WINGS OF THE MIND

Chapter 1:
Historical Approach
The quantum of legal knowledge is never lost; it descends from
people to people, between generations
It has periods of obscurity, followed by re-emergence, recovery and
forward progress.
Earlier civilizations and people are the sources of laws and legal
systems
Using the historical approach allows us to tell/hear the story about
who someone is and how he/she got there
Chapter 2:
Roman Law
Rome, it has been, has conquered the world thrice: through its armies,
its religion and lastly, its laws.
Roman Empire has been extinct for centuries but its influence on the
whole world has not ceased
Qualities of Roman Law
Universal Applicability
Equity
Roman Law has been the basis for some and an influence on the laws
of countries in Europe, Asia, and North America, among others
For example, in the US, there are 3 most striking illustrations
of Roman Laws influence on the American legal system and
jurisprudence
Identity of married women in relation to their
husband
Laws of Inheritance
Organized rules in framing case law
Framing of the Civil Code for whole Spain
1st draft in 1851 was rejected, after 8 years of creating it
Reappeared in 1880 but again failed
5 years later, in 1885, another attempt was made and finally
codified in 1888
The Civil Code was based on the Frances Code of Napoleonof 1804.
The Spanish Civil Code is a testament of the influence of Roman Law.

Early Philippine Legal System

Early Philippine legal system, way of life, and language are similar to
other Southeast Asian neighbors
Practices
Cognatic kinship = tracing descent through both male and
female lines
Animistic religious beliefs and practices
Settlements near rivers and other bodies of water to sustain
community life and for easier transportation access
The datu is the leader of these settlements.
Interactions between settlements are characterized by alliances, trade
and sometimes, wars.
Human resource was regarded as more important than land or natural
resources; politics revolves around personal relationships rather than
territorial interactions
Customs as Laws
E. Adamson Hoebels 4 Basic Elements
Norms
Regularity of Enforcement
Judgment Mechanisms
Enforcement
Prof. P.V. Fernandezs 2 Criteria (Legal Anthropology)
Rule of general applicabilityprescribing a norm of conduct
Sanction for disobeying the said rule
Islamic Influence
Sulu-first sultanate in the Philippines and one of the earliest
settlements which featured centralized government
became the center of Islam in the Philippines
Observed primus inter pares where the chief of the wealthiest
family/group in the area
Islam entered in 1450s when Abu Nalr arrived from Sumatra (now
Indonesia)
Abu Bakr introduced Islam not just as a religion but a state religion
Apart from religious practices, Abu Bakr also introduced its
concurrent political structures and social practices
Settlements were divided into districts administered by panglima
Lower than a datu

Tasks included collecting taxes and royal dues, adjudicated

disputes and organized conscripted labor
The principal code was called Luwaran which was considered second
to the Koran in authority
Arabic language also became more dominant and transformed the
Malay language
Caraga (now Davao Del Sur and Davao Oriental), Butuan, and
Dapitanbecame the trading centers

Aequitas - practical concession as the directive

principle of a progressive legal development which
finds itself in opposition to the strict civil law
Humanitas - contemplated moral, intellectual,
education, kindness, goodness, sympathy, and
consideration for others; it also softened the
relationship between parent and child

Spanish Antecedents of the Philippine Civil Code by Prof. Ruben F. Balane

Significant events:
Chapter 4:
o Rise of Phoenician city of Carthage accompanied by the rise
of Rome
I.
The Civil Code
o Three Punic Wars
Philosophy of Civil Code by Former Dean Pacifico Agabin
o Carthage was destroyed and Spain passed on to Roman
to study the history of the Civil Code is to go the history of Spain
sovereignty
because our laws are founded on the laws of Spain
o 300 AD: Decline of the Roman Empire vandals, alans, and
Laws of Spain based on the Roman law but to study Roman law
suevians invaded Galicia
well find out that it is greatly influenced by the Greek philosophy
o 400 AD: Huns hail from Central Asia
The laws did not have any explicit philosophy but it has religious
o 410 AD: Visigoths Under Alaric, Spain became a
foundations.
Visigothic kingdom. In 416, they established their capital in
Roman law- a combination of tribal customs, royal edicts and
Barcelona, then in Toulouse, and then in Toledo.
priestly commands.
In effort to formalize laws that will govern them, several codes or
- grounded on religion
collection of laws:
Roman model for the philosophy maybe represented by:
o Code of Euric - the oldest written Germanic law; intended
bonus paterfamilias- as the standard relation for
for conquerors, not inhabitants of Visigothic Spain
development of private law during the first period
o Breviary of Alaric has two parts: Text & Interpretation;in

