1

Scrutinizing the Labor Standards in The Philippines Dating 1380-1640 from Selected
Primary Sources and Their Modern-Day Counterparts

Submitted by:
MARK GIL J. RAMOLETE, MA LLM
ramoletemarkgil@yahoo.com
ANGELA C. TENORIO, PhD
actenorio@sle.edu.ph
09158948696
JADE LOUIS P. BURIGSAY
burigsay2298@yahoo.com
09292806968
SAGADA IDAN ROI C. GASMENA
sagadagasmena@yahoo.com
09053484694
PHILIP FOX M. MACALINO
foxmacalino@gmail.com
09952190936
RICHARD BON CLAYTON S. MENDOZA
bonclayton@yahoo.com
092980092093
LEA ONESSA P. AGUSTIN
leaagustin@yahoo.com
0945827482
SHEILA MAY RJ L. BERNARDO
Aliehs_rj98@yahoo.com
CLARENCE JOY L. CANGOY
joy.clarence11@gmail.com
09174182898
JANINE DAWN B. GALINGAN
Janinedawngalingan42@gmail.com
09174182898
LYKA GRAIL M. OREIRO
grailoreio@yahoo.com
09950910156

BACHELOR OF ARTS IN LEGAL STUDIES

MAY 2019

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ABSTRACT
Specific pieces of legal history manifest important facts about the way in which the early legal
structures worked. Since the past and the future are in constant dialogue in any legal system,
especially in as much as it concerns legislations and institutions, legal history has a vital role to
play in establishing such living law. This research aims to understand the processes, purposes and
nature of the labor standards in the Philippines and to expand the knowledge as to the evolution of
the labor standards by thoroughly understanding the documents in the past as basis or source of
how the legal structures in the Philippines operates in the present. To attain such objectives is to
find out what are the similarities and differences between the past and present labor standards and
the present ones and how do the labor standards in the Philippines in the past provide protection
on their rights and in continuity with the present? To answer these questions, the researchers have
used a series of qualitative research methods such as the comparative archival method, thematic
analysis, and textual statistics. The findings showed that there were already labor structures in the
past such as but not limited to the regulation of payment of wages, negotiation of the terms of
employment and an imposition of maternal leave. There were also the imposition of sanctions and
penalties, liability in case of non-compliance, and regulation of the processes and practices of the
labor standards. Since this is a relatively overlooked field of research, this paper could serve as a
foundation for future researches concerning the evolution of a legal system.
Keywords: labor relations, working conditions, worker’s rights, hours of work, benefits

INTRODUCTION
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Background of the Study

The culture, civilization and progress of a people is best reflected not in its history but in its
laws. Legal History would refer to the study of interactions and relationships between historical
legal structures through primary sources to identify the correct rule of law (Halpérin, 2016). Hence,
it will serve as a tool to mediate ambiguities and establish an image of law in politics and society.
Legal History is everywhere, to a greater or lesser degree, for law surely is imbricated, overlapping
with everything else (Thompson, 1975). Legal History is a form of the history of ideas, or
intellectual history, the objective of which was to identify ‘the rise and fall of paradigm structures
of [legal] thought designed to mediate contradictions’ by reference to the contexts in which those
structures of thought acquired meaning (Gordon, 1996). Toby Milsom, an English Legal historian
once said “It is right to say clearly at the outset, that no major proposition in legal history is ever
likely to be final, and that any single picture must be a personal one.” (Ibbetson, 2017). Legal
History is profoundly misguided for the historian to attempt to apply the lawyer’s techniques of
identifying the ‘correct’ rule of law for the solution of a practical problem.” Rather, “it has to be
recognized that at any one time there may be a number of possible rules, or formulations of rules,
competing with each other.” (Musson & Stebbings, 2013). The study of legal history engages not
only the societal conditions and mobilization dynamics from which rights claims emerge, but the
reception of these claims by formal legal institutions (Schmidt, 2016). Legal History can also be
understood in a structuralist point of view where it is a way that generates intelligibility not through
the postmodern elaboration of a never-ending series of social contexts, but through the
construction of image and style, constrained by and operating through a conceptual structure. This
structure is neither apodictically accountable, nor always slipping down the rabbit hole of context-
dependent perception. Structuralist legal history, something quite other than late-twentieth-century
“critical legal history,” presents a yet-unexplored way to get to contemporary legal thought. Legal
History is a method for aligning legal indeterminacy within a structure of formal constraints, with
the tendency to produce an image of law’s constitutive role in politics, rather than the more familiar
image of politics as law (Desautels-Stein & Kennedy, 2015).

It is said that the critique of traditional legal history is misplaced, because the common law
method is actually historical, that legal history is embedded in case analysis because our system is
based on precedent. But in truth the search for precedent is a search for an apparently similar case
in a case report shorn of any context. Although the common law relies on the past, it relies on a
past that it constructs, not a contextual, complicated past (Phillips, 2010). At first educational and
didactic uses of the past were the product of an oral tradition but was replaced by a written one,
producing venerated texts. Examples from both ancient and later times abound: The Bible, The
Illiad and Oddysey, the Aenid, the American Declaration of Independence and the United States
Constitution (Rose, 2010). We're very much pre-occupied with the present structure of our legal
structures. We often disregard understanding how every detail of its structure was created.

