History of Philippine Legislation

AMERICAN PERIOD TO COMPUTERIZED LEGAL RESEARCH

SERVICES
PAGES 131 - 149

FINISH WHAT YOU START

The American Period
Treaty of Paris of 1898
◦Ratified on April 1, 1898
◦Ended Spanish sovereignty in the Philippines
◦The Beginning of American Occupation
◦Military Government by the U.S. Army
◦Discharged legislative functions by issuing “general
orders”

FINISH WHAT YOU START

The American Period
April 7, 1900
◦Pres. McKinleys Instructions, vested legislative powers to
the Second Philippine Commission
◦Later ratified by US Congress in the Philippine Bill of 1902
and the legislative powers of the military government
were transferred to the Commission.

FINISH WHAT YOU START

The American Period
September 18, 1902
◦ The Philippine Commission certified to the US President that the
insurrection had ceased in the Philippines.
March 28, 1905
◦ The census was completed.
July 30, 1907
◦ The elections for seats in the Philippines Assembly were held.

FINISH WHAT YOU START

The American Period
October 16, 1907
◦ The Philippine Assembly and Philippine Commission convened.
◦ The Philippine Legislature was formed with the authority to
legislate for all parts of the Philippines.
◦ The commission was the only legislative body.
◦ The passage of Philippine Bill act (the Philippines was under
control by Congress)
◦ Regulation and control of public funds.
◦ Mining, forests, commerce, franchises
◦ Municipal bonds and Bill of Rights
FINISH WHAT YOU START
The American Period
1907
◦Legislative power vested in the Philippine Commission had
ceased.
◦It then vested in a Bicameral Legislature
◦ Consists of the Philippines Commission and Philippine Assembly.
◦ The assembly composed of 81 members elected by the Filipino
People for a term of two years.
◦ Legislative proceedings were published in the Diario de Sesiones.

FINISH WHAT YOU START

The American Period
1907
◦Legislative power vested in the Philippine Commission had
ceased.
◦It then vested in a Bicameral Legislature
◦ Consists of the Philippines Commission and Philippine Assembly.
◦ The assembly composed of 81 members elected by the Filipino
People for a term of two years.

FINISH WHAT YOU START

The American Period
1916
◦The Philippine Autonomy Act was enacted.
◦Established a bicameral legislature.
◦The Philippine Assembly would become House of
Representatives.
◦ Composed of 81 members.
◦ Elected by the people for a term of three years.
◦The Commission would become the Philippine Senate.
◦ Compose of 24 members representing 12 senatorial districts.
◦ Elected by the people for a term of six years (except those
represented by non Christian)
FINISH WHAT YOU START
The American Period
October 16, 1916
◦Inauguration of the Philippine Legislature.
◦Manual L. Quezon as Senate President.
◦Sergio Osmena as Speaker of the House.

FINISH WHAT YOU START

The American Period compilation
of Laws.
1903, El Regimne Municipal de las Islas Filipinas.
1908, Compilation of Acts of the Philippine Commission.
1910, Manual del ciudadano Filipino.
1912, Manual de procedimiento y reglas
parliamentarias.
1916, Government of the Philippines Islands.
1919, Reperto de legislacion Filipina.
FINISH WHAT YOU START
 The American Period compilation
of Laws & Regulations..
1920, Comparative Constitutional Law.
1921, Public Lands in the Philippine Islands
1922, Election Law
1923, Legal and Judicial Ethics.
1927, Malcolm’s Revised Ordinances.
1930, Batas sa Halalan.
1932, Philippine Government and Administrative Law and
Practice.
FINISH WHAT YOU START
 The American Period compilation
of Laws.
1934, Appreciation of Ballots.
1937, Internal Revenue Laws.
1940, Election Law
1900-1935, there were 4,275 laws passed by Philippine
Legislature.
Volume 31 of Public Laws
◦ complete list of all amended and repealed acts.
◦ Most valued book in the collection
FINISH WHAT YOU START
 The American Period compilation
of Laws.
The statutes contained in 31 volume set, Public Laws.
1. Numerical list of acts.
2. List of amended or repealed acts.
3. Text of acts.
4. List of codes, general orders, executive orders.
5. Appendices of executive orders and
proclamations, resolutions, and acts of U.S.
Congress.
FINISH WHAT YOU START
The Commonwealth Period
1935 Constitution.
◦the legislative body was reverted to Unicameral National
Assembly.
1940
◦The bicameral legislature was restored thru
constitutional amendments.
Legislative proceedings were published in the
Congressional Record.
FINISH WHAT YOU START
The Commonwealth Period
Commonwealth Era.
◦733 statutes were enacted.
◦Public Laws of the Commonwealth (412 acts in
2 volumes)
◦The publication was interrupted by war in 1940.