jus aequum -corresponds to the principle of equity

sum, early Visigothic legal system is personal, not territorial
Distinguishing marks of the Roman law
o Code of Justinian the structure and content of our civil
One distinguishing mark of the Roman law during
code is influenced by Institute of Justinian
o Fuero Juzgo - There is recognition of natural & juridical
this period lies in the absence of an ethical element.
person similar to Art 37 and 44 of the New Civil Code. It also
Legal symbols-replaced the symbols of magic
provides that only freemen could be witnesses as contrasted
Contracts- became source of obligation
to Art 820 of the New Civil Code which provides those 18
it is the legal form that formed the causa for enforcing the
years old and above, not blind, deaf, dumb, and can read &
agreement in contracts.
write. It is also notable that slavery was considered a vitiation
Individualism- one common thread of Roman private law
of consent.
Two principles of Roman law operated to moderate the excessive
o Moors and Reconquest - during the Muslim invasion the
individualism:
primary source of law is Koran and the history of Spanish
Law developed into context of Christian Kingdoms

o
o

Partidas - Influenced by local laws and customs of Castile,

but preponderant influence from canon law and Roman law
of Justinian. Here, the principle of territoriality is preserved
and it provides that ignorance of the law is admitted as an
excuse for peasants, soldiers, and women.
Ordenamiento de Alcala - collection of laws with reference
to Civil Law
Leyes de Toro - it provided that juridical capacity is
possessed by the naturalmente nacido with the following
requisites:
Child must be born alive
It must survive 24 hours
It must be baptized
If any of these requisites were absent, the
child was abortivo
Nueva Recopilacion - sought to unify the diverse strands of
the Fuero Real, the Partidas, the Ordinance of Montalvo, the
Laws of Toro, and other laws. Its purpose was to clarify the
state of law, but failed because the organization was sloppy,
and the explanation was unclear.
Novisima Recopilacion de las Leyes de Espana - Charles
Vs effort to revise Nueva but much of it Much of it was a
rehash of Nueva

In the Philippines
Two main Spanish domains:
Mexico (New Spain)
Peru
Philippines -gobernacion under the vice-royalty of Mexico
Recopilacion de Leyes de los Reinos de las Indias called the most
impressive body of legislation in history
Royal Ordinance (1530)-established an order of preference of the laws
to govern colonies
Order of application:
1. Latest laws enacted for the colonies and decreed therein
2. Recopilacion de las Indias
3. Novisima
4. Nueva

5. Leyes de Toro
6. Royal ordinances of Castile
7. Ordenamiento de Alcala
8. Fuero Juzgo
9. Partidas
The Final Stage
August 19, 1843 a royal decreed constituted a Comison general de
Codigos
May 8, 1851 Commission submitted draft of Civil Code, divided
into a preliminary title and three books (Persons, Property and
Ownership, Modes of Acquiring Ownership)
Then, the passage of laws that are special in scope but general in
application made it easier to revive efforts to codify the civil law.
With the exception of Titles 4 and 12, Civil Code of Spain became law
in the Philippines
Finally, on 11 February 1889, it was decreed that new Civil Code
would take effect on May 1 of that year, but was promulgated on July
24, 1889
The New Civil Code
Civil Code still in force during American Occupation
President Roxas issued EO 48 on March 20, 1947, calling for a draft
of a Philippine Civil Code
RA 386: The New Civil Code took effect on Aug 30, 1950
57% of 2270 articles of the NCC were derived from the Spanish Code
43% - France, Argentina, Mexico, Louisiana, California, Switzerland,
and other countries
If we were to amend the New Civil Code, there must be a balance has
to be struck between contemporary relevance and a historical sense
Project Civil Code
Criticized because drafted in English not Spanish and contained
amendments
Some objections regarding specific provisions
Committee Chairman Bocobo answered the criticisms
Result of debates: No absolute divorce, only relative divorce (foreign
and Muslim)
Application of Justinian influence on New Civil Code

Precepts of Institutes of Justinian: to live honestly, to hurt no one, to

give everyone his due
This reflects in the New Civil Code with the inclusion of several
articles on violation on morals (Art 21), unjust enrichment (Art 22),
natural obligations (Arts. 1423, 1424, 1428, & 1429) and right
conduct (Art 19)
Application of American Law Influence
Individualism: private wrong should be redressed in private civil
action
Individualism is reflected through inclusion of Art 32 on damages on
violation of constitutional rights, Art 33 on damages for defamation,
fraud, or physical injuries and Art 26 for violation of privacy
H ISTORY OF P HILIPPINE CRIMINAL LAW
Pre-Spanish Period
Maragtas Code
Document which dated between 1200 to 1250 AD.
The penal provisions of the Maragtas Code were allegedly written and
compiled by Datu Sumakwel.
Among the provisions in this Code: those dealing with laziness, robbery
and childbearing. Thieves and robbers were penalized by cutting of their
fingers. A poor family was prohibited to have more than two children.
Recent scrutiny of scholars shows that the Maragtas is actually a fictitious
book of Visayan oral local legends written by Pedro Monteclaro, a Visayan
public official and poet, in Iloilo in 1907.
Code of Kalantiaw
Written in 1433 by Datu Kalantiaw, a chief on the island of Negros in
the Philippines.
According to some accounts, it was actually written in 1913 by Jose E.
Marco as a part of his historical fiction Las antiguas leyendas de la Isla de
Negros (Spanish, "The Ancient Legends of the Island of Negros"), which
he attributed to a priest named Jose Maria Pavon.
It is also said to be the only written codification of laws in pre-Spanish
period.
Other accounts say that it was translated by Jose Maria Pavon into Spanish
from the original Bisayan manuscript.

