THE PHILIPPINE JUDICIAL

SYSTEM: PRE-SPANISH AND

SPANISH PERIOD
Presented by: Franchesca Julia C. Revello
Pre-Spanish Period
 Pre-Spanish Period
• Datu = Executive, Legislative and Judiciary

• Aided by elders in promulgating and administering laws, as well

as settling disputes.
Laws and customs can be
either orally or written.
 Pre-Spanish Period

• Filipinos already had their own laws and justice system that are found
similar to one another despite the independency of Barangays.

Datu and company

• Promulgated laws among Barangays
were decided by a datu together with a
group of elders through a confederation,
which was initiated by the superior datu.
 Administration of Justice
• Datu as the judge or hukom;
• Elders as the jurors;
• Trials under civil or criminal cases are held in public.

• Civil disputes usually accompanied by a payment of fine in gold.

• Criminal cases are usually punished by enslavement or death penalty

through hanging.
 Administration of Justice
Civil Disputes Criminal Cases
 Butandíng
nang iyán

Translation: You’re a whale shark

 Administration of Justice
• Complaints arises from a mere suspicion of a freeman to a particular
person in the village, which will be brought before the village Chief.

• An oath shall also be sworn upon testifying.

• The litigants, plaintiff, and the defendant will state their assertions and
present their witnesses;
 Administration of Justice
• Equal number of witnesses = split the amount they claimed in the suit;
• unequal number of witnesses = greater number of witnesses will win
the case;
• and the defendant will be either
cleared from the case or pay for the
full amount.

An Ifugao Fine

Note the 8 rice-wine jars, the knives and spears, the 2 pigs, the 6 rude
cages containing chickens, the 8 copper pots, the 2 coats (formerly
part of the uniform of American soldiers), the baskets and dishes.
 Administration of Justice

• The judges and the successful litigant was also paid the same
way as the witnesses does.

• If the Court was in doubt of whom among the litigants shall

be held guilty, it will resort to trial by ordeal especially in
criminal cases where they believed that God supervises the
innocent, thus, He shall protect him and punish the guilty.
An example of a “hot water ordeal” in the Ifugao culture, early
20th century. Source: Ifugao Law (In American Archaeology
and Ethnology, Vol. 15, No. 1)
 Administration of Justice

• To avoid warfare, a trial among

villages was mediated by a chief of
a higher rank in order to reach an
agreement.

• Otherwise, a feast will be held and

whomever extravagantly hosted it
shall be declared as the most
honorable
Painting by: Carlos “Botong” Francisco
 Administration of Justice
• The dispute will be settled if both parties accepted the
judgement, if not, warfare could be the result.
 Transition to Spanish Colonial Era

• The Spanish system did not greatly alter the justice system of the
native Filipinos.

• Traditional customs and some civil laws are still in effect and was
codified on 1599.

• Customs of the Tagalogs was declared as the common law

throughout the Philippines.
 Transition to Spanish Colonial Era

• Slavery was not totally diminished during

the Spanish Era, as Negritos and Moslems
which do not recognize the latter’s authority
shall be subjected to enslavement, as well as
those who could not pay their debts.

• Changes have also occurred in the structure

of the early Philippine judicial system.
 Spanish Colonial Era In General

• Spanish occupation has brought changes within the system of

governance throughout the country. They introduced foreign
civil and criminal laws to the country which became the
progenitor of the current judicial system that the Philippines
exercises today.

• In order to effectively pacify its colony, the King introduced

the Encomienda System.
REFERENCES
 
• Umalohokan. (2015). In V. Almario (Ed.), Sagisag Kultura (Vol 1).
Manila: National Commission for Culture and the Arts. Retrieved
from https://philippineculturaleducation.com.ph/umalohokan/

• http://www.vikingsword.com/vb/showthread.php?t=15325

• “The Brain Feast of the Tinguian Indians,” as found in the 1850’s

book by Paul P. de la Gironiere (Accessible via The Project
Gutenberg) https://
www.filipiknow.net/wp-content/uploads/2015/10/Brain-Feast-of-the-T
inguian-tribe.jpg
REFERENCES
• https://www.gutenberg.org/files/40807/40807-h/images/plate31.jpg

• https://
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• https://
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• https://
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