FINISH WHAT YOU START

The Japanese Period
1943 Constitution
Unicameral legislature as the National Assembly
◦Headed by the Speaker
◦Composed of Provincial governors and city mayors
as ex-officio members and the delegates to be
elected every three years.
◦One for every province and chartered city.
FINISH WHAT YOU START
The Japanese Period
◦Some laws were published in the Official
Gazette.
◦October 23, 1944, the 1943 Constitution
was declared null and void by proclamation
of Gen. MacArthur.

FINISH WHAT YOU START

The Period After Independence
◦Civilian Government was restored.
◦6,635 Republic Acts were legislated by
bicameral congress from July 4, 1946 to Sept.
21, 1972.
◦Stored in the government publication, Laws
and Resolutions.
◦The Official Gazette also publishes the texts of
prominent statutes.
FINISH WHAT YOU START
The Martial Law Period
◦Cited as Presidential Decree No. 603 (1975)
◦ 2,036 Presidential decrees were promulgated as of February 20,
1986, issued in loose-leaf mimeograph form.
◦Cited as Batas Blg. 80 (1981)
◦ 891 Batas (Legislative Acts) were passed by the Batasang Pambansa
as of February 1, 1986.
◦1973 Constitution
◦ Parliamentary System of government to replace the Presidential
system of government under the 1935 constitution.

FINISH WHAT YOU START

Aquino’s Revolutionary
Government.
◦1986, Corazon Aquino was installed as President
by People Power.
◦She dumped the 1973 Constitution.
◦Promulgated the 1986 provisional constitution.
◦Legislative powers by using Executive Orders.
◦302 Executive orders were issued from February 25,
1986 to July 26, 1987.
FINISH WHAT YOU START
The Laws Issued by Martial Law of Marcos
and Revolutionary Government of Aquino.
1. CBSI, Vital Legal Documents in the New
People’s Government.
2. Vital Legal Documents in the New
People’s Government
3. Vital Legal Documents (Second Series)

FINISH WHAT YOU START

Period Under the 1987
Constitution
◦The Bicameral Congress was Restored.
◦Senate and House of Representatives as the
legislature.
◦2,503 laws were enacted, from RA 6636 to RA
9139.

FINISH WHAT YOU START

Publications on Philippine
Statutes, In General
Official Gazette contains the following:
◦Legislative acts and resolutions of the
legislature.
◦Executive orders.
◦Supreme court decisions.
◦Administrative orders and regulations.

FINISH WHAT YOU START

 Publications on Philippine
Statutes, In General
Secondary Sources:
◦Guevara, Public Laws Annotated
◦Jacobo & Sons, Public Laws of the Commonwealth.
◦Moran’s Index to Republic Acts.
◦The Philippine Annotated Laws.
◦Aguirre, Subject & Title Index to Executive Orders.

FINISH WHAT YOU START

Summary of Philippine
Legislation
◦Legislation in the Philippines (1900-2001)

◦List of Codes Enacted by the Philippine

Legislatures.

FINISH WHAT YOU START

Administrative Rules and
Regulations
◦Executive orders, administrative orders and
proclamations are published in the Official Gazette
and in the Public Laws as appendices.

