Spanish Period (1521-1898)

The Spanish period can be traced from the time Magellan discovered the Philippines
when he landed on Mactan Island (Cebu) on March 16, 1521.

Royal decrees, Spanish laws, and/or special issuances of special laws for the Philippines
were extended to the Philippines from Spain by the Spanish Crown through the councils.

The chief legislator is the governor-general who exercises legislative functions by

promulgating executive decrees, edicts or ordinances with the force of law.
The Roya l Audencia, or Spanish Supreme Court, in the Philippines also exercised
legislative functions when laws are passed in the form of autos accordados . Melquiades
Gamb oa , in his book entitled “ An Introduction to Philippine Law ” (7th ed, 1969), listed
the most prominent laws in this period: Fuero Juzgo, Fuero Real, Las Siete Partidas,
Leyes de Toros, Nueva Re copi lacion de las Leyes de Indias and the Novisima
Recopilacion . Some of these laws were also in force in other Spanish colonies.

Laws in force at the end of the Spanish rule in 1898 are as follows: Codigo Penal de 1870,
Ley Provisional para la Aplicaciones de las Dispociciones del Codigo Penal en las Islas
Filipinas, Ley de Enjuciamento Criminal, Ley de Enjuciameniento Civil, Codigo de
Comercio, Codigo Civil de 1889, Ley Hipotecaria, Ley de Minas, Ley Notarial de 1862 ,
Railway Law of 1877, Law of Foreigners for Ultramarine Provinces and the Code of
Military Justice. Some of these laws remained in force even during the early American
period and/or until Philippine laws were promulgated.

In between the Spanish and the American period is what Philippine historians consider
the first Philippine Republic. This was when General Emilio Aguinaldo proclaimed the
Philippine Independence in Kawit, Cavite on June 12, 1898. The Malolos Congress also
known as Assembly of the Representatives, which can be considered as revolutionary in
nature, was convened on September 15, 1898.

The first Philippine Constitution, the Malolos Constitution was approved on January 20,
1899. General Emilio Aguinaldo was the President and Don Gracio Gonzaga as the Chief
Justice. A Republic, although with de facto authority, was in force until the start of the
American Sovereignty when the Treaty of Paris was signed on December 10, 1898.