Philippine library actually possesses three old manuscripts written in

Bisayan characters which are strongly suspected to have been used by
Pavon.
Manuscript of 1837
1st Order:
Ye shall not kill, neither shall ye steal nor shall ye hurt the aged, lest ye incur
the danger of death. All those who this order shall infringe shall be condemned
to death by being drowned with stones in the river, or in boiling water.
2nd Order:
Ye shall obey. Let all your debts with the headmen (principales) be met
punctually. He who does not obey shall receive, for the first time one hundred
lashes. If his debt is large, he shall be condemned to thrust his hand thrice into
boiling water. For the second time, he shall be condemned to be beaten to
death.
3rd Order:
Obey ye: let no one have women that are very young; no more than he can
support; nor be given to excessive lust. He who does not comply with, obey,
and observe, shall be condemned to swim for three hours, for the first time, and
for the second time, to be beaten to death with sharp thorns; or he shall be
lacerated with thorns.
4th Order:
Observe and obey ye; let no one disturb the quiet of graves. When passing by
the caves and trees where they are. Give respect to them. He who does not
observe this order, shall be killed by ants, or beaten with thorns until he die.
5th Order:
Ye shall obey: he who makes exchanges for food, let it be always done in
accordance with his word. He who does not comply, shall be beaten for one
hour, he who repeats shall be exposed for one day among ants.
6th Order:
Ye shall be obliged to revere sites that are held in respect such as those of trees
of recognized worth, and other sites. He who failes to comply shall pay with
one months work in gold or in honey.
7th Order:
They shall be put to death: he who kills trees of venerable appearance; he who
shoots arrows at night at old men and women; he who enters the houses of the
headmen (principales) without permission; he who kills the fish called shark, or
streaked cayman.
8th Order:

Slavery for a doom (certain period of time) shall be suffered: by those who
steal away the women of the headmen; by him who keeps ill-tempered dogs
that bite the headmen; by him who burns the fields of another.
9th Order:
All those shall be beaten for two days, who: sing while travelling by night; kill
the bird Manaul; tear the documents belonging to the headmen are malicious
liars; or mock the dead.
10th Order:
It shall be an obligation: let every mother teach matters pertaining to lust
secretly to her daughters, and prepare them for womanhood; let not men be
cruel nor punish their women when they catch them in the act of adultery.
Whoever shall disobey shall be killed by being cut to pieces and thrown to the
caymans.
11th Order:
They shall be burned: those who by their strength or cunning have mocked at
and escaped punishment; or who have killed young boys; or try to steal away
the women of agorangs (old men).
12th Order:
They shall be drowned: all those slaves who interfere with their superiors, or
their owners or masters; all those who abuse themselves through their lust;
those who destroy their anitos by breaking them or throwing them down.
13th Order:
All those shall be exposed to ants for half a day: who kill black cats during a
new moon; or steal anything from the chiefs an agorangs, however small it be.
14th Order:
Those shall be made slaves for life: who have beautiful daughters and deny
them to the sons of chiefs, and with bad faith hide them away.
15th Order:
Which concerns their beliefs and superstitions. Those shall be beaten: who eat
the diseased flesh of the beasts which they hold in respect, or the herbs which
they consider good; who wound or kill the young Manaul, or the white
monkey.
16th Order:
The fingers shall be cut off: of all those who break idols of wood and clay in
their olangans and temples; of those who destroy the daggers of the tagalonas
used for killing pigs, or break the drinking jars of the latter.
17th Order:

Those shall be killed who profane sites where idols are kept, and sites where
are buried the sacred things of their diuatas and headmen. He who performs his
necessities in those places shall be burned.
18th Order:
Those who do not cause these rules to be obeyed: if they are headmen they
shall be put to death by being stoned and crushed; and if they are agorangs,
they shall be placed in rivers, to be eaten by sharks and caymans.
Spanish Period
Spanish laws and codes were extended to the Philippines either expressly
by royal decrees or by implication through the issuance of special laws for
the islands.
Philippine criminal law found chiefly in the Spanish Codigo Penal of
1870.
o Served as a basis for the preparation of the Penal Code for the
Philippines.
o Penal code was first published in the Manila Gazette on March 3
and 4, 1887 and took effect on July 14, 1887.
Aug. 14, 1898 after the capitulation of the Spanish Army, General
Merritt, Commander of the American Army, issued a proclamation
declaring that the Penal Code, together with other laws affecting private
relations of persons or property, should remain in force.
o Among which were the laws on malversation, opium, brigandage,
libel, treason, and sedition.
American Occupation
Attempts were made to revise the Penal Code.
One of these attempts was that of Rafael del Pan who published the
Correctional Code which embodied modern ideas and theories of
criminology.
Unfortunately however, the Correctional Code was not adopted.
Revised Penal Code
Oct. 18, 1927 the DOJ, by virtue of AO 94, created a committee headed
by Anacleto Diaz to prepare a revised draft of the Penal Code.
Taking into consideration the following:
o Penal legislation found in our statute books amending the
provisions of the Penal Code
o Rules laid down by the SC in its decisions applying, interpreting,
or otherwise discussing the provisions of the Penal Code
o Present conditions of the Islands

Draft was prepared by committee submitted to Philippine Legislature and

approved on December 8, 1930, becoming Act No. 3815.
RPC became effective on Jan. 1, 1932.
Mar. 20, 1947, Pres. Manuel Roxas promulgated EO 48, creating a Code
Commission for the purpose of revising all existing and substantive laws
of the Philippines and codifying in conformity with the customs, traditions,
and idiosyncrasies of the Filipino people.
o The draft of the Code of Crimes was submitted to Congress in
1951, but up to the present no action has been taken by Congress.
Martial Law
President Marcos issued several presidential issuances defining new
crimes and providing for their punishment.
All these laws were purportedly issued to prevent the alleged defamation
against political institutions of our country, but were in fact measures that
abridged the freedom of expression of the people.

Expressly defines the elements that each crime comprises, and the
existence of all these elements have to be proven beyond reasonable doubt
in order to secure conviction.
Not all crimes in the Philippines are penalized under the Code.
o Certain acts, such as the illegal possession of firearms, are
penalized under special legislation contained in Republic Acts.
o E.g. Dangerous Drugs Act of 1972 and later the Comprehensive
Dangerous Drugs Act of 2002.
Amendments to provisions of RPC:
Republic Act No. 8353, the Anti-Rape Law of 1997.
o Prior to the 1997 amendments, rape had been classified as a crime
against chastity and was defined as "having carnal knowledge of a
woman.
o Under the amendments, rape was reclassified as a crime against
persons.
o The definition was further expanded from mere "carnal
knowledge of a woman" and now included "an act of sexual
assault by inserting his penis into other person's mouth or anal
orifice, or any instrument or object, into the genital or anal orifice
of another person."
Abolition of the death penalty in 2006.
o Highest penalty currently imposable under the RPC is
reclusion perpetua, which ranges from 20 years to 40 years
imprisonment.

Among the decrees issued were the following:

PD No. 33
o Penalizing the printing, possession, distribution, and circulation of
certain leaflets, handbills, and propaganda materials and the
inscribing or designing of graffiti

PD Nos. 1727-A and 1804

o Prohibit and penalize the grant of permits to certain persons
PD Nos. 1835 and 1975
o An Act to outlaw the Communist Party of the Philippines and
CHAPTER 5
similar associations, penalizing membership therein
American Era and Influences
President Corazon Aquino
Many cultural influences, but its greatest has been the constitution1
Issued several Executive Orders repealing and abrogating special laws
issued by Marcos which abridged freedom of expression.
The Constitution As a Document
Social compact which binds the people and the government
To the people: agreement for common concerns
The RPC today
Criminalizes a whole class of acts that are generally accepted as criminal,
To the citizens: measure of security
such as murder or homicide, rape, robbery and theft, and treason.
To the government: as a charter, a mode of organization, outlining
Penalizes other acts which are considered criminal in the Philippines, such
functions, distribution of power
as adultery, concubinage, and abortion.

A form of checks and balances; all acts done are pursuant to the
Constitutions authority as the fundamental law of the land

Fundamental Law to Written Form

Started with the Mayflower Compact, which was the first written
document of governing laws
Nations began to adopt formal written constitutions led by the newly
independent American states, which was followed by France,
Germany and other European countries, by the South American
nations, and finally the Oriental peoples
From 1800 to 1880, more than 300 constitutions were established
The written constitution was an example set by the written
constitution of the United States
Constitutions were sometimes drafted by regular legislative bodies,
but a vas majority had special constituent assemblies convoked for the
special purpose of making a constitution
The Philippine Constitution
Justice Malcolm (in Vicente Franciscos book, Constitutional History)
said that, Philippine constitutional history is, in reality, but a tracing
of the development of national ideals
The development of the Philippine constitution was brought about by
two divergent systems of law through two divergent civilizations
o Systems of law: Roman-Spanish civil law and AngloAmerican common law
o Civilizations: Latin and the English American
Two systems of law through the two civilizations met in the
Philippines
o Evidenced by the massive influence the two countries had on
the constitutional history of the Philippines
Countries that influenced the constitutional history:
o Spain ignited the yearning for freedom, for government, for
a set of rules, for a constitution
o United States influenced the means and the manner by
which a constitution was formed
o Philippines indigenous, cultural practices that were
uninfluenced by colonizers

