Early Codes

• Babylonian and Sumerian Codes

• Roman and Greek Codes
• The Burgundian Code
1. Babylonian and Sumerian Codes

a. Code of King Hammurabi (Hammurabic

Code) – Babylon, about 1990 BC, this was
credited as the oldest code prescribing
savage punishment, but in fact, Sumerian
codes were nearly one hundred years older.
2. Roman and Greek Codes

a. Justinian Code– 6th C A.D. , Emperor

Justinian of Rome wrote his code of law. An
effort to match a desirable amount of punishment
to all possible crimes. However, the law did not
survive due to the fall of the Roman Empire but
left a foundation of Western legal codes.
The Twelve Tables (XII Tabulae), (451-450
BC) – This represented the earliest
codification of Roman law incorporated into
the Justinian Code. It is the foundation of all
public and private law of the Romans until the
time of Justinian. It is also a collection of legal
principles engraved on metal tablets and set
up on the forum.
b. Greek Code of Draco – In Greece, the
Code of Draco, a harsh code that provides
the same punishment for both citizens and
the slaves as it incorporates primitive
concepts (Vengeance, Blood Feuds). The
Greeks were the first society to allow any
citizen to prosecute the offender in the name
of the injured party.
3. The Burgundian Code (500 A.D) – This
has specified punishment according to the
social class of offenders, dividing them into:
nobles, middle class and lower class and
specifying the value of the life of each person
according to social status.
 Early Codes (Philippine Setting)

Eventually, the Spanish Civil Code became effective in

the Philippines on December 7, 1889, the “Conquistadores” and
the “Kodigo Penal” (The Revised Penal Code today, 1930) was
introduced by the Spaniards promulgated by the King of Spain.
Basically, these laws adopted the Roman Law principles
(Coquia, Principles of Roman Law, 1996).
Mostly tribal traditions, customs and practices influenced
laws during the Pre-Spanish Philippines. There were also laws
that were written which include:
a. The Code of Kalantiao (promulgated in
1433) – the most extensive and severe law
that prescribes harsh punishment.

b. The Maragtas Code (by Datu Sumakwel)

c. Sikatuna Law