The researchers propose a study that will benefit various sectors of the community. It benefits
the society by studying the legal history, specifically the labor standards in the past which will
enlighten the society of the developments and driving forces on the creation of laws and standards
as to the promotion of people's rights and welfare. This will pave way for a deeper understanding
of the present mechanisms of the government under the present labor standards. Studying legal

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history is also a dedication to traditional indigenous protocols in the sharing of information. It

benefits future researchers and students since Legal history is an underdeveloped field of research.
The study will serve as a reference to future studies. Furthermore, the study can serve as a guide
for students and researchers as an academic contribution.
Discovering and studying the labor standards in the past will give us a greater
understanding of the relevance and meaning of the mechanisms and processes under our present
labor standards. Knowledge of the past is highly important, since it provides all humans with our
collective stock of knowledge and experience (Corfield, 2008). There are many ways to think
about law. Basically, how we think about law is shaped by our experiences and history (Phillips,
2010). We know the western legal system through its courts, legislation, and enforcement, and by
its treatment of our peoples, lands, and resources. Since law is a cultural institution, societies that
are organized centrally will have centralized processes for enacting law. However, decentralized
societies do not have formal, centralized processes for enacting law (Napoleon, 2007). Legal
History matters because it teaches us about the contingency of law and its fundamental shaping by
other historical resources. It exposes the presence of many variants of legal pluralism of both in
the past and present. The past also has had more of a functional role. It was the source of authority,
wisdom, values, and morality. It served to guide, inform and instruct those in the present (Rose,
2010). An equally important reason why legal history matters is that it allows us to understand the
current status of law/modern-day law, it is always better to understand not just the shape that some
aspect of our present world takes, but also how it got that way (Phillips, 2010). Studying legal
history also gives a deeper understanding of law. Furthermore, legal developments cannot be
separated from other historical trends which makes a sense of history vital to understanding the
law (Phillips, 2010). Legal history turns allow interpretations, re-interpretations, and re-appraisals
of present law by offering historical analysis and by addressing the problematic of past law in
history’s present hence, they can offer insight as to how to position and understand future law
(Schultz, 2015). By looking at the legal history it is already possible to see how things have
changed and so we can critically identify where to make appropriate adaptations. Due to all of this,
we share many characteristics in our law to other countries (Phillips, 2010). Legal developments
are rationally and logically connected to other kinds of developments, and like other historical
change the pace is often slow, with old forms co-existing with a period of new ones (McLaren,
1994). Amidst the vast and changing welter of local customs, scattered rules, and casual decrees,
which every tribe and people has devised for its daily life, throughout all times and places in the
world’s history, there emerge only few peoples who have developed a well-defined, organized,
continuous body of legal ideas and methods, reaching the dignity and solidarity of a legal system
(Francisco, 1951). General Labor Standards refers to the minimum requirements prescribed by
existing laws, rules and regulations relating to wages, hours of work, allowances and other
monetary and welfare benefits, including those set by occupational safety and health standards
(Philippines, 1974).
Rationale of the Study
Studying Legal History serves as an important corrective treatment to the pitfalls, ambiguities
and voided history of legal structures, provides valuable guidance and great assistance for scholars
seeking to edit legal texts and assesses what legal history reveals about the development of
Philippine law. This research aims to understand the processes, purposes, and the nature of the
labor standards in the Philippines in the past. It aims to expand the knowledge as to the evolution
of laws by thoroughly understanding the documents in the past as basis or source of how the legal

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structures in the Philippines operates in the present specifically the labor standards and the
similarities and differences of past and present labor standards. This research is useful to
understand the complexities of the laws and other legal procedures before because it provides a
deeper understanding of the ideas and information about their nature and existence. With a good
grasp of these ideas, variety of discoveries would be made which will serve as an avenue for further
research and understanding of legal history. Legal history is an underdeveloped field of research,
this research could serve as a guide to everyone, especially the students, historians and jurors to
further understand the importance of studying the same. Most of the legal structures are dead and
without contemporary application. Their study derives its values from the fact that there is much
in the experience of the past that we can salvage; we should not waste what has been called as our
“usable” past.
In the international scene, legal history is viewed in different perspectives. Insofar as
Australian legal history is guided by the assumption that its task lies in cataloguing the English
connection in its various institutional and ideational manifestations on the one hand and in pointing
out uniquely Australian developments on the other’, we wrote, ‘it participates in the production
and reproduction of this paradigm’ (Duncason & Tomlins, 1982). British history then being
pioneered by John GA Pocock as the history of processes of ‘formation and disruption of state
structures’ corresponding with the expansion of a colonial periphery out from a lowland English
centre. In this formulation, ‘British’ history became oceanic and global, colonial and imperial
(Pocock, 1982).