Japan the test of the newly-created constitution, which

tested its strength as the first governing law of the land;
although there was a 1942 constitution, Philippines reverted
to the use of the 1935 after the Japanese left

How the Philippine Constitution was Influenced

Spain

Developmental influences, cultural influences, religious influences

Spanish concept of government, laws, and political and civil
institution were brought to the Philippines
Of the numerous constitutions in Spain, only a few were extended to
the Philippines and the inhabitants failed to secure the benefits granted
by Spain to its citizens
Biggest participation the Filipinos had in Spanish law was having a
representative in the Spanish Cortes in 1810-1813, 1820-1823, and
1834-1837 it was eventually removed
Efforts to revive representation in the Spanish Cortes was done
o 52 petitions were filed
o Prayer in the petitions: In exchange for the loyalty of so
many generations, in exchange for so much blood shed for
Spain, the present generation does not ask for anything which
will mean a sacrifice to the metropolis of its ideals, nothing
which should impose any burden on its interests at all; it does
not ask anything but a little consideration; it only asks to
have its voice be heard, - that it be allowed to express its
necessities by means of representatives freely elected by the
vote of the interested parties
o None of the proposals received consideration from the
Spanish government
Sinibaldo de Mas recommended the institution of a legislative
assembly in the Islands and the ultimate transference of authority to a
Philippine constitutional government, but the report was pigeon-holed
THE HEART OF IT:
o Failure to extend the Spanish Constitution to the Philippines,
failure to provide Filipino representation in the Spanish
legislative body, failure to grant representative institutions to
the Filipinos = DISASTER

o
o

Caused the Ilocano revolt in 1814 and was one of the causes
of the general revolts in 1896 and 1898
This sparked the Filipinos desire to create or have their own
constitution, the need to be protected by a set of laws

United States
Infrastructural influences, cultural influences, developmental
influences, sociological influences
Began with the Treaty of Paris, which was ratified in April 10, 1900
After the Philippines was sold to America, American principles of
government and well-embedded tradition in the US constitutional
system were gradually transplanted, bodily an partially, to the
Philippines
The US Constitution did not ex proprio vigore (by its own force)
extend to the Philippines but its influence was felt every time the
Congress of the United States legislated for the Philippines
o Legislature was guided by the principles laid down in the
American Constitution
o Manner of enforcing and running government used the
American models in the US
o Whenever a statute by the American Congress was passed for
the Philippines, the body of English and American
jurisprudence accompanied it as counterpart of the legislation
The English Common Law
o Common law is judge-made law and judges are the living
oracles of the law
o The strength of this law lies in concrete controversies as
opposed to modern Roman law, which thrived in the logical
development of abstract conceptions
o This type of law sprouted its seeds from customs and
religions, which is probably the reason why the Filipino
culture took to it quickly and easily enough
o In England (as in the Philippines), the law started with
supernatural beliefs, ceremonial acts and words which had to
be punctiliously performed
o Ceremonials evolved into customs and traditions and later
embodied as compilations of the common law

Feudalism, Christianity and foreign language influenced legal

history because of their influences on the cultural
development, on which common law thrived
Common Law in the United States
o In the 19th century, the Puritan attitude of protecting
individuals against the government emphasized the principle
of individual liberty
o The concept of individualism as imported into the Philippines
through the American constitutional principle of due process
of law
o Embodiment of what Thomas Jefferson said that the
government that governs least is the government that governs
best, which showed a higher degree of respect for peoples
freedom
o

How the Constitution Was Created

Through the development of the Filipino culture
Historical determination
Philippines
Most neglected influence, but is of the greatest importance
Filipino influence on the Constitution set the framework, the nature,
and the personality of the Constitution
Before the coming of the Spaniards, the Filipinos had a culture of their
own
Filipinos had national traditions and customs; the Philippine way of
life was not wiped away
It is the mind and the personality because in the formulation of the
Constitution, although there were heavy American and Spanish
influences, the delegates to the Constitutional Convention rejected as
much of such influence which is incompatible with Filipino traits and
the spirit of nationalism
The revolution against Spain and the US first permitted of a practical
demonstration of Filipino aptitude for government
Documentary influences to the constitution in the Spanish era:
o Cartilla and Sanggunian Hukuman, the Charter and the Code
of Laws, and Morals of the Katipunan by Emilio Jacinto
o Malolos Constitution by Felipe Calderon

