Spanish Era in the Philippines PDF

The Spanish Era OBJECTIVES: To be able to know how executive, legislative and judiciary was during the Spanish Era To be able to know how the legal education was during the Spanish Era To be able to provide background on the different laws during the Spanish Era The Leg...

The Spanish Era OBJECTIVES: To be able to know how executive, legislative and judiciary was during the Spanish Era To be able to know how the legal education was during the Spanish Era To be able to provide background on the different laws during the Spanish Era The Legal Profession The seeds of legal education in the Philippines were sown during the Spanish regime when, in 1734, the University of Santo Tomas established its Faculty of Civil Law. In 1911 or 180 years later, the American civil government established the first state college of law at the University of the Philippines, through the vision and efforts of George A. Malcolm, American legal educator, founder and first dean of the college. The ratification of the 1935 Constitution of the Philippines paved the way for private colleges and universities in Manila to institute their respective colleges of law upon obtaining from the Department of Public Instruction the required license to operate. At that time, there was hardly any kind of supervision of law schools due to lack of overseers, especially for private educational institutions. The University of Santo Tomas, the University of the Philippines, the former Colegio de Ateneo de Manila and the Philippine Law School were among the premier law institutions during those years. At the end of World War II, more law schools were established, especially in Manila and key cities of the Philippines and by 1950, there were 28 law colleges. This number increased to 36 by 1960 and to 39 by 1970. Ten colleges of law were added in 1971-1980 and eight in 1981-1988. In 1989, 57 colleges and universities offered law as a 4-year degree course. In year 2002, new graduates from 75 law schools took the bar examinations.  HISTORY OF LAW DURING THE SPANISH ERA There were two kinds of laws which were enforced by Spain in the Philippines during its colonial rule. 1.Spanish laws governing Spanish citizens which were extended to the Philippines by means of royal decrees 2.Laws specially enacted to govern the colonies Spanish laws governing Spanish citizens which were extended to the Philippines by means of royal decrees a.The System of Laws in Spain and its Antecedents The Code of Euric and the Brevarium of Alaric- This is a pioneer legislative This is not intended to be a general law for all the inhabitants of Spain, rather, it was meant to apply only to the conquerors. Contains provisions governing border dispute and the arising issues from division of land, provisions for lending, purchase and donation marriage succession. Fuero Juzgo - Dealt with judicial procedure, marriage, divorce, successions, debts, and pledges, criminal offenses, slaves physicians, foreign merchants, judicial conduct.  Fuero Real - It established rules for the regulation of domestic relations,property rights, wills, descent, administration. Las Siete Partidas- This were taken largely from the Roman laws, and fundamental in the law of Spain and the colonies. It was divided in 7 parts The first partida – about natural law and the laws of usage and customs. The second partida – about duties of the monarch to his family, duties of the people toward the sovereign, military captives, and ransoms, public education, professors, organization of studies. Third partida – about rules of possession and servitude. Fourth partida – civil law, principally on family relations. Fifth partida – about Roman Civil Law on the subject of obligations and contracts, including loans, deposits, commodatum, sales partnerships, mortgages and pledges. Sixth partida – about heir successions, executors, interstates, and partisans. Seventh partida – about animal laws.  Nueva Recopilacion-contains royal decrees and legislative incumbent.  Novisima Recopilacion- this is the revision of Nueva recopilacion. b.Modern Spanish Codes  Codigo De Comercio of 1885 - provisional code of commerce of Spain  Codigo Penal of 1870- this is the code was superseded by the penal code of the provisions one. This penal code extended to the Philippines by Royal in 1887.  