The Spanish Era in the Philippines: Legal Framework
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Questions and Answers

In what year did the University of Santo Tomas establish its Faculty of Civil Law?

  • 1565
  • 1911
  • 1734 (correct)
  • 1898

    • The American civil government established the first state college of law at the University of Santo Tomas.

    False

    Who was the founder and first dean of the University of the Philippines College of Law?

    George A. Malcolm

    What year did the ratification of the 1935 Constitution of the Philippines pave the way for private colleges and universities to institute their respective colleges of law?

    <p>1935</p> Signup and view all the answers

    What was the main source of supervision for law schools during the Spanish era?

    <p>The Department of Public Instruction</p> Signup and view all the answers

    Which of the following were NOT considered among the premier law institutions in the Philippines during the Spanish era?

    <p>University of Manila</p> Signup and view all the answers

    The number of law colleges in the Philippines remained consistent from 1950 to 1970.

    <p>False</p> Signup and view all the answers

    When did 57 colleges and universities begin offering law as a 4-year degree course?

    <p>1989</p> Signup and view all the answers

    What year did new graduates from 75 law schools take the bar examinations?

    <p>2002</p> Signup and view all the answers

    What is the name of the oldest law code mentioned in the text that is related to the Spanish law system?

    <p>The Code of Euric and the Brevarium of Alaric</p> Signup and view all the answers

    To whom did the Code of Euric and the Brevarium of Alaric apply?

    <p>Conquerors</p> Signup and view all the answers

    What aspects did the Fuero Juzgo address?

    <p>Judicial procedure, marriage, divorce, successions, debts and pledges, criminal offenses, slaves, physicians, foreign merchants, judicial conduct</p> Signup and view all the answers

    What is the name of the law code that was fundamental in the law of Spain and its colonies and was divided into seven parts?

    <p>Las Siete Partidas</p> Signup and view all the answers

    What themes did the first partida of Las Siete Partidas cover?

    <p>Natural law and the laws of usage and customs</p> Signup and view all the answers

    What themes did the second partida of Las Siete Partidas address?

    <p>Duties of the monarch to his family, duties of the people toward the sovereign, military captives, and ransoms, public education, professors, organization of studies</p> Signup and view all the answers

    What themes did the third partida of Las Siete Partidas cover?

    <p>Rules of possession and servitude</p> Signup and view all the answers

    What themes did the fourth partida of Las Siete Partidas cover?

    <p>Civil law, principally on family relations</p> Signup and view all the answers

    What themes did the fifth partida of Las Siete Partidas cover?

    <p>Roman Civil Law on the subject of obligations and contracts, including loans, deposits, commodatum, sales partnerships, mortgages and pledges</p> Signup and view all the answers

    What themes did the sixth partida of Las Siete Partidas cover?

    <p>Heir successions, executors, interstates, and partisans</p> Signup and view all the answers

    The seventh partida of Las Siete Partidas covered themes related to legal education.

    <p>False</p> Signup and view all the answers

    The Nueva Recopilacion is a revision of the Novisima Recopilacion

    <p>False</p> Signup and view all the answers

    What was the Codigo De Comercio of 1885?

    <p>Provisional code of commerce of Spain</p> Signup and view all the answers

    What year was the Codigo Penal extended to the Philippines by Royal Decree?

    <p>1887</p> Signup and view all the answers

    The Codes of Civil and Criminal Procedure became effective in the Philippines in 1855.

    <p>True</p> Signup and view all the answers

    What was the primary source of inspiration for the Codigo Civil of 1889?

    <p>The Code of Napoleon</p> Signup and view all the answers

    The earliest compilation of laws solely for the Indies that was printed was that of the ordenanzas for the government of audiencia de Lima.

    <p>False</p> Signup and view all the answers

    The Audiencia at Lima was never printed.

    <p>True</p> Signup and view all the answers

    When was the cedula of September 4, 1560 in force within the jurisdiction of the audiencia of Mexico?

    <p>September 4, 1560</p> Signup and view all the answers

    Who was the highest-ranking government official in the Philippines responsible for implementing royal decrees and laws?

    <p>The Governor General</p> Signup and view all the answers

    The Governor General had the authority to appoint and dismiss all public officials, including those personally chosen by the King.

    <p>False</p> Signup and view all the answers

    What were the two main branches of the Spanish colonial government in the Philippines?

    <p>The executive and the judicial</p> Signup and view all the answers

    What was the requirement for a Governor General in the Spanish colonial government?

    <p>To be a Spaniard born in Spain or a Peninsular</p> Signup and view all the answers

    Study Notes

    The Spanish Era in the Philippines

    • The Spanish Era spanned from 1565 to 1898.
    • The Spanish government was geographically distant, initially ruled the Philippines through the Viceroy of Mexico.
    • When Mexico gained independence, the Governor-General of the Philippines became the main representative of Spain.
    • The Spanish government established a centralized system with a national government (governing the entire country) and local governments for each province, city, town, and municipality.

