1 LEGAL RESEARCH Ownership (contracts were given as one faction with this draft, as well as deep ecated regions, again caused the project to be pigeonhojers On 2 February 1880, another royal decree tion, and this time the composition of the Ca al ibers representiy a Bae ing Cataluna, ao the its distlatin, al treet nto law, Baton 11 May 188 basen ed fiat. The draft of the Code having been completed by the Cate Commission, a royal decree of 6 October 1888 ordained the publiea. tion thereof. On 11 February 1889, it was decreed that the new Code would take effect that the new Code would take effect on 1 May of that year, but it was actually on 24 July 1889 that the definitive text of the Code was promulgated. Spain had a Civil Code. This code was based primarily on the Code Napoleon, although the defects of the latter were remedied and some of its provisions improved. The code was also based on the provisions of prior com- pilations. The Civil Code, with the exception of the portion relating to ‘marriage, was extended to the Philippines by royal decree in 1889. (2) Laws Specially Enacted for the Colonies ons and supplementary leg devised to meet the requirements ta deviation from the law that STATUTORY LAW 13 4) Legislation for the Colonies referring to put tion and promul the king, the eo without mentioning those that derived their authe concordats and international councils. ‘The laws for the government of the colonies were enacted in Spain and were transmitted in the form of royal cedulas (orders ‘emanating from superior tribunals, in the name and by the author- ity ofthe king); ordenamientos, pragmaticas (orders emanating from the king, differing from cedulas arta abierta (open letter equivalent to & me privileges or petitions to someone, although directed to all without distinetion), legislation proper was used as a ‘general, the private law of the I veo Thee a at wan pnd was ta of eden dedi cudenci te Meio Ii xd to hy a ote har aie Um ype exon e158 ‘1552, a similar collection of laws was made by order of Antonio de eeeof LEGAL RESEARCH In 1560, Philip II had ordered a general codi fated laws were to be excluded, conflicting provisions reconciled and the gaps filled by the new provisions. To obtain information as tothe records of the Council of the Indies, Juan de Ovando com- pared about two hundred volumes, abstracting lay decrees, ordinances, and proposed to put this le compile, yet the first title (relating to the Council and its ordinances) alone was printed in 1598, This w. sing ofthe Recopilacion of the Indies. @ The Codigo Ovandino Inhi honor, the compilation was called the Codigo Ovandino, | was also otherwise known as the Recopilacion de las Leyes de Indias. It was promulgated by Philip II in a royal decree in 1570 tad sent to the different viceroys and audiencias to be carried into ‘feet. Before the death of Ovando (1575), Alonso de Zorita pre ‘ered a compilation of the laws of the Indies in 1574. Zorita had ‘ald the office of judge in the audiencias of Santo Domingo, Guate- "ala and Mexico for twenty years. Also, hearing on the royal cedula ‘er twenty years. Daring the years , it seemed that Diego de Encinas, inte feof the king secretary, was naruto make “sil provisiones, cartas, cedulas, ete. dispatched pr ft 1886 Diego de Zorrla continued the work of Encinas, adding © ‘Siston of cedulas of more recent date, but he left the ‘Tanvscript and incomplete. ‘starvToRy Law 125 Hernando de Villagomez, a member of the Council of an to cor ©) General Compilation by Aguilar y Acuna and Pinelo ‘The work on the general compilation was continued by Rodrigo de Aguilar y Acuna who proposed, in collaboration with the ent ofthe council, to finish the compilation, and whi ith the royal decrees and the civil {nto parts. The first part was ready and published as Sumarios in 1628. The ord pilation alone. According to his own dec ‘more than ten years on the preparatio: 1624 to 1684. In 1634, he presen ten thousand laws taken from thirty thousand cedulas and royal ordinances more than two hundred thousand of which he read in the original ‘The work on @ seat sinand was pnolated by a ere of May a etacatit We pith. wea as Gear et asthe