NAME: NICO MILES C.

MODESTO
SUBJECT: LEGAL RESEARCH
TOPIC: (2) SPANISH PERIOD

Introduction:

Friars, Colonization, Indio, 300 years, Magellan, Alcalde’s,

words sound familiar? Or does it sound new to you? This
afternoon, we will be discussing SPANISH PERIOD with
emphasis to judicial systems and administration imposed
during the said captivation.
It is believed that most of the laws and doctrines at
present is rooted from the colonization of Spaniards. Let us
trace back history on how Spaniards were able to colonized and
able to locate geographically Las Islas Filipinas.

History:

 September 10, 1519, when explorer Ferdinand Magellan

sailed leaving Spain with five vessels with 265 men to
launch history of greatest voyage with the aim to find
spices.
 Magellan arrived in the Philippines in 1521 and became
the basis for Spain to claim and colonized the islands. And
as they say the rest is history.

Let us not elucidate on how Spaniards were able to colonize

or what was the purpose for colonization which is uhmm clearly
to spread Christianism because we have learned from our
Aralin Panlipunan and Philippine History a lot about it.

THE ADMINISTRATION OF JUSTICE IN THE PHILIPPINES

DURING THE SPANISH PERIOD

It has five components

1. The laws; to govern the conduct of the people and

regulate relation among individuals.
 2. The judiciary (ordinary and special courts and
prosecution); mechanism for the adjudication of dispute.
3. The law enforcement agencies; to uphold the law and
enforce decisions.
4. The prison system; for public punishment of those who
violated the law.
5. The legal profession; group of persons with legal training
manned the judicial posts.

The administration of justice in the Philippines during the

Spanish period shows different branches of government similar
to what we have at present. During this period, the laws
governing the Philippines consists of laws of general
applications in Spain which were made applicable to the
Philippines

The Hierarchical Structure of the Judicial System

1. The Crown
2. The Council of Indies
3. The Real Audiencia
4. Alcalde-Mayore (Courts if 1st Instance)
5. Gobernadorcillo’s (Justice of Peace)

Now let’s discuss each of the structure starting off with;

a. Gobernadorcillo
- The lowest of the structure.
- Governs the town or pueblo and addresses civil cases;
punishment not exceeding 44 days fine and 10 days
imprisonment.

b. Alcalde Mayor
- Designed to pacified areas and the Corregidor in the
unpacified areas.
- Judicial power in the province and had jurisdiction over
first instance over both civil and most criminal cases.
Act also as appellate judge for suits originating from
gobernadorcillo.

c. The Real Audencia of Manila

 – Is the supreme tribunal in the Philippines; both
had civil and criminal jurisdictions and treat cases
from the lower courts.
– The decision id appealable to the Council of Indies,
but latter was abolished, and judicial functions
were assumed by the newly created tribunal
Suprema de España de Indios.

In conclusion, the judicial system during the Spanish

period serves as basis for the present judicial system as
evidenced by some doctrine written in Spanish as well as laws
that we still refer to when present law is vague and difficult to
understand.

Thank you.