FINISH WHAT YOU START

Administrative Rules and
Regulations
Executive Orders.
◦Acts of the President providing for rules of a general
or permanent character in implementation or
execution of constitutional or statutory powers shall
be promulgated in executive orders.
◦e.g. Executive Order No. 179, s. 2015
◦ Signed on March 18, 2015: Providing the administrative
guidelines for the inventory and privatization of Coco Levy Assets.

FINISH WHAT YOU START

 Administrative Rules and
Regulations
Executive Proclamations.
◦Acts of the President fixing a date or declaring a status or
condition of public moment or interest, upon the existence
of which the operation of a specific law or regulation is made
to depend, shall be promulgated in proclamations which
shall have the force of an executive order.
◦e.g. Proclamation No. 1128, s. 2015
◦ Signed on September 15, 2015: Declaring Friday, 25 September 2015, as a
regular holiday throughout the country in observance of Eid’l Adha (Feast of
Sacrifice)
FINISH WHAT YOU START
Administrative Rules and
Regulations
Administrative Orders.
◦Acts of the President which relate to particular aspects
of governmental operations in pursuance of his duties
as administrative head shall be promulgated in
administrative orders.
◦e.g. Administrative Order No. 41, s. 2014
◦ Signed on March 3, 2014: Creating an Inter-Agency Committee for
the formulation and implementation of the guidelines on giving
governmental assistance to Overseas Filipino Workers in distress.
FINISH WHAT YOU START
Administrative Rules and
Regulations
◦Government Agencies grouped together in
accordance with their power and functions:
◦Agencies with Implied quasi-legislative powers
◦Agencies with express quasi-legislative powers.
◦Publications on Administrative Rules and Regulations

FINISH WHAT YOU START

Administrative Rules and
Regulations
Agencies with Implied quasi-legislative
powers
◦They issue administrative rules and regulations to
properly discharge the functions of their agency
which have not been directed by law.
◦E.g. Bureau of Prisons, NBI, DSWD.

FINISH WHAT YOU START

Administrative Rules and
Regulations
Agencies with express quasi-legislative
powers.
◦They are authorized by law to promulgate
implementing rules and regulations.
◦E.g. GSIS, DOLE, BIR.

FINISH WHAT YOU START

 Administrative Rules and
Regulations
Publications on Administrative Rules and Regulations
◦Official Gazette
◦ Orders, rules and regulations are published.
◦ Those imposing penalty for their violation are also published before
they become effective.
◦National Administrative Register.
◦ Contains rules and regulations, circulars, memoranda and other
official issuances by different government agencies

FINISH WHAT YOU START

 Administrative Rules and
Regulations
Publications by particular administrative agencies:
◦Civil Service Commission – e.g. Omnibus Rules on Leave.
◦SEC – e.g. Bulletin.
◦Central Bank – e.g. financial journal.
◦DOLE, DAR, DOJ – e.g. rules & regulations, circulars.
◦Dangerous Drugs Board – e.g. regulations
◦Board of Investments – e.g. regulations
◦Office of the Insurance Commission
FINISH WHAT YOU START
Ordinances Enacted by
Autonomous Region
◦Created by the 1987 Constitution
◦Legislative assemblies of the these region:
◦They enact ordinances to govern the region.
◦Create administrative agencies to operate in the
regions.

FINISH WHAT YOU START

Ordinances Enacted by Local
Government Units
◦Local Government Units:
◦Provinces
◦Cities
◦Municipalities
◦Barangays
◦The above units have the lawmaking powers to
pass ordinances of local interests only.
FINISH WHAT YOU START
Ordinances Enacted by Local
Government Units
◦Local ordinances is legally ineffective if inconsistent
with statutes enacted by Congress.
◦The Local Government Code of 1991 provides:
◦General welfare clause.
◦Empowers local government to enact and implement
measures for the general welfare.
◦Ordinances for Penal Sanctions.
◦Proper posting and publication must be observe.

FINISH WHAT YOU START

Computerized Legal Research
Services
Early computerized legal research services:
◦Lex Libris
◦Philjur
Online legal research services in website:
◦http://www.chanrobles.com/
◦http://www.lawphil.net/
FINISH WHAT YOU START