In the Philippines, the historical system of studying law is developed even further, for the
reason that Philippine law is itself the product of a unique historical process (Francisco, 1951). It
is unique in a sense that Philippine legal history was influenced by many countries. “The system
of law and justice of the islands prior to the Spanish era were of Malay-Hindu-Chinese origin
(Francisco, 1951). Polarity in Philippine society with the skyland people always cast out and
declassified the latter as inferior and a minority in contrast to the rest of Filipinos, who are viewed
otherwise (Padang, 1991). Some parts of Philippine history which were immediately embraced as
a definitive source of existence of ancient Philippine legal system. Until the 20th century, historical
documents were rarely scrutinized, scholars such as Maureen Justiniano and William Henry Scott
debunked historical documents which were once deemed to be the foundation of the ancient
Philippine Legal System. The Code of Kalantiaw, for example was originally known as the key to
understanding ancient Philippine civilization and society. A research was held that actually
debunked the code finding stating that upon close examination of the actual laws listed in the penal
code there are contradictions and the laws themselves are just plain outrageous (Justiniano, 2011).
William Henry Scott, examined the available pre-hispanic source materials, including the Pavon
manuscript, which supposedly contained invaluable information on pre-colonial Philippine state
and society. Scott challenged the validity of several Philippine ancient documents while pursuing
his doctoral degree in Philippine history. Scott concludes that Jose E. Marco’s collection of ancient
documents, including the Pavon manuscript, “appear to be deliberate fabrications with no
historical validity. There is no present evidence that any Filipino ruler by the name of Kalantiaw
ever existed or that the Kalantiaw penal code is any older than 1914 (Scott, 1992).
Statement of the Problem
This research aims to have an understanding of the developments of the labor standards of
the Philippines to have a greater understanding of the relevance and meaning of the mechanisms
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and processes under our present labor standard. This research poses these questions:
a) What are the similarities and differences between the past labor standards and the present
ones?
b) How do labor standards in the Philippines in the past provide protection on their rights
and in continuity with the present?

METHODOLOGY
Research Design
The researchers have opted to use a qualitative research method, specifically the use of the
Comparative Archival Method, Intertextual Statistics and a Qualitative Research Protocol. Due to
the use of multiple methodologies to analyze the data, the researchers have used triangulation,
which is the combination of different sources leading to better knowledge or, according to
Nutbeam, it gathers evidence from different sources: the more consistent the evidence from
different sources, the more the validity of the results can be presumed. In other words: triangulation
is a method applying more than one approach to answer the same question. One form of
triangulation is the triangulation of methods where different methods (usually quantitative and
qualitative) are used to study the research subject, e.g., focus groups, individual interviews,
participant observations. Triangulation does not represent a single methodological concept but has
different understandings, of which the two most commonly used are that of triangulation as mutual
validation, and triangulation as the integration of different perspectives on the same investigated
phenomenon (complementary model). (Mheen, Coumans, Barendregt, & Poel, 2006) Patton
(1999) refers to triangulation as the use of multiple methods or data sources in qualitative research
to develop a comprehensive understanding of phenomena. Triangulation also has been viewed as
a qualitative research strategy to test validity through the convergence of information from
different sources. (Carter, Bryant-Lukosius, DiCenso, Blythe, & Neville, 2014) When a single
method is inadequate, triangulation is used to ensure that the most comprehensive approach is
taken to solve a research problem. According to Morse, methodological triangulation is a method
of obtaining complementary findings that strengthens research results and contributes to theory
development rather than duplicating findings. (Mheen, Coumans, Barendregt, & Poel, 2006) In
broad terms, triangulation can be understood as the use of multiple perspectives to gain a more
comprehensive understanding of something. (Kuorikoski & Marchionni, 2016) Methodological
triangulation is a type of study design in which multiple sources of data are integrated, which has
proven useful for producing a comprehensive evaluation of the effectiveness of a technique,
program, or intervention. A fundamental assumption of this approach is that each of the multiple
sources of data could give a slightly different picture of the phenomenon; therefore, each is
considered individually but then combined for a comprehensive view. (Drouin, Stewart, & Van
Gorder, 2015) Hence, triangulation, Davidson holds, will help us explain how the relevant objects
of communication are selected in the basic situations that endow our utterances with empirical
content. (Lasonen & Marvan, 2004). The most time-honored justification for doing historical
research is that people can learn from the past. Furthermore, historical research helps to identify
individuals as a community since the construction of links between past and present allow people
to be seen as part of a larger drama (Moore, 1997). The purpose of a historical research design is