The Codes of Civil and Criminal Procedure- Was made effective in the Philippines in 1855  Codigo Civil of 1889- This code was based primarily on the code of Napoleon First collection of laws relating colonies ★ The earliest compilation of laws relating solely to the Indies that was printed was that of the ordenanzas for the government of audiencia de Mexico. ★ Audiencia at Lima – uncertain if this was ever printed ★A cedula of September 4, 1560 in force within the jurisdiction of the audiencia of Mexico ▪ Compilation of Laws Initiated by the Council ▪ The Codigo Ovandino ▪ General Compilation by Aguilar y Acuna and Pinelo Recopilacion de Leyes de los Reynos de Indias Compilations subsequent to the Recopilacion The Government Under the Spanish Regime During the Spanish colonization in the Philippines, the government was composed of two branches, the executive and the judicial. There was no legislative branch on that time since the laws of the islands were coming from Spain. The only laws created in the Philippines are those who were ordered by the Governor General The barangay chiefs exercised judicial authority prior to the arrival of Spaniards in 1521. During the early years of the Spanish period, judicial powers were vested upon Miguel Lopez de Legaspi, the first governor general of the Philippines where he administered civil and criminal justice under the Royal Order of August 14, 1569. During the early Spanish occupation, King Philip II established the Real Audiencia de Manila which was given not only judicial but legislative, executive, advisory, and administrative functions as well. Composed of the incumbent governor general as the presidente (presiding officer), four oidores (equivalent to associate justices), an asesor (legal adviser), an alguacil mayor (chief constable), among other officials, the Real Audiencia de Manila was both a trial and appellate court. It had exclusive original, concurrent original and exclusive appellate jurisdictions. Initially, the Audiencia was given a non-judicial role in the colonial administration, to deal with unforeseen problems within the territory that arose from time to time—it was given the power to supervise certain phases of ecclesiastical affairs as well as regulatory functions, such as fixing of prices at which merchants could sell their commodities. Likewise, the Audiencia had executive functions, like the allotment of lands to the settlers of newly established pueblos. However, by 1861, the Audiencia had ceased to perform these executive and administrative functions and had been restricted to the administration of justice. When the Audiencia Territorial de Cebu was established in 1886, the name of the Real Audiencia de Manila was changed to Audiencia Territorial de Manila. Spanish Colonial government 1. Spain reigned over the Philippines for 333 years, from 1565to 1898.Since Spain was far from the country, the Spanish king ruled the Islands through the viceroy of Mexico, which was then another Spanish colony. KING OF SPAIN VICEROY OF MEXICO PHILIPPINES 2. When Mexico regained its freedom in1821, the Spanish king ruled thePhilippines through a GovernorGeneral, (GG). KING OF SPAIN GOVERNOR GENERAL PHILIPPINES 3. THE POLITICAL STRUCTURE-Spain established a centralized colonial government in the Philippines that was composed of a NATIONAL GOVERNMENT and the LOCAL GOVERNMENTS that administered provinces, cities, towns and municipalities. NATIONAL GOVERNMENT: ★ maintained peace and order ★ collected taxes ★ built schools and other public works 4. THE GOVERNOR GENERAL-The Kings representative and the highest-ranking official in the Philippines Royal decrees and laws emanating from Spain were implemented in the Philippines had the power to appoint and dismiss public officials, except those personally chosen by the King 5. THE GOVERNOR GENERAL Supervised all government offices and the collection of taxes Exercised certain legislative powers Issued proclamations to facilitate the implementation of laws 6. THE GOVERNOR GENERAL REQUIREMENT: Must be a PENINSULARES or A SPANIARD BORN IN SPAIN 7. THE POLITICAL STRUCTURE THE GOVERNOR GENERAL The Governor General and other government officials had so much power that it was commonly abused. To investigate the abuses, there were bodies created: THE RESIDENCIA THE VISITA THE ROYAL AUDENCIA 8. THE RESIDENCIA-This was a special judicial court that investigatesthe performance of a Governor General who was about to be replaced. The Residencia, of which the incoming Governor General was usually a member, submitted a report of its findings to the King. 9. The Visit at the Council of the Indies in Spain sent a government official called the VISITADOR GENERAL to observe conditions in the colony. The Visitador General reported his findings directly to the King. 10. The highest court inTHE ROYAL AUDENCIA the land served as an advisory body to the Governor General had the power to check and report on his abuses. The Audiencia also audited the expenditures ofthe colonial government sent a yearly report to Spain The Archbishop and other government officials 11. THE ROYAL AUDENCIA Despite all these checks, however, an abusive governor general often managed to escape stiff fines, suspension, or dismissal by simply bribing the Visitador and other investigators. 