Professional Documents
Culture Documents
1. UNIT of GOVERNMENT
Prior to the arrival of the Spaniards, the Philippines was composed of settlements or
villages, each called barangay.
Barangay is named after balangay, a Malaysian word meaning ―boat‖
It consists of more or less 100 families.
It was virtually a state, for it possessed the four basic elements of statehood.
Some joined together as ―confederations‖ mainly for the purpose of mutual protection
against common enemies.
2. DATU
Each barangay was ruled by a chief called datu in some places, and rajah, sultan, or hadji
in others.
The datu was the barangay’s chief executive, lawgiver, chief judge, and military head.
He was assisted usually by a council of elders (maginoos) which served as his
advisers.
One could be a datu chiefly by inheritance, wisdom, wealth, or physical prowess.
In form, the barangay was a monarchy with the datu as the monarch.
4. EARLY LAWS
Written Laws
— Promulgated by datus
— The two known written are the Maragtas Code and the Kalantiaw Code.
Maragtas Code
was said to have been written about 1250 AD by Datu Sumakwel of Panay
Kalantiaw Code
Written in 1433 AD by Datu Kalantiaw of Panay
Unwritten Laws
— consisted of customs and traditions which had been passed down from generation to
generation
5. The JUDICIARY
Royal Audiencia (1583)
It is the Supreme Court of the Philippines during the Spanish times.
Its decision was final except on certain cases of great importance which could be
appealed to the King of Spain.
It performed functions of executive and legislative nature.
Territorial Audiencias (1893)
It is below the Royal Audiencia
There were two territorial audiencias: one in Cebu and the other in Vigan
It exercised appellate jurisdiction over criminal cases coming from the surrounding
territory.
In 1886, courts of first instance with both civil and criminal jurisdiction were
established in the provinces.
At the bottom of the judicial system were the justice of the peace courts which were
established in the different towns in 1885.
There were special courts:
Military and Naval courts — Had jurisdiction over military defenses
Ecclesiastical courts — Had cognizance of canonical matters and ecclesiastical
offenses
Treasury and Commercial courts
Merits
The Spanish rule was generally mild and humane.
— The Filipinos were not brutalized.
— Spaniards and Filipinos intermarried and mingled socially.
— Slavery and tribal wars were suppressed.
It brought about the unification of the Filipino people.
— The diverse tribes were molded into one people, under one God, under one King,
and one government.
— The spirit of nationalism blossomed.
It uplifted the Filipinos from the depth of primitive culture and paganism.
— blessings of Christianity and European civilization
The Katipunan was the first clear break from Spanish rule with the ultimate goal to
establish a free and sovereign Philippines.
It was replaced by another government headed by Gen. Emilio Aguinaldo.
— Tejeros Convention on March 22,1897
1. Under Joint Resolution No. 93, the President of the United States was authorized to proclaim
the independence of the Philippines prior to July 4, 1946, after the Japanese had been
vanquished and constitutional processes in the country restored.
The Republic of the Philippines was formally inaugurated on July 4, 1946 with Manuel A.
Roxas as the first President and Elpidio Quirino as the first Vice-President.
They also served as the last Commonwealth President and Vice-President.
The 1935 Constitution served as the fundamental law not only for the Commonwealth
Government which was interrupted by World War II but also for the Republic of the
Philippines until the ratification of the 1973 Philippine Constitution establishing a
parliamentary form of government, 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.
2. The First Republic was established on January 23, 1899 under the Malolos Constitution; the
Second, on October 14, 1943 under the Japanese-sponsored Constitution, and the Third, on
July 4, 1946 under the 1935 Constitution.
President Ferdinand E. Marcos, in his inaugural address on June 30, 1981, proclaimed
the birth of the Fourth Republic under the 1973 Constitution which, as amended in a
plebiscite on April 7, 1981, installed a modified parliamentary system of government,
thus making him its first President.
The present Republic came into being upon the ratification of the 1987 Constitution on
February 2, 1987.
Before Corazon C. Aquino took her oath of office on the morning of February 25, 1986 at Club
Filipino, San Juan, Metro Manila, the last day of a four-day ―people power‖ revolt (Feb.22-25)
that culminated in the ouster of President Ferdinand E. Marcos, she read Proclamation No. 1
wherein she declared the she and her Vice-President were ―taking power in the name and by the
will of the Filipino people.‖ In her oath, she swore to preserve and defend the ―fundamental law‖
and execute ―just laws.‖
1. REVOLUTIONARY
The government was revolutionary because it was instituted not in accordance with the
procedure provided in an existing Constitution.
It derived its existence and authority directly from the people themselves and not
from the then operating 1973 Constitution.
2. DE JURE / DE FACTO
de Jure
It is constituted or founded in accordance with the existing constitution of the state
(according to law)
de Facto
It is not so constituted or founded but has the general support of the people and
effective control of the territory over which it exercises its powers.
A de facto government acquires a de jure status when it gains wide acceptance from the
people and recognition from the community of nations.
4. DEMOCRATIC
The provisional government was claimed to be democratic because it was installed by
direct action of the people as a direct expression or manifestation of their sovereign will.
It was based on the consent of the governed or the approval of the people.
5. POWERS
A revolutionary government, being a direct creation of the people, derives its powers
from the people to whom alone it is accountable.
It is said that it is clothed with unlimited powers because it makes its own laws; ―it is
a law unto itself.‖
However, with the adoption of the Provisional Constitution, it opted to abide with and to
subject itself to the provisions thereof, pending approval of a new charter.