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to collect, verify, and synthesize evidence from the past to establish facts that defend or refute a
hypothesis. It uses secondary sources and a variety of primary documentary evidence, such as,
diaries, official records, reports, archives, and non-textual information [maps, pictures, audio and
visual recordings]. The limitation is that the sources must be both authentic and valid. (Howell,
2001) This research shall limit itself only to primary and documentary sources. Primary sources
are first-person accounts that involve the oral or written testimony of eyewitnesses and these may
include documents, letter, observational notes, photographs, recordings, diaries, journals, life
histories, drawings, mementos and other relics (Berg, 2001). The researchers have opted for
primary sources because a primary source is more reliable than a secondary source which is more
reliable than a tertiary source, and so on (Garraghan, 1947). Qualitative approach (also known as
history by quotation) where the search for a story construed from a range of printed or written
evidence and the resultant history is arranged chronologically and presented as a factual tale and
the sources range from manuscripts (such as account books, school records, marginalia, letters,
diaries and memoirs) to imprints (such as textbooks, journals, children’s books and other books of
the period under consideration) (Moore, 1997). One of the aims of this research is to see the
relationship between the legal structures made during the pre-Hispanic and Hispanic period and
the laws at present. To initially analyze and establish a framework for the analysis of the primary
sources, the researchers shall use the thematic analysis method. Thematic analysis is a method that
is often used to analyse in primary qualitative research. (Thomas & Harden, n.d.) Thematic
analysis is the process of identifying patterns or themes within qualitative data which is the first
qualitative method that should be learned as it provides core skills that will be useful for conducting
many other kinds of analysis. (Braun & Clarke, 2006) Thematic Analysis is considered the most
appropriate for any study that seeks to discover using interpretations. (Alhojailan, 2012) Applied
during problem framing, thematic analysis helps researchers move from a broad reading of the
data toward discovering patterns and framing a specific research question. (Komori, n.d.) Due to
the nature of the data that will be analyzed, the researchers found that the most appropriate method
applicable to this research is the Comparative Archival Method. The comparative archival method
allows the researchers to dig deep in the past to see the context of the laws before, the nature of
creation and the background of these laws, and if possible, to see the evolution of these legal
structures by comparing them to present laws. The first step of the Comparative Archival Method
is the archival phase, it involves the study of historical documents that are created at some point
in the relatively past providing access that might not otherwise to the organization, individuals and
events of that earlier time (Ventresca & Mohr, 2001). Archival research is research involving
primary sources held in archives [sic], a Special Collections library, or other repository. Archival
sources can be manuscripts, documents, records (including electronic records), objects, sound and
audiovisual materials, or other materials (Pearce-Moses, 2005). The data used in this research will
be primarily from Blair and Robertson’s “The Philippine Islands”, which is a collection of primary
sources concerning the history of the Philippines from the Pre-Hispanic to Spanish era. The second
step is comparative analysis, it is conducted mainly to explain and gain a better understanding of
the casual processes involved in the creation of an event, feature or relationship usually by bringing
together variations in the explanatory variables or variables (Pickvance, 2005). The researchers
shall use the individualizing comparison method. Individualizing comparison contrasts ‘a small
number of cases in order to grasp the peculiarities of each case (Tilly, 1986). This basically
involves describing fully the characteristics or features each of the cases being studied. This helps
to broaden the knowledge and gives insight to see cases in-depth. This method cannot be said to
be truly comparative but makes use of comparison in a small aspect of the research (Frederickson,

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1997). The comparative analysis allows the researchers to see traces or patterns or similarities and
differences of the laws from the past and present by comparing and analyzing them.
Intertextuality is a basic principle of interpretation. As a mode of literary interpretation,
intertextuality holds that the interpretation of a text is often based on possessing critical knowledge
of other key texts. (Given, 2008) Reading and discussing texts as a means for learning subject
content are regular features within educational contexts. Drawing on the concept of text movability
and systemic-functional cohesion analyses, the approach combines a reader’s perspective and a
text perspective to show the participants’ reception of the text, and also what and how text content
is brought into the conversation and how it is handled. (Hallesson & Visén, 2016) Intertextuality,
the term defining the relationship and the similarity of a newly-produced text with previous ones,
has provided a broad array of subjects to be studied especially in social sciences. (Tasdan, 2018)
Theories of intertextuality are, as the term suggests, concerned with the relationship between texts.
Even though these theories can be regarded in quite different and often conflicting ways, one
common feature seems to be the emphasis on intertextuality as a defining characteristic of the
literary text itself. Harold Bloom, finally, concludes that there are no texts, but only relationship
between texts. Though similar in their focus on textual relationships these are assumptions that all
involve varying epistemological consequences. (Jansson, 2002) The use of statistical methods of
textual analysis offers an extremely rich exploratory approach, both for the comparative study of
texts and for the understanding of their content. The processing of information collected using the
technique of textual statistics has the undeniable advantage of using the responses to open
questions in the form that they are collected, without any change to the text. In this way, it is
possible to avoid the bias introduced in the stage of thematic post-codification. (Guerin-Pace,
1998)

The Qualitative Research Protocol is a tool that will be used as a guide to systematically
assess the primary and documentary sources under review. The validity of historical research can
be established through external criticism while its reliability is determined via internal criticism
(Lundy, 2008). This Protocol shall give a direction to the flow of discussion, particularly the
statement of the problems of the research. The protocol shall apply a content analysis, which is a
systematic examination of forms of communication used to objectively document patterns. In
general, text is broken down into categories and the presence of these categories is often quantified.
Discourse analysis also uses written, spoken, or signed language as its object but is concerned with
larger units of analysis such as conversations and the interrelationships between language and
society. The analytic process is iterative in nature. It involves inferring meaning and making
judgments on the part of the researcher. Often the researcher works between the past and the
present or between different examples of artifacts looking for relationships. Themes, patterns, and
refrains are sought (Lundy, 2008).

Scope and Delimitation of the Study

This research is focused on the labor standards in the Philippines dating 1380 to 1640 to
see the growth and development of the labor standards and its continuing evolution. The research
is then thus limited to the pre-colonial era until the first 75 years of Spanish occupation starting

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from the moment that Miguel López De Legazpi first came into the country (1565 AD). This
research is also limited to primary sources such as historical legal documents and documentary
sources such as modern legal documents which shall be interpreted through the use of a
comparative archival method and intertextual statistics.