Rcplacion de Layer de los Reyna de Ios,‘yde hermandad), and m an ethics dealt with the iards. sources 80 that questions not full subsequent decrees were to be decided in accordance with the gen- ‘ral laws of Spain. It was not a complete compilation for the gov- Indies was No distinction had been made between laws and admi ‘acts of a temporary nature. The result was a digest enactments for the political, military and fiscal admi the colonies. g) Compilations Subsequent to the Recopilacion ‘The Recopilacion de las Indias is regarded as the basic collec- tion of the laws and regulations prior to the year 1660. Fora leer period, Belona made a compilation which reproduced the requis: tions in extenso. Belena also ‘re‘published all the cedulas and de- crees promulgated from 1528 to 1677 col scted pred Montemayor, adding to them those that had appeared fm 17 1680. Belena’s work did not receive ofl ction, but it usually cited as authoritative. Covering there is also the chronological com X, Peres y L208 which contains uncollected material hensive work of Zamora y Coronada, STATUTORY LAW az tof Miguel de 1a Guardia, Among the other publications of Evaluation of the Laws in the Philippines During the Spanish Period : ‘John Bowring in his book A Visit to the Philippine Islands, 3000 had thls to ay on the tee of th Philippe daring the the evil genii of discord and disputation.” (4) Materials on the Spanish Laws ra cial repositories of Spanish laws are the several edi by governmental organs and by private persons thority. Statutes and royal decrees making them Oficial ‘aforemen- the Supreme pplication and under roy ‘effective in the Philippines are contained in the Tn Wenceslao &. Retanas five-olume work (1895: tled “Archivo de Biblioflo Filipino,” his short catalog vette included flies of royal decrees and orders, an codes Codigo Penal de Filipinas y Ley Provisional sobre la aplicocin de la diprtiones del mismo por el "Faro Juridica” tol direc de Joe Maria Peres Rubi, Manila.)LEGAL RESEARCH s codigo Comercio para las Islas Fit aay Imprint de R. Moreno y Rojas, Codigo Penal, Librong qui ipinas y dem fpinas y demas Archi. inilaloan sa mga casalanan nang manga sms mts io, Manila" aa wundalo (Maa ») Secondary Materials Tie rich source of secondary materials on Spanish Laws com: fran the accepted Spanish commentators, namely: “come 1» Civil Law: Manrese, Commentarios al Codigo Civil Espanol; Castan ‘pbenas, Derecho Civil Espanol, Comun y Foral: Valverde, ‘hatado de Derecho Civil Espanol; Mucius Scacvola, Codigo Gri, Concordado y Commentado; Sanchez Roman, Estudios Navarro Amandi, Custonario del Codigo srecho Civil Espanol Comun; Bonet, Derecho nes; De Castro y Bravo, 0 Civil de pana; Puig Pena, Tratado de Derech Espanol; De Digg, Curso Elemental de Derecho Civil Espanol, Commun Floral; Espin Canovas, Manual de Derecho Ci De Diego, Institucione: Maranon, Leyes Civiles de Espana; pitant, Curso Hemental del Derecho Civil; and P! Practico del Derecho Civil. 9) Commercial Law: ly Benito, Derecho Mercantil; Blanco, Derecho Mercatt® ‘hate, Tratado de Derecho Mercantil; Behevarri, Codie —_ ta, Ra “pit Lagel Materials, Masi Sean foil Main, A Guide to Philippine StaTuon Law 129 Menttele: Gay de Monta, Tratado Practco de Sociedades les; Alva xia », Codigo de Comereio; Danjon, Derecho Maritimo; Farina, Derecho Comerical Maritimo.” ‘of Spain acting through ita couneil, legislator was a governor general who was300 LEGAL RESEARCH Congress is best re- jon. The functions and 1. To wateh over the inte 2 To carry out the revol upon said laws; laws and discuss the vote 3. Te discuss and approve the accou eee by the Secretary of Finance, as well as euentnad and other taxes which may be hereafter imposed.” 