s widow, Corazon Aquino, ran for president at the “snap” elections held lon February 7, 1986.  On February 15, 1986, the Batasang Pambansa proclaimed Marcos as President  EDSA Revolution  On February 25, 1986, Corazon Aquino was proclaimed the first woman President  Cory Aquino’s Proclamation No. 1 declared that she and her VP came into power NOT in accordance with the 1973 constitution, but “through the direct exercise of the power of the Filipino People assisted by units of the New Armed Forces of the Philippines  She abolished the Batasang Pambansa and declared a Revolutionary Government

 Provisional Constitution (a.k.a. Freedom Constitution)  The 1987 Constitution took effect on February 2, 1987 after an overwhelming affirmative vote. It framed a dtronger and more detailed Bill of Rights and enhanced checks and balances against abuse of governmental powers. CURRENT LEGAL SYSTEM  The most impt. Law is the organic act  There are also statutes which are enactments of the legislative  Administrative acts 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  Without such agreement, they are merely considered as Executive Agreements  Admin rules and regulations issued by Heads of Depts or other agencies lof government are issued for the effective enforcement of laws within their jurisdiction  Decisions of the SC bind the lower courts and are likewise the 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.

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