FINDINGS
Table 1- Thematic Analysis of Labor Standards dating from 1380-1640 and their Modern
Counterparts
Source Labor Principle Labor Principle Emphasized
History of Sulu, VOLUME POST- The newcomers were taken into his fold and were given his protection,
V: before 1380s EMPLOYMENT; for which they rendered noteworthy service; but their relation was never
EMPLOYER – allowed to exceed that of a slave to his master or that of a subject to his
EMPLOYEE ruler, and the Samals thus remained like strangers or guests in the land
RELATIONSHIP until a late date.
VOLUME 1: 1493- 1529 REMUNERATION whatever else accrues to us in any way, you shall have and take the
FOR LABOR twentieth part
Contemporaneous
Documents—1518-27
Instructions to Juan de
Cartagena—April 6, 1519.
(Spanish accountant and
major participant in
Ferdinand Magellan's quest
to find a western sea route to
the Spice Islands)
Original document
translated by José M.
Asensio
History of Sulu, VOLUME NO RIGHT TO that they do not permit them to rest or to attend to their fields
V: 1566-1570 Doctor REST AND NO
Francisco de Sandé. FREEDOM
Before me:
Alonso Beltran, FORCED LABOR/ That slave traffic be allowed, “that the Spaniards may make use of them,
His Majesty’s notary HUMAN as do the chiefs and natives of those regions, both in mines and other
TRAFFICKING works that offer themselves.”

ARTICLE VI: 1583-1588 NO PAYMENT TO nothing is paid to the bishop

BISHOPS
Memorial to the Council
(JULY 26, 1586)
Memorandum of the Various
Points Presented by the
General Junta (civil
deliberative or
administrative council) of
Manila to the Council, So
That in Regard to Each the
Most Advisable
Reform May Be Instituted
(spiritual affairs of Manila
and the Filipinas)

Memorial to the Council PAYMENT OF workmen and mechanics in Manila be paid their wages here and not in
(JULY 26, 1586) WAGES Mexico

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Memorandum of the Various

Points Presented by the
General Junta (civil SOLDIERS That the soldiers should have no other duty or occupation.
deliberative or APPOINTED AND any one of the soldiers, on receiving an encomienda or other
administrative council) of NOT PAID; NO appointment, shall draw no more pay;
Manila to the Council, So OTHER DUTY while he draws pay, he shall not be allowed to trade or traffic.
That in Regard to Each the
Most Advisable
Reform May Be Instituted
(pertaining to the city of
Manila)
(April 20, 1586)

VOLUME VII: 1588-1591 SELLING OF They serve their master in his house and on his cultivated lands, and may
(June 24, 1590) MAIDS; PROFIT be sold
(wrote by Fray Domingo,
Bishop of the Philipinas)
AGE OF SOLDIERS The minimum age for military service is fixed at fifteen years
(August 9, 1589)
Customs of the Tagalogs MATERNAL she was compelled, when pregnant, to give her master half of a gold tael,
(Two Relations by Juan de LEAVE because of her risk of death, and for her inability to labor during the
Plasencia, O.S.F.) pregnancy
October 21, 1589

VOLUME XIII RIGHT TO Sangley himself has no freedom

FREEDOM
LETTERS TO FELIPE one peso per month
FROM PEDRO DE ACUNA
(1604) WAGE OF
WORKERS IN
WAREHOUSES
VOLUME XVI:
(1609) VOLUNTARY the service is voluntary, and paid by mutual agreement
SERVICE AND
SUCESOS DE LAS ISLAS PAYMENT BY
FILIPINAS- Dr. Antonio de MUTUAL
Morga (1609), Chapter AGREEMENT
Eighth

VOLUME XVII: WAGES OF That they be given in full the wages that they earn for their work
(1493 – 1898) FILIPINOS

TERMS AND Hardship of distances, the burden of the occupations, and compensation
DECREE REGULATING CONDITIONS OF for the other circumstances
SERVICES OF FILIPINOS- EMPLOYMENT
Felipe III; Aranjuez (May WORKING HOURS Governor assign the number of hours that they shall work each day
26, 1609) HEALTHY AND Indians may manage the oars without risk of health and life
SAFE
WORKPLACE

ABUSE/ILL - punish signally and rigorously the ill-treatment received by the Indians
TREATMENT

VOLUNTARY governor and captain-general shall take measures with the Indians so
WORK that they may aid in the works freely and voluntarily

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Volume XVIII: 1617-1620 PENALTIES FOR if they have committed any unlawful acts let them be punished, if
MISCONDUCT laymen, according to their guilt; and if they be ecclesiastics, let them be
Letters from the king to dismissed and sent to their own judge.
Fajardo (December 19, 1618)
give him orders regarding
certain matters in the
administration of the
Philippine government.

Letter to Felipe III. Andrés PERFORMANCE Offices shall be given to these citizens of the islands who deserve
de Alcaraz; August 10, 1617. LINKED rewards for meritorious services.
INCENTIVE
December 19, 1618 PENSION reward of certain pensions equivalent to the salary taken... which will be
I THE KING in excess of what services can merit.
By the command of the king
our lord:
JUAN RUIZ DE
CONTRERAS
Signed by the members of
the Council.