    Objectives of the Study

    • To understand how executive, legislative, and judicial branches functioned during the Spanish Period.
    • To understand legal education during this time.
    • To learn about laws enforced during the Spanish Era.
    • The University of Santo Tomas established its Faculty of Civil Law in 1734.
    • In 1911, the American Civil Government established the first state college of law at the University of the Philippines.
    • George A. Malcolm was the founder and the first dean of the college.
    • The 1935 Constitution allowed private colleges to establish law schools upon obtaining a license from the Department of Public Instruction.
    • Santo Tomas, the University of the Philippines, the Ateneo de Manila, and the Philippine Law School were prominent law institutions.
    • After World War II, more law schools emerged in the Philippines, and in 1950 there were 28; by 1960 there were 36, then by 1970 there were 39, and 57 in 1989.
    • 75 law schools had new graduates taking the bar exam in 2002.

    History of Law During the Spanish Era

    • Spanish laws governing Spanish citizens were sometimes extended to the Philippines via royal decrees.
    • Separate laws were enacted to govern the colonies directly.
    • Spanish legal systems in the Philippines included laws inherited from Spain's own legal system, such as the Code of Euric, the Brevarium of Alaric, and the Fuero Juzgo.

    System of Laws in Spain and its Antecedents

    • The Code of Euric and the Brevarium of Alaric were early pioneer legislative codes.
    • The Fuero Juzgo contained laws that covered legal proceedings, marriage, divorce, and criminal offenses.

    Modern Spanish Codes

    • Nueva Recopilación (New Compilation) compiled royal decrees and laws.
    • Novisima Recopilación (Newest Compilation) was a revised version of the Nueva Recopilación.
    • Codes of Civil and Criminal Procedure were implemented in the Philippines in 1855.
    • Código Civil of 1889 was largely based on the Napoleonic Code.
    • The Código de Comercio (Code of Commerce) was established in 1885.
    • Código Penal (Penal Code) of 1870 which has been superseded later on.

    First Collections of Laws

    • The earliest printed compilation of laws from the Spanish colonial era is the Ordinances of Mexico.
    • There were other compilations of laws later established, mostly in subsequent years.

    Spanish Colonial Government

    • Spain ruled over the Philippines from 1565 to 1898. The King of Spain ruled the islands through a Viceroy of Mexico initially.

    • When Mexico became independent, the King of Spain ruled the Philippines through a Governor-General.

    • The system was centralized with a national government and local governments for towns, provinces, cities, and municipalities.

    • The Governor-General was responsible for peace, order, tax collection, and educational initiatives.

    • The Governor-General had certain legislative powers and was authorized to issue decrees to facilitate the application of laws.

    Political Structure

    • Spain appointed a Governor-General to oversee governance.
    • Residencia: Investigative court for evaluating the performance of departing Governor-Generals.
    • Visita: Government officials dispatched to observe and assess the colonial situation.
    • Real Audiencia: The highest court in the land, acted as an advisory body to the Governor-General, reviewing governmental activity.

    Provincial Government

    • The Provincial Government was categorized into Alcaldia (led by the Alcalde Mayor) and Corregimiento (headed by Corregidores).
    • Alcalde Mayor was the leader of the Alcaldia for the regions under Spanish control, while the Corregidores managed regions not yet fully under their control.

    Municipal Government

    • Municipal Government was headed by Gobernadorcillos (Little Governor).
    • Four lieutenants (Teniente Mayor, the police lieutenant, the lieutenant of the fields, and a lieutenant in charge of collection of the seeds) assisted the Gobernadorcillos.

    City Government

    • Headed by the Alcalde Mayor
    • Other officials such as Regidores (council members), Alguacil Mayor (Chief of Police), and Escribando (Secretary) played essential roles.

    Judicial System

    • The administration of justice during the Spanish Period had five components: the law, the judiciary, law enforcement agencies, the prison system, and the legal profession.
    • The hierarchical structure included the Crown (King of Spain), the Council of the Indies, the Real Audiencia, the Alcaldes-Mayores, and the Gobernadorcillos.

    Special Tribunals

    • Ecclesiastical, Army & Navy, Commercial, Contentious, Treasury, Probate Courts
    • Juico de Residencia (Court of Investigation)

    Publications

    • Jurisprudencia Civil (Civil Law)
    • Jurisprudencia Criminal (Criminal Law)

    Sources

    • Provided several URLs for further research.

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    Spanish Era in the Philippines PDF

    Description

    Explore the Spanish Era in the Philippines from 1565 to 1898, focusing on its governance, legal education, and the functioning of legal branches during this period. This quiz will deepen your understanding of the laws enacted and the evolution of the legal profession. Engage with key historical developments that shaped the Philippines under Spanish rule.

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