7 ee eT eee aus Soe Par ae in ening ef try’ elite — the i ls and the wealthy — to join the revolu- tion. Secondly, the creation of a representative government was jee a ee eee lar Assembly was deemed necessary in order to enhance the image ace ‘The delegates of the Congress constituted who had served the body at one time or another. however, have placed the Assembly membershi labor. ippine-American War in Febru- ‘were hampered by the emer- Laws enacted by the p | governments established dur- ing the revolutions again and the United St te found, albeit scattered, among the various = tovians. The first succesful alten a or en of The orders, proclamations, Laws of the First Phil tional Historical Commission. ‘Republic, published by the Na- ‘STATUTORY LAW 131 4) The American Period Philippines started with a Mili- ry by ay which also discharged legisla- tive functions by issuing “general orders.” Instructions to the Second Philippine Com- pine Bill of 1902, and the legislative powers of the military govern- ‘ment were transferred to the Commission. After the Philippine Commission certified on September 18, 1902 to the U.S, President that the insurrection in the Philippines hhad ceased and the eensus was completed on March 28, 1905, the clections for seats in the Philippine Assembly were held on July 30, 1907. ‘The Philippine Assembly was convened on October 16, which together with the Philippine Commission, formed the Philip- pine Legislature invested with the authority to legislate for all Aevoted to the regulation and control of publ ests, commerce, franchises, and municipal bon ippines had been completely under the control of Congre sage of this Act. members of which con ‘the United States. From bicameral pine Assembly. The Assembly was composed fy the Filipino people for a term of two years ‘The Philippine Autonomy Act of 1916, established a bicameral Philippine Legislature. The Philippine Assembly becoming the House of Representatives while the Commission gave way to the Philip-1 ‘UBGAL RESEARCH With the exception of nor-General to represen lected by the people for a nine who were apie by ‘non-Christian tribes, the other 81 meml oa er cawuasially dapapentie ae of three years sons nine Lagat wos inaugurate on Ose with Manuel L- Quezon as Senate President o Osmefia as Speaker of the House. and Sergio The legislative body reverted to a unicameral Nati sembly sader the 1995 Conaitation, However the Contato amendments of 1940 restored the bicameral legislature. Early repositories of legislative a: tion of the First Philippine Commiss ‘ageney and continued when the Commission wa ‘making powers. They are the Report of the mission to the President (Government Printi Vols) and the Report of the Philippine Commissio Secretary of War (GPO, 1900-1915, 25 Vols.) ished in the Diario de record of the sessions of ‘Assembly. During the by the Congressiontl ‘the proceedings of the unicameral Nati reported the proceeding fe, Its publication was wed resumed in 1945, The ‘was written in English, 'h English and Spanish. ‘The legislative proceedings were 1907, which served as Commission and Record wi ‘Assembly and later, of the bicamet temporarily suspended during the war @ Record for the House of Representa while that for the Senate appeared in son flaws the Pies Fst of the ‘and omitting Jocal acts and Jaws which do net ‘and permanent legislation © i EI Regimen Pedro Paterno ple in ane so, «mal Municipal de las Islas Filipinasi 0° STATUTORY LAW 13 . Copel catheter eednne eros oe Stewed andthe other on sock corporation. All of th ° All of ther were pli iivyet GomerativePuhing Goo facet New os by Cecilio Press in 1934 on the appreci Tagan and Sanga in 1940 on the Election Law." "aGupit op et, pp. 2122, mid. 28_ original Public Laws. 1m LEGAL RESEARCH tions, and acts of U.S. Congress appl alphabetical Tist of executive Public Laves has the distinct amended and repealed ents ing has alo pinta the ina smaller ened edition, bre. of lita appendion ed eee Rea oe eee “Gazette i anther repository of thee atten. Lgiaation for hs period should be cited as Act No. 1160 (1904). ‘The Philippine Permanent and General Statutes, of the up to Commonwealth Act 197. Special statutes have been compiled in publications such as and Regulations ig to Public Islands (Bureau of Printing, of the Philippines (Bureau ing, 1937) which contains laws concerning internal reven on January 1, 1937 and compiled under the direction of the Callec- tor of Internal Revenue. ¢) The Commonwealth Period unicameral National fof 1940 which re- Assembly until the stored the bicameral legislature essed the enactment of 733 statutes: | 7 Pehed in 