12. THE PROVINCIAL GOVERNMENTThe Spaniards created Local Government Units (LGU)for the provincesThere were two types of local government units: ALCALDIA CORRIGIMIENTO Alcalde Corregidor Mayor 13. THE PROVINCIAL GOVERNMENT The ALCADIA, led by the Alcalde Mayor governed the provinces that had been fully subjugated: UNDER SPANISH CONTROL ALREADY SALARY: P300 A MONTH 14. THE PROVINCIAL GOVERNMENT DUTIES OF THE ALCALDE MAYOR:They represented the Spanish king and theGovernor-GeneralThey managed the day-to-day operations of the provincial governmentImplemented laws and supervised the collection of taxes 15. THE PROVINCIAL GOVERNMENT The CORRIGIMIENTO, headed by Corregidor governed the provinces that were not yet entirely under Spanish control. 16. THE PROVINCIAL GOVERNMENTThe ALCADIA and the CORREGIMIENTO Though they were paid a small salary, they enjoyed privileges such as the INDULTO DE COMERCIO or the right to participate in the GALLEON TRADE. 17. THE MUNICIPAL GOVERNMENTEach province was divided into several towns orpueblos headed by GOBERNADORDCILLOS (LittleGovernor)MAIN DUTIES: Efficient governance and tax collection.Four lieutenants aided the Governardorcillo: the Teniente Mayor (chief lieutenant),the Teniente de Policia (police lieutenant),the Teniente de Sementeras (lieutenant of the fields) 18. THE MUNICIPAL GOVERNMENT GOBERNADORDCILLOS They had SMALL SALARIES but were exempted from PAYING TAXES QUALIFICATIONS: Any NATIVE or CHINESE MEZTIZO 25 years old Literate in ORAL or WRITTEN SPANISH Cabeza de Barangay for 4 years Ex: Emilio Aguinaldo 19. THE MUNICIPAL GOVERNMENT CABEZA DE BARANGAY OR (Barrio Administrator or Barangay Captain) - Responsible for the peace and order of the barrio -Recruited men for public works QUALIFICATIONS: Cabezas should be literate in Spanish Have good moral character and property Cabezas who served for 25 years were 20. THE CITY GOVERNMENTLarger towns became cities called: AYUNTAMIENTO It became the center of trade and industry.The ayuntamiento had a city council called the CABILDOCABILDO is composed of: ALCALDE (MAYOR) REGIDORES (COUNCILLORS) ALGUACIL MAYOR (POLICE CHIEF) ESCRIBANDO (SECRETARY) 21. KING OF SPAIN THE COLONIAL GOVERNMENT THE EXECUTIVE BRANCH THE JUDICIAL BRANCH (Governor General) (Royal Audencia, Residencia, Lower Courts, Governor-General)PROVINCIAL GOVERNMENT MUNICIPAL GOVERNMENT CITY GOVERNMENT ALCALDIA CORRIGIMIENTO AYUNTAMIENTO (Alcalde Mayor) (Corregidor) (Cabildo) PUEBLOS OR TOWNS CABILDO Gobernadorcilos City Council ALCALDE REGIDORES BARRIOS AGUACIL MAYOR (Cabeza de Barangay) ESCRIBANDO BARRIOS (Cabeza de Barangay) Political Structure of the Colonial Government in the Philippines during the Spanish Period Governor General The Residencia The Visita The Real Audiencia Political Structure of the Colonial Government in the Philippines during the Spanish Period Provincial Government Alcaldia (Alcalde Mayor) Corregimiento (Corregidor) Political Structure of the Colonial Government in the Philippines during the Spanish Period Municipal Government Gobernadorcillos (Little Governor) Teniente Mayor (Chief Lieutenant) Teniente De Policia (Police Lieutenant) Teniente De Sementeras (Lieutenant of the Fields) Cabeza De Barangay (Barangay Captain) Political Structure of the Colonial Government in the Philippines during the Spanish Period City Government (Ayuntamiento) Alcalde (Mayor) Regidores (Councilors) Alguacil Mayor (Police Chief) Escribando (Secretary) Law, Colonial Systems of, Spanish Empire Basing its legitimacy in Spanish America and Asia on the papal bulls of Alexander VI (1493) and Julius II (1508), the Spanish Crown asserted preeminent authority in these regions as the vicar of the Vicar of Christ (i.e., the pope). Accordingly, believing that natural law expressed divine will and that positive law (manmade law) must conform to natural law, the law system of the Spanish Empire was built on the twin pillars of church and state, on canon law and crown law. Acknowledging the inseparability of religious and secular power in the Spanish Empire, this entry will focus on secular law and authorities. Although the institutional framework of the colonial legal system clearly originated in Iberia, the degree to which the formal and customary laws governing the colonies reflected Spanish political and legal hegemony is disputed by historians. Rather than being an absolutist system, throughout the Hapsburg and much of the Bourbon reigns, the legal system in Spain's colonies was a patchwork of laws and overlapping jurisdictions. COUNCIL OF THE INDIES At the apex of the institutional hierarchy was the Spanish Crown. Its policies were informed by reports from the Consejo Real y Supremo de las Indias (Supreme and Royal Council of the Indies), which was