Volume XIX: 1620-1621 JUST CAUSE FOR the increase of pay that has been granted them shall be reduced for the
Letter to Felipe III. Alonso REDUCTION OF just causes contained in the despatches
Fajardo de Tenza: Manila, WAGES
August 15 and December 19,
1618

A letter from the Franciscan, HUMANE to abolish the repartimientos of forced service and supplies levied upon
Pedro de Sant Pablo (August CONDITIONS OF the Indians for shipbuilding and other public works by the colonial
7, 1620) WORK authorities. He recounts the oppression, cruelty, and enslavement caused
by this practice
Volume XXI: 1624 NON WORKING . No one worked, just as during a festal occasion; nor did he have to
HOLIDAY navigate under any consideration.
Early Recollect Missions in
the Philippines RIGHT TO OWN The custom that they observed with those slaves was, to behead them
General History of the PROFITS immediately after having fed them sumptuously
Discalced Augustinian
Fathers, By Fray Andres de DURATION OF it was sufficient for him to serve for six months scattered along through
San Nicolas EMPLOYMENT the twelve of the year.
Volume XXII: 1625-1629 EQUAL PAY FOR prepares new instructions and ordinances, which are designed to relieve
EQUAL WORK the natives from all oppression, and provide fair wages for their labor on
Letter from Felipe III to public works.
Madrid, May 6, 1608
UNEQUAL PAY And although they do more work than the Spanish soldiers, they receive
GROUNDED ON no pay, their food is scarce, and they are ill treated
DISCRIMINATION

Letter from Felipe IV to GROUNDS FOR not so much on account of his lack of health and eyesight, although he
Madrid, September 10, 1627 RESIGNATION has that, as for the ill-treatment inflicted upon him by the auditors

Volume XXVI: 1636 BENEFITS to the pay and rations which have been and ought to be given to many
of the persons who have served and who shall serve in his service in
SEBASTIAN HURTADO various posts of the sea and in other employments,
DE CORCUERA
Revision of pay and rations
made September 4, 1635

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Volume XXVII: 1636-1637 WAGES PAID You grant him that which he should have, in accordance with what you
ACCORDING TO consider due him for his work, past and present, in your affairs and
LETTER FROM FELIPE IV CONTRACT negotiations.
TO CORCUERA (October RIGHT TO
11, 1636) NEGOTIATE
TERMS OF
CONTRACT OF
EMPLOYMENT
RIGHT TO OWN
WAGES
Volume XXIX: 1638-1640 SAFE WORKING and it was all to spare the infantry from fatigue, although the latter had
CONDITIONS until then been employed in that duty with much more security to the
LETTER TO FELIPE IV city
FROM THE TREASURER
AT MANILA (AUGUST 31,
1638)
PD 447 Art. 83 HOURS OF WORK The normal hours of work of any employee shall not exceed eight (8)
hours a day.
Work may be performed beyond eight (8) hours a day provided that the
employee is paid for the overtime work, an additional compensation

1987 Constitution, Art 2,3 & WORKER’S BASIC 1. Equal work opportunities for all; 2. Security of Tenure; 3. Work days
13 RIGHTS and work hours; 4. Weekly Rest Day; 5. Wage and Wage-Related
Benefits; 6. Payment of Wages; 7. Female Employees; 8. Employment
of Children; 9. Safe Working Conditions

PD 447 Art 93. HOLIDAY PAY Compensation for rest day, Sunday or holiday work.
Payment by results; visitorial MINIMUM WAGE The Secretary regulate the payment of wages of result; orders the
and Enforcement power RATES stoppage of work when not in compliance

Basic Rights of workers; WEEKLY REST Basic Rights of workers such as: Equal work opportunities for all,
Freedom of Religion DAY Security of Tenure, Work days and work hours, Weekly Rest Day, Wage
and Wage-Related Benefits, Payment of Wages, Female Employees,
Employment of Children, Safe Working Conditions
Place of Payment; Wage PAYMENT OF Payment of wages shall be made at or near the place of undertaking;
Rationalization WAGES; WAGE minimum wage is fixed by RTWPB
STUDIES. WAGE
AGREEMENTS
AND WAGE
DETERMINATION
RA 138, PD 1495, RA 1638 RETIREMENT Payment of military personnel; retirement pay and other benefits
FROM SERVICE
RA 10381, Art. 142, 147, 128, EMPLOYMENT OF Protection of the rights of a domestic helper.
34, 285 of Labor Code HOUSE HELPERS
Minimum employable age PRE- No child below 15 years of age shall be employed; Certain more
EMPLOYMENT requirement to be a soldier other than age.
POLICIES
RA No. 7322, 11210 EMPLOYMENT OF Female who paid 3 months contribution shal be paid for her maternity
WOMEN leave equivalent to his basic salary; 105 days of paid maternity leave
credits
Withholding of wages and PROHIBITION Unlawful for any person, directly or indirectly, to withhold any amount
kickbacks REGARDING from the wages of a worker
WAGES
Art 102,103,105 of labor PAYMENT OF Payment shall be in money; paid at the right time and at the right place.
code; Minimum Wage WAGES
Art. 12, 92, 102, 273 of Labor PAYMENT OF Payment of wages in a contract and in a collective bargaining agreement.
Code WAGES;

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Time of payment PAYMENT OF Wages shall be paid at least once every two weeks or twice a month at
WAGES intervals not exceeding sixteen days
Occupational Health and OCCUPATIONAL Mandatory health and safety standards
Safety HEALTH AND
SAFETY
Art 147,128,285 of Labor EMPLOYMENT OF Proper treatment of domestic helper
Code HOUSE HELPERS
RA 9418 Voluntary work for community buiding
RA 7641 RETIREMENT PAY In case of retirement, the employee shall be entitled to receive such
retirement benefits as he may have earned under existing laws and any
collective bargaining agreement and other agreements
PD 447 Art 162 SAFETY AND enforce mandatory occupational safety and health standards to eliminate
HEALTH or reduce occupational safety and health hazards in all workplaces and
STANDARDS institute new, and update existing, programs to ensure safe and healthful
working conditions in all places of employment.