2 volumes known as Public Laws of the Common- wealth. The continuation of this set dnd subsequently abandoned. The contents are ‘the Commonwealth Govern if all 733 statutes of nt a en be Jish and Spanish by the Burau of Printing in 6 ay eaten of 6 eae Laws. In Laws and without the added feat ‘STATUTORY LAW 135 Resolutions, also a publication of the Bureau, the post-war laws contains CA 138 to 732, ) The Japanese Period During the Japanese period, the 1943 Constitution provided for a unicameral legislature known as the National Assembly headed by the Speaker to be composed of the provincial governors and city ‘as members ex-officio and of the delegates to be elected ree years, one from each and every province and chartered city, ‘Some laws passed by the National Assembly were published in the Official Gazette. Upon the defeat of the Japanese for ‘government was restored. Elec ‘was held on April 23, 1946 and 1946, .es was granted independence by the United States. ) The Period After Independence Upon independence, there were 6,695 Republic Acts that were legislated by a bicameral Congress from July 4, 1946 to September 21, 1972. The repository of these ent. cation, Laws and Resolutions. The : (2) simple, joint, and concurrent 1e House of Repre- sentatives and the Senate; an Vol. VII (Rep. Acts Nos. 674-883)6 USCAL Research, Vol. VII (Rep. Acts No Vol. IX (Rep. Acts Nos. Vol. X (Rep. Acts Vol. XI (Rep. Acts Nos. Vol. XII (Rep. Acts Nos. 1614-2049) Vol. XIIT (Rep. Acts Nos. 2050-2093) Vol. XVII (Rep. Acts Nos. ‘Vol. XVIII (Rep. Acts Nos. 3 Vol. XIX (Rep. Acts Nos. 3847. ‘Vol. XX (Rep. Acts Nos. 4173-4641 I, IIT, IV and V contain the Republic Acts of this period. h) The Martial Law Period During the martial law period, a total of 2,036 Presidential Decrees were promulgated as of February 20, 1986 which were is- a by the legislation secre- sued frst in loose-leaf mimeographed form by Hel anee ‘by the Batasang a ete and Re 106083, 1-0 Permanent Statute, Vol. V {) Aquino's Revolutionary corre a In 1986, Corazon Aquino was installed 9 (cn, in- She dumped the 1973 Cont 7 ing publication: 1. CBSI, Vital Legal Documents in the New People’s Government (Contents: PD, GO, BP, EO, LOI, RA, eta.) 116 Vols. 2. Vital Legal Documents in ‘ernment (Contents: PD, GO, BP, EO, LOI 3. Vital Legal Documents (Second New From 1987 up to the prese 2,508 laws, from RA 6636 up to 3, Publications on ‘The Official Gazette eo ‘The publication of any law, reeo iments in the Official Gazette is prima facie evidence of its authen- ticity.138 LEGAL RESEARCH ‘The secondary sources on Phil ny Philippine Statutes can be found in: 1, Guevara, Public Laws Annotated, 7 , . Ww of the Co, mmonwealth, ted as substitute reference for 4. Moran's Index to Republie Acts, with 1957 Sup) 5. Index to Republic Acts, 1946-1965 hy Juan 6. The Philippine Annotated La 0 ws (PAL) of yers Cooperative Publishing Co. compiled all laws of gon eral and permanent nature in force as of January 1 1956 which group together various I : mon subject matter, annotated with Supreme Court interpreting them. Ci ‘ments were issued periodically; 7. Vital Legal Documents Index Guide, 1976; 8. Aguirre, Subject & Title Index to Executive Orders, Feb. 25, 1986-July 26, 1987. 4, Summary of Philippine Legislation ‘The statutes of the Philippines are found in the various enactments of the Philippine Legislature since its promulgation in 1900. From the establishment of the American civil government in 1900 to 1935, there were 4,275 laws passed by the Philippine Com- mission and its bicameral successor, the Philippine Legislature. ‘The Commonwealth period witnessed the enactment of 733 statutes. s that were Upon independence, there were 6,635 Republic Acts 0 legislated by a bicameral Congress from July 4 1946 ta Septeniber 21, 1972. ee wring the martial law period, a total of 2,099 Tr Desens wore promulgated hy President Mareos a of Boba 1986 white B91 Batas (Legislative Acts) were passed BY CY" 5° convening 0! a until the oontgl of 302 Executive Orders were ippines on July 26, 1987, issued ‘Act hi into La STATUTORY LAW 139 by President Crmzon€. Aquino. From 1987, 2,524 Republic ae been pated the lata of mhich