Most of the documents were like the Spanish Constitutions

because these were the only documents with which the
Filipinos had familiarity
Cultural and historical influences to the constitution in the Spanish
era:
o Revolutions and the ardent fight for FUNDAMENTAL
RIGHTS so that Spanish rights may be extended to Filipinos
o Clamor for the right to liberty of conscience, freedom of
speech and of the press, freedom of association, freedom of
worship, freedom to choose a profession, the right to petition
the government for redress of grievances, and the end to
abuses, especially by the Spanish friars and the Guardia
Civil, the right to education
o Anecdote of the authors mother, Ana Tanseco-Juan, whose
educational rights were deprived and her consistent and
persevering fight for it: Ana Tanseco-Juan was prevented by
her father from attending schoolpulled her hair (which was
up to her ankle) and dragged her out of the classroom, and
even when she was promoted to a higher grade, her father
wanted her to stop schooling; when she became Miss
Malolos in HS, her father decided to make her stop; then,
when she attended the UP in Padre Faura, her father stopped
all her allowances and it was her eldest brother, Carlos
Tanseco (Olympic basketball star), who spent for her
education
o Failed Propaganda Movement and the establishment of the
Katipunan for the creation of an independent Filipino nation
representatives were engaged in various constitutional
projects to reflect the longings and aspirations of the Filipino
people
o Several types of governments were established in different
areas of the Philippines, the most prominent of which was the
Republican government in Biak-na-Bato
The Constitution of Biak-na-Bato was created which
was exactly like the Cuban Constitution, but it
included 4 articles which composed the Bill of
Rights
This was the first attempt at a Constitution and it is
clear how the cultural and historical events during
o

the Spanish era influenced how early Filipinos

conceptualized their notion of a constitution
o Spanish-American War broke out, and Aguinaldos dictatorial
government was established
o Dictatorial government eventually abolished and a
Revolutionary Government with a Revolutionary Congress
was established to make a Constitution the Malolos
Constitution was created, drawing influences from the
Cartilla, the Sanggunian Hukuman, the Charter, Code of
Laws, etc. and it borrowed its general outline from Costa
Rica, Chile and Spain, while drawing influences from the
Constitutions of Belgium, Mexico, Brazil, Nicaragua, Costa
Rica and Guatemala (countries said to resemble the Filipino
people in a cultural and historical aspect)
o Due to the war, the Malolos Constitution was never put in
force
The American occupation prompted the Filipinos to assume a
responsible part in the government of their own country, which
influenced them to want to create a Constitution of their own
o US President William McKinley sent Jacob Gould Schurman
to asses the Philippine situation in the early months of war
o Schurman reported that the Filipino people wanted above all
a guarantee of those fundamental human rights which
Americans hold to be the natural and inalienable birthright of
the individual but which under Spanish domination in the
Philippines had been shamefully invaded and ruthlessly
trampled upon
o McKinley, in his instruction on April 7, 1900, provided an
authorization and guide for the establishment of a civil
government in the Philippines, which stated that in every
division of government, inviolable rules must be imposed
almost literal reproductions of the First to Ninth and
Thirteenth Amendments of the US Constitutions, with the
addition of the prohibition of bills of attainder and ex post
facto laws = Magna Carta of the Philippines
o Inviolable rules were replicated almost exactly in the
Philippine Bill of 1902, which temporarily provided for the
administration of the affairs of civil government in the
Philippine Islands and also prohibited the extension of the US
Constitution

The Philippine Autonomy Act of 1916 or the Jones Law was

enacted, which was an act to declare the purpose of the
people of the US as to the future of the Philippine Islands and
to provide an autonomous government
o The Instruction (Magna Carta), the Philippine Bill of 1902,
and the Jones Law extended the guarantees of the American
Bill of Rights to the Philippines
o Eventually the Tydings-McDuffie Act was passed, wherein
the US Congress granted independence to the Philippines and
authorized the Filipino people to formulate their own
constitution; it also provided that the government shall be
Republican and that the constitution should contain a Bill of
Rights
The constitution of the Philippines came to being by the joint action
of:
o Congress of the US
o Philippine Legislature
o Constitutional Convention
o President of the US
o People of the Philippines
o

Mexican Constitution, the Constitutions of several South American

countries and the English unwritten constitution
It was approved on February 8, 1935, signed on February 19, and US
President Franklin Roosevelt affixed his signature on it
The Filipino voters, by majority vote, ratified it on May 14, 1935

Japanese Occupation: The Constitutions Test of Strength and Resilience

Shortly after the 1935 Constitution was ratified, the Philippines was
invaded once again by foreignersthe Japanese
Under the Japanese rule, the Japanese premiere promised
independence to the Philippines if it cooperated as one of their
partners in the establishment of the Greater East Asia Co-Prosperity
Sphere