PD 447 Art 12 FREE CHOICE OF facilitate a free choice of available employment by persons seeking work
EMPLOYMENT in conformity with the national interest
PD 447 Art 280 REGULAR AND an employment shall be deemed to be regular or casual depending on the
CASUAL nature of the employment
EMPLOYMENT

Discussion:
This table is the result of the extraction of labor concepts that were found in Blair and
Robertson’s “The Philippine Islands” primary sources. The researchers found that in 1300s was
the initial development of structures of labor standards. The existence of a system that governed
wages earned by laborers showed that workers had the right to own their wages, usually paid based
on the contract or mutual agreement between the employer and employee or based on the services
rendered by the employee, and their right to own pensions. The employees also had a right to
negotiate the terms of employment with their employers. The concept of a non-working holiday
also had already existed in the 1600’s, although it was unclear as to whether or not the laborers
were still entitled to compensation during such days. The primary sources also showed that there
was a minimum age of employment, but none of the sources provided for a maximum one. As for
maternal leave, such benefit was only granted to those whose father of the child belonged to a high
social class and the mother had to pay a fine to reimburse the service that she is unable to provide
in the duration of her pregnancy. Filipino workers were treated poorly by their employers and this
would result to unequal pay which was grounded on discrimination.
The modern table was derived from present social legislation such as Presidential Decree
447 – The Labor Code of the Philippines, the 1987 Constitution and several Philippine Republic
Acts that govern labor conditions. The Modern table shows a more established and developed legal
system governing labor conditions.
To evaluate the extent of protection provided to Filipinos in the past and the present, the
researchers have used the eight rights of workers provided for by the modern-day legislations as a
criterion. These rights are equal work opportunities for all, the right to security of Tenure, the right
to proper work days and work hours, the right to a weekly rest day, wage and wage-related
Benefits, the right to payment of wages, special protection given to women and children
employees, and lastly the right to safe working conditions. It can be found in the data gathered that
there was no protection provided for either equal opportunities for all or the security of tenure. In

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some instances, it showed that once a person has chosen a particular vocation, they were no longer
allowed to choose a different vocation due to the circumstances at the time. The sources did not
provide for any provisions that granted for the security of tenure, but now Presidential Decree 447
provides for both of these to the extent that the employer shall not terminate the services of an
employee except for a just cause and that the State shall provide equal work opportunity regardless
of gender, race, or creed. The work days and hours of work was dependent overall on the physical
constitution and well-being of the worker, instead of there being a fixed amount of time and days.
As for rest days, laborers had no rights either to a weekly rest day, but were however granted the
right to rest on holidays. Now, Presidential Decree 447 provides for normal hours of work rendered
in a day which is 8 hours and a mandatory rest day once a week. For the rights of the special
protection of women and children employees, the only right that the researchers could find that
provided for protection of female employees was the right to maternal leave. This maternal leave,
however, was difficult to avail of, available to only a few employees and was in favor of the
employer. As for the employment of children, the researchers found that the only protection
provided that the minimum age of employment was 15 years old; this however was focused to
employment in the military. The sources were silent on what the actual minimum age was for
employment. Now, Republic Act 7322 and Presidential Decree provide for proper protection for
female and child employees. Women’s rights are provided such as granting of welfare facilities
are installed in the workplace and a prohibition against discrimination with respect to pay (i.e.
equal pay for work of equal value), promotion, training opportunities, study and scholarship grants,
and a maternity benefit that is in favor to the employee rather than in favor to the employer.
Children’s rights are also provided to the extent that the minimum age of employment is 15. For
safe working conditions, the working conditions in the sources were found to be harsh, to the extent
that the workers created attempts to flee their city in order to escape from obligations. In a later
source however, it was found that higher officials were demanded to create safe working
conditions for the employees. Now, working conditions must be safe to the extent that employers
must exercise due diligence in the protection of his employees. It can be inferred that this could
have been the start of the creation of the mandatory safe working conditions of laborers. The data
gathered also implies that, contrary to popular belief, Filipinos did have an established system for
labor standards and relations.
Table 2 -- TEXTUAL STATISTICS: LABOR CODE (Book 3- Conditions of Employment)
TERMINOLOGIES COUNTS TERMINOLOGIES COUNT TERMINOLOGIES COUNTS
S
Backwages 1 Field/ Health personnel 2 Output-and-pay rate formula 1
Battered woman leave 1 Fifteen (15) years of 2 Overtime pay 5
(RA 9262) age
Benefits 40 Full pay 3 Parents/guardian 3
Bonus 8 Good Faith 3 Paternity leave 1
Bureau of Working 1 Government employees 1 Piece rate employees 5
conditions
Business 23 Holiday pay 4 Premium pay 3
Child or minor 4 Homeworkers 3 Private Recruitment and 5
Placement Agency
Collective Bargaining 5 House helper 9 Protection order 1
Agreement
Company policy 5 Implementing Rules 9 Public hearings/consultations 2
and Regulations
Compliance orders 6 Jointly and severally 4 Regional Tripartite Wages and 6
liable Productivity Board

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Consent 2 Kasambahay law (RA 1 Retirement pay 1