Is RAS160etherwise 5 Laundering Act of 201° which was signed win October, 280 a, LEGISLATION IN THE PHILIPPINES pee (1900 — 2001) vauoo] wecisarve | waszor [comenor] rims cans ‘acmmoury | srerures |"srarures'| ""pasass" acre 500180 | Pato Comma, jms |e —aagoing Patron Ase i a one and pps tne Se sina [rata ments. [meow Act} ea 1 Pring ae Naan Bote 216197 oman Jeraicace Joss [a — sporting amma Say, 721986 faa Liter under resident! Dc 208 puertencrmpin ete [or farming E> fetta ent inn singefmmtcote [ot Sopa tg pete ioe ooo frac ice fee | — tig b, List of Codes Enacted by Philippine Legislatures: ‘The following codes have been enacted in the Philippines:1 za UBGAL RESEARCH ‘STATUTORY LAW 1 17. Civil Code of the Philippines RA. 386 3 Tariffand Customs Cote A, toe etereted oe * 7 ' duly 17, 1987 : ifen . soso i Bh June 10, 1988 * a April 21, 1989 Ra 65a PD.34 PD. 221, as amended BD. 380 BR e BREE BOB BESB ROSE RE 1296 lection Code of 1978 po. Government Auditing Code his power deciding fain regulations for the conduct of subordinate officers in the ex ‘ecutive department in the performance of their official duties. ‘Bxeetive Orders and Proclamations ofthe Governor-General during the American period were published annually in a set enti- S seaee ge 8 A ~ a1a URGAL RESEARCH «led “Executive Orders and Proclamations.” 1 ‘umes were published until 1995, by the Iuseee ont During the Commonwealth P. and orders of the President were pu ders in four volumes; period from 1935 to 1941 All those executive orders, administrati v , administrative orders and procla- mation are published in the Official Gaze Public fares tte and in the Public ‘To assist the President of the Philippines in of his scot uncon, Yaris dopartasots bee noua dnd other offices under them have been established. The head of the departments, and head of bureaus and other agencies, ere au- thorized to issue orders, rules and for the proper and efficient performance of enforcement of the laws ever, in order that such rules thust be within the authorized limits and jurisdition of the oie issuing them and in accordance with the provisions of law author izing their issuance, Government. agencies may also be grouped together in accord- ance with their powers and functions. tional Bureau of In 3 : — partment of Social Welfare and Development. They Nat Grative rules and regulations which have not been ‘expressly di- rected by law to be issued, but they are necessary ‘the proper discharge of the functions of the agency. 2. Agencies with express quasi-les lative ea ; These vvemnment Service Insurance system, Soc So ae eerement a Lar and Em a Security verano, Philippine Medical Care Comme rate Investments. They are specifical authorized by law to PI implementing rules and regulations: — Hid, pp. 190-133 f SsrxruToRY LAW ua 8. Publications on Administrative Rules and Regula- Publications by the particular administrative agencies are as fallows: a. Civil Service Commission provisions of the law on the CSC as the central personnel ageney of the government, It also presents the sysiems and procedures by n of the civil service are to be based including Omnibus Rules Implementing Book V of Exee. Order ‘292 and Other Pertinent Civil Service Laws. Lays down the jmplementing rules adopted and preseribed by the CSC il service embodied in Book V of ice. Embodies the uni Gieation of all administrative proceedings,uw LEGAL RESEARCH in the civil service both Iso contains the revised of admi 5 Rules Implementing the Code of Cos Standards for Public Officials and Em down the prescribed rules: ‘mentation of the prov wise sn Code of Conduet and Ethical Standards for Public Offealt cs ‘Employees. Includes the full text of RA 6713, blic Officials and Revised Omnibus Rules on Appointment sont ed meng eles on Apsnten an ie Pe re te hepa lo civil service, This manual also lays down the responsibilities of the human resources management officer/personnel modes of separation from the service and prohibit and their corresponding entitlement and how to compute leave credits and mon administration, retirement, person! rewards, incentives and career development. legal authority and objectives of the Council of