established in 1524, shortly after the conquest of the Aztec Empire. From its founding until the eighteenth century, the Council of the Indies possessed supreme legal, administrative, military, trade, finance, and, by way of royal patronage over the church in the colonies, religious authority. It was the primary executive and lawmaking body, as well as the final court of appeals. Immediately below the Council of the Indies, and located in the American and Asian kingdoms, were the archbishops, viceroys, and judges of the royal courts (audiencias). THE VICEROY Throughout the reign of the Hapsburgs, from 1521 to 1700, the colonies had two viceroyalties: New Spain and Peru. Between 1580 and 1640, when the Portuguese and Spanish crowns were united, the viceroyalty of Brazil was integrated into the imperial bureaucracy. Under the Bourbons, who ruled since 1713, two additional viceroyalties were created: New Granada (1717, 1739) and La Plata (1776). As the alter ego of the crown, viceroys possessed broad executive and lawmaking powers, and they acted as the vice-patron of the church and the president of the viceregal audiencia. Predominately aristocrats without juridical training, viceroys could influence decisions and proceedings of the tribunal as its president, but could not decide the outcome of legal cases. In addition, as the secular protectors of Indians, viceroys were ordered to designate at least one day each week to hear cases and to receive petitions brought by native subjects. Responding to the growing numbers of cases initiated by native subjects and the economic hardship of litigation, in 1585 the viceroy of New Spain, Don Luis de Velasco, the younger, Marqués de Salinas (1534–1617) established the General Court of the Indians (Juzgado General de Indios). As a specially designated court for the protection of native people, the Juzgado guaranteed that native people received abbreviated legal processes, summary judgments, and reduced or free legal services. AUDIENCIA Despite the legal protections proffered by the Juzgado, natives in New Spain recognized that having their case heard by judges or appealed to the audiencia could provide legal advantages, in certain cases. Similarly, native people in outlying provinces recognized the impracticality of bringing their cases before either the audiencia or the Juzgado in Mexico City, or the audiencia in Lima and relied on provincial audiencia judges to decide their cases. In the frontiers and outlying provinces, the provincial audiencia judges were generally the highest royal officials with whom the local population interacted. In addition to their judicial powers, audiencia judges generally possessed extensive executive and administrative authorities—being the first royal bureaucrats to arrive in newly conquered territories. The earliest audiencias, or royal courts, were established in Santo Domingo (1511) and Mexico City (1527, 1530) to rein in the conquistadors. Thereafter, they were founded as need dictated to assert royal authority and to resolve disputes between crown subjects—Spaniards, Africans, and Indians alike—in outlying regions; in the viceroyalty of New Spain, including the Audiencia of Mexico and the lesser courts of Santo Domingo, Guatemala (1544), New Galicia or Guadalajara (1549), and Manila (1583); and in the viceroyalty of Peru, including the Audiencia of Lima (1542) and the lesser courts of Panama (1538, abolished in 1543, reinstated in 1567), Santa Fe de Bogotá (1549), La Plata or Charcas (1559), Quito (1563), and Chile (1565, disbanded in 1575, reinstated in Santiago in 1609). Under the Bourbons, the Audiencias of Buenos Aires (1661–1672, reinstated in 1783), Venezuela (1786), and Cuzco (1787) were also established. Judicial System during the Spanish Period The administration of justice in the Philippines during the Spanish Period had five (5) components: a. The Law b. The Judiciary (ordinary court, special court, and prosecution) c. Law Enforcement Agencies d. The Prison System e. The Legal Profession Hierarchical Structure of the Judicial System During the Spanish Period The Crown (King of Spain) The Council of the Indies The Real Audiencia The Alcades-Mayores (Courts of First Instance) The Gobernadorcillos (Justice of the Peace Courts)  Special Tribunals during the Spanish Period 1. Ecclesiastical Courts 2. Army and Navy Courts 3. Commercial Courts 4. Contentious Court 5. Treasury Court 6. Probate Court 7. Juico De Residencia* Publications during the Spanish Period Jurisprudencia Civil Jurisprudencia Criminal Sources: http://sc.judiciary.gov.ph/387/ http://www.aseanlawassociation.org/papers/phil_chp1.pdf http://www.aseanlawassociation.org/papers/phil_chp5.pdf https://arellanolaw.edu/alpr/v4n1c.pdf Rodriguez, R., Legal Research, 2002 Edition, Pages 118-129, 151-160