The Spanish Era in the Philippines: Legal Framework

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.

Legal Profession

• 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.