The Filipinos acted with indifference towards this promise because

they knew (from historical experience) the kind of independence they
would be given
Later, the premiere said he was convinced of the propriety of an early
Philippine independence, so a preparatory commission was created by
the Japanese High Command, which was tasked to draft a constitution
The 1943 Constitution was finished and signed on September 4, 1943
and was later ratified by 117 Kapisanan ng Paglilingkod sa Bagong
The 1935 Constitutional Convention
Pilipinas (KALIBAPI) delegates to the general assembly
The Convention preferred to be generally conservative and said that
The 1943 Constitution contained a preamble and 12 articles, and was
the Constitution must be anchored on the experience of the people
transitory in nature, meaning it was only intended to be in force for the
The Constitution should provide for institutions which were the
duration of the war
natural outgrowths of the national life, which shows the absorption of
Jose P. Laurel was elected the President of the so-called Republic, and
the concept of common law
a month later, the Japanese-sponsored Republic of the Philippines was
The Convention decided to sanctify the institutions tested by time and
inaugurated
the peoples experience in order to confirm the practical and
However, after the Filipinos reclaimed the country, the 1935
substantial rights of the people
Constitution was resurrected and used as the fundamental law
The Convention drew substantially from the organic acts which
governed the Philippines for more than 30 years, particularly the Jones Other Influences
Law
Legal Procedure
o The Jones Law was one of the main sources because the
o There were influences from Spain, such as the Laws of
provisions contained in it were tested in the Filipino
Criminal Procedure which accompanied the Penal Code of
experience and was deemed compatible with the Filipino
Spain and continued to be in force during the American Era
culture
by virtue of General Orders No. 58
The 1935 Constitution bore traces of: the Malolos Constitution,
o General Otis issued General Orders No. 58, the Code of
German Constitution, the Constitution of the Republic of Spain, the
Criminal Procedure, which said that existing laws shall

remain valid except if modified or repealed expressly, or by

necessary implications
o When the Rules of Court of the Philippines were created, it
became a supplement to Act 190 (Code of Civil Procedure)
which was inspired by Californias code
Legal Ethics
o Early influences came from the French Kings, who issued
edicts regulating the practice of law
o In application, the code of legal ethics were unwritten and
rules could only be ascertained from court decisions and
fragmentary discussions in text books
o The regulations on legal ethics were collected in a code of
rules for advocates, and state bar associations began adopting
codes of ethics (the first was the State of Alabama)
o The American Bar Association adopted canons of ethics,
which the Philippine Bar Association adopted
Judicial Ethics
o In the Spanish era, the only liability for violating the rules
due to inexcusable negligence or ignorance in pronouncing a
ruling or judgment manifestly contrary to law was monetary
payment
o Possibly concurrent with the establishment of codes of legal
ethics, the first Canons of Judicial Ethics was adopted by
Justice Ozaeta
o Chief Justice Marcelo Fernan created a committee to draft a
proposed Code of Judicial Conduct
o Chief Justice Hilario Davide represented the Philippine
Supreme Court at a roundtable meeting of Chief Justices at
The Hague, which approved the Bangalore Draft of the Code
of Judicial Conduct intended to be a Universal Declaration of
Judicial Standards applicable to all judiciaries all over the
world

CHAPTER 6
Chapter 6: Japanese Occupation
1941:
* William Howard Taft,

-Secretary of War of the United States of America, considered giving the

Philippines complete independence to avoid attacks.
*President Manuel L. Quezon
-Field Marshall of the Philippine Army,
*General Douglas MacArthur
-representative of the US Forces in the Philippines
*Commonwealth Act. No. 1, or the National Defense Act, which provided for a
Citizens Army to act as a defense against foreign invasion.
*Japan had already conquered Manchuria, some areas in mainland China and
French-Indo China, and was eyeing the Philippines to further their endeavours
of furthering their conquered territory.
*United States Army Forces in the Far East or USAFFE.
-Combined US and Filipino forces
-commanded by General MacArthur.
* December 7, 1941
-Japanese attacked Pearl Harbor the primary US Military base in Hawaii.
-A few hours later, attacks in Clark Field in the Philippines followed.
-This signalled the start of World War II after the United States, with but one
dissenting vote in Congress, declared war on Japan. England immediately
followed suit.
- Manila was declared an Open City, and in accordance with international laws,
all arms were dropped. However, Japan continued their onslaught and Manila
was easily occupied by the Japanese.
-USAFFE then trooped to Bataan, where the location provided a home
advantage for the Filipino and American forces.

-After 3 months of holding off the enemy, General MacArthur was forced to
leave for Australia, where he would eventually pool more American forces that
would come to the aid of the Americans. This is where he promised the
Filipinos I shall return.

*He was then succeeded by Vice President Elpidio Quirino in 1948 after the
former died of a heart attack.

*General Edward P. King, the commander of the Bataan forces, surrendered.