Personne! Officers. Revised Policies on Perfe Presents a comprehensive discussi formance evaluation in the civil install and implement performances PES aims to draw up an objective ass ance jodel). A Agency Performance Eval 1 PES model for the development of PES Model will help or guide agencies in preparing the Te Gm based on corresponding policies and its BPO SPP srye as ance with the revised PES by agencies is cruel it re. The ‘based security of tenure. essment of employee perform t ‘STATUTORY LAW us. the basis fo all gene personnel ation such a prometia rant of productivity incentive bonus. oa mand say amorandom Circulars 1962200. annul compilation on ed by the CSC in boa om Meme ners as well as government workers involved in han- trative eases and other legal matters. b. Securities and Exchange Commission 1. SBC Polio, 1946-1976; 2 SEC Bulletin; 3. SEC Weekly Bulletin; Central Bank 1. Financial Journal; 2, Central Bank Annual Reports and Compilations; 4. Department of Labor and Employment . 1. Rules and Regulations implementing the Labor _ Cade; e. Department of Agrarian Reform 1. Comprehensive Agrarian Reform Program and Presi- dental ssuances;LEGAL RESEARCH f, Department of Justice 1, Department of Justice, Revised Circulars, 1963; g. Dangerous Drugs Board _— 1, Dangerous Drugs Board Regulations (1988); h, Board of Investments 1. Omnibus Investments Code an: Seat ode and Implementing Regu- i. Office of the Insurance Commission 1, Insurance Reporter. Other materials include: 1, CBSI, Comprehensive Agrarian Reform Law which also contains ‘Memorandum 2. Milagros A. German, Administrative Orders and Ex- ‘ecutive Issuances in Implementing PD 27 and the CARL-RA 6657 from 1988 to 1994, 1996 Ba; 3. CBSI, The Intellectual Property Code of the Philip- i 1293) with Movie and Television Review and 4. CBSI, Philippine National Police Law, menting Rules and Regulations, Criminal Procedure, Bvi- dence, NAPOLCOM and ‘DO4 Circulars, and Related/Per- tinent Laws, 1997 Edition; r 6963, 8505, 5, CBSI, 1998 Supplement to PNP Lave: RAs 6963, 8551, Manual ar Procedure for the PLEBs, ete; ‘The Laws and Regulations Govert "ronal and Local Elections, 1998 Fat ‘STATUTORY LAW a F. Ordinances Enacted by the Autonomous Region faith them fom statutes enacted by Congres) w ‘of local interests only. le > ‘ea eriinance is leplynaflcive inconsistent wih utes enacted by Congress. vet aa ‘The Local Government Code of 1991 provides: general well of the State as delegated to |Sore eee acting towards that whiel fe general welfze,(Makasiano wr, Bie a SCRA 1, 212 SCRA 4 ‘The Local Government Code of 1991 also provides: ordinanees. Unless otherwise provided the rein, said ordinances shall take effect on the day following its publication, or at the end of the period of posting, whichever occurs later. (b) Any public officer or employee who violates an ordi- nance may be meted administrative disciplinary action, with- out prejudice to the filing of the appropriate civil or eriminal action. (c) The secretary to the sanggunian concerned shall transmit official copies of such ordinances to the chief exeeu- tive officer of the Official Gazette within seven (7) days follow- ing the approval of the said ordinance for publication pO putes, The Official Gazatte may publish ordinances with Pe fal sanctions for archival and reference purposes.” of the City of Manila inting Publication, and the Re- Ley Organica y Ord vised Ordinances of however stopped publishing city ‘Another publication of the Print Compitation prepared by Juice i io and tI Bove o lana fe ratadial tie eat legal periodicals. shortly after the war e annotation and sa tthe Charter of the énances of the City year in ‘STATUTORY LAW uo H. Computerized Legal Research Services nny 2e.ents ofthe Consttations and statutes above mentioned iy be sourced from two computerized legal research services, 4. Department of Justice (Opinions of the Secretary), Vo. 8. Elections, ol. VI; 9. ‘Trade, Commerce and Industry, Vol. IX; 10. Bangko Sentra ng Pilipinas, Vol. X; 11, Securities and Exchange Commission, Val. XI; The Philjur, produced by Gigabytes Rewarch Syetams, In. also has a database on all laws of the Philippines. noe