-able to break the backbone of the Hukbalahap Movement, a movement

composed of Filipinos who pledged allegiance to the Japanese occupants.

*Death March
-The USAFFE was then forced to march from Bataan to San Fernando
Pampanga
*1944
-General MacArthur returned with more American Forces, and finally
penetrated Japanese Defenses in the Battle of Leyte Gulf.

*Ramon Magsaysay was appointed Secretary of National Defense,

-eventually became president, and during his term, focused on agrarian reform.
-The Retail Trade Nationalization Law granted exclusive right to Filipinos to
engage in retail business in the country.
-This complemented the Laurel-Langley Agreement, where free trade with the
United States came to a close. Tariffs were then imposed on imports.

-The liberation of Manila then ensued

CHAPTER 8

-MacArthur established a civil municipal government in Tacloban, Leyte after

proclaiming that the entire Philippines was liberated from Japan on July 4,
1944.

CHAPTER 9
CHAPTER 10

*Potsdam agreement
-called for Japan to surrender peacefully,
-Japan still continued to fight in the Second World War
-The Allied Powers were then forced to drop nuclear bombs on Hoshima and
Nagasaki in Japan to force them to surrender.
-As expected, Japans surrender at Tokyo Bay followed.
Chapter 7:
Philippine Independence and the Philippine Republic
*President Manuel Roxas restored the 1935 Constitution.

History of Impeachment
British Parliament:
Emerged from the common law practice of the House of Commons
Served as a check against the Kings men since the King cannot be
impeached
US Jurisprudence:
The first exercise of judiciary power was done in the case of Marbury
v Madison. The purpose of which is to review an act of the executive
or the legislative department whether it is repugnant to the
Constitution.
Impeachment

The purpose and the exercise of the entire impeachment process is

based on PUBLIC TRUST
Sec. 1, Art. XI of the 1987 Constitution of the Philippines states:
Public Office is a public trust. Public officers and employees must at
all times be accountable to the people, serve them with utmost
responsibility, integrity, loyalty, and efficiency, act with patriotism and
justice, and lead modest lives.
In Lecaroz v Sandiganbayan, the Supreme Court, speaking thru Chief
Justice Enrique Fernando states that impeachment is limited to
REMOVAL FROM OFFICE and DISQUALIFICATION to hold ANY
office of honor, trust or profit under the Republic of the Philippines,
and that the party convicted shall be liable and subject to prosecution,
trial and punishment, in accordance with the law
Who May Be Impeached:
Sec. 2, Art. XI of the 1987 Constitution of the Philippines states:
The President, the Vice-President, the Members of the Supreme Court,
the Members of the Constitutional Commissions, and the Ombudsman
may be removed from office, on impeachment for, and conviction of,
culpable violation of the Constitution, treason, bribery, graft and
corruption, other high crimes, or betrayal of public trust. All other
public officer and employees may be removed from office as provided
by law, but not by impeachment.
Grounds for Impeachment:
Bribery
Graft and Corruption
Treason
High Crimes
Culpable Violation of the Constitution
Betrayal of Public Trust
Betrayal of Public Trust:
New ground for impeachment under the 1987 Constitution
Existing grounds: treason, bribery, graft and corruption and other high
crimes

Catch-all phrase: There is ambiguity in the phrase. ConCom

recognized HUMAN ERROR and GOOD FAITH precluded an
adverse conclusion.
PUBLIC TRUST: Acts that should crust as to constitute betrayal of
public trust as to warrant removal from office may be less than
criminal but must be attended by bad faith and of such gravity and
seriousness as the other grounds for impeachment

Impeachment in the United States:

NIXON V UNITED STATES
o The power to impeach has been deliberately and exclusively
lodged in the legislative
o No judicial involvement
o No judicial review
o Questions regarding impeachment cases are non-justiciable
o Without qualification, legislature is the sole and only entity
on which the power to impeach is reposed
The Impeachment of Chief Justice Renato Corona
Justice Renato Corona was appointed by then President Gloria
Macapagal-Arroyo as the Chief Justice in 10 May 2010
Coronas appointment was surrounded by controversies, especially the
issue that it was a midnight appointment.
Incoming President Benigno Aquino III refused to take his oath of
office before Chief Justice Corona as the 15th president of the Republic
of the Philippines. Instead, Aquino requested that Supreme Court
Associate Justice Conchita Carpio-Morales to be the one to administer
his oath
11 December 2011, 188 members of the House of Representatives
signed the Articles of Impeachment to oust the Chief Justice
Trial began 12 January 2012, with Rep. Niel Tupas as Head of the
Prosecution and Serafin Cuevas as Head of the Defense Panel
Several charges were filed against Corona. However, the prosecution
only focused on Coronas violation of Articles II, III and V of the
1987 Constitution
20 voted for his conviction and 3 voted for his acquittal
Corona is the first Chief Justice of the Philippines to be impeached