10361)
Contract (written or 24 Labor Arbiter 5 Rights 15
unwritten)
Contractor or Sub- 23 Labor organization 5 Safety and health 6
contractor
Criminal liability 1 Leave credits 1 Secretary of Labor 35
Deductible facilities/ 20 Legal representative 1 Security of Tenure 10
deductions
DOLE 28 Legal requirements 1 Separation pay 2
Domestic workers 2 Legal Tender 1 Services 13
Due process 3 Managerial Employees 2 Service Incentive Leave pay 1
Eight hours of work 5 Management 11 Special privileges 4
Prerogative
Employee 128 Maternity leave 7 Social Security/ services 6
Employer 120 Meal and rest periods 4 Union 7
Employment 32 Minimum wage rate 4 Technical and administrative 2
Relationship supervision
(Employer-employee)
Equal pay for equal 2 National Labor 7 Trilateral relationship/ 2
work (Equality) Relations Commission Tripartism
Evidence 11 National Wages and 3 Voluntary 6
Productivity
Commission
Facilities or 14 Night shift differential 2 Wage/s (also profit, income, 93
commodities pay salaries)
Fair and reasonable 7 Non-diminution rule 1 Wage Rationalization Act 1
value (Fair wage for fair
work)
Family planning 2 Obligations 4 Wage orders 25
services
Women 32 Worker 32 Wage rate 2

Table 3 – TEXTUAL STATISTICS: PRIMARY SOURCES (The Philippine Islands)

TERMINOLOGIES COUNTS TERMINOLOGIES COUNTS TERMINOLOGIES COUNTS
ADMINISTRATION 1 INHERITANCE 4 RIGHT TO COMPEL THE 1
OF JUSTICE MASTER FOR A JUST
PRICE
ATTORNEYS 22 LABOR 17 ROYAL 74
BARTER 8 LIMITS AND 3 ROYAL CLEMENCY 2
DEMARCATION
CAPITALISTS 1 MERCHANDISE 26 ROYAL PROTECTION 2
CARE AND 4 MILITARY 1 SAGUIGUILIRES 3
DILIGENCE ORDINANCES
CHILDREN AND 2 MINIMUM AGE 1 SALARY 16
HEIRS
COMPENSATION 1 NAMAMAHAYS 3 SANGLEYS 28
CONQUEST OF 2 NO FREEDOM 1 SERVANT 14
CHINA
CONTRACTS 2 NUMBER OF HOURS 1 SERVE 4
DEBTS 4 OBLIGATIONS 24 SERVICES 71
DISCOVERY 10 OCCUPATION 2 SLAVE 26
DOCUMENTS 7 ORDERS 26 TAELS 3
DUTY 20 ORDINANCE 8 TAXES 5
EMPLOY 21 PAY 28 TITHES 3

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EMPLOYMENT 2 PAY LITTLE OR 2 TORTURE 3

NOTHING
ENCOMENDEROS 11 PAID BY MUTUAL 1 TRADE 49
AGREEMENT
ENCOMIENDA 6 PREBENDARIES 3 TRIBUTE/S 16
ENTERPRISE 2 PROFIT 44 UNJUST AND OPPRESSIVE 1
EXPEDITION 2 PROTECTION 6 WAGES 10
FLEET 1 PUBLIC 5 WITHOUT PAY OR 4
GOOD/FUNDS STIPEND
GANTAS 9 RENT AND RIGHTS 2 WORK 20
GOOD 1 RIGHT TO APPOINT 2 WORKERS 4
ADMINISTRATION
WORKS FREELY AND 1
VOLUNTARILY
To further corroborate the data, the researchers have applied textual statistics. It can be
understood from the statistics that the term Royal which garnered a count of 74 used to be the head
of the state, having authority over the slaves, workers, laborers and other individuals. Services
with 71 counts are required and needed from the Indios, making them slaves and subjecting them
to inhumane conditions of work, less payment of wages or no payment at all. Trade being
mentioned 49 times was used to be a form of practice or business during the pre-colonial and
colonial periods. Slaves can be the subject of trade and them being treated as properties that can
be used as payment, distributed to heirs, or traded with products. Sangleys, who have Spanish
blood or known as “mestizos”, were given the right to engage in other business and own a slave.
The treatment of slaves are unjust and oppressive, no freedom, paid little or nothing, limited rights
or no rights at all, no rest periods, unlimited hours of work, and are compelled to work in case of
no volunteers in such service.
The arrangement of terminologies that are relevant to the labor standards which were
mentioned multiple times from the source wherein there is the identification of the employer (120
times) and employee (128 times) and that both have their obligations when a service or
employment relationship has been recognized, there is also the establishment of the employment
relationship (32 times) or the existence of an employer-employee relationship in our present labor
standards for the employer to exercise control and supervision over the employee, there is the
provision of a fair and reasonable value of wages or profit (93 times) following the principle of
equal pay for equal work, benefits (40 times) are also given to the workers such as holiday pay,
leave credits, meal and rest periods, bonus, special privileges, service incentive leave pay,
retirement pay and others. The Secretary of Labor which was mentioned 35 times regulates and
provides for the rules and guidelines that govern the labor standards. There is the management
prerogative exercised by the employer but subject to limitations, rights of the workers, laborers,
and women were strengthened in order to prevent discrimination, oppression, abuse of authority
on the part of the employer, and to promote equality in the workplace. There is also the creation
of the Department of Labor and Employment which implements the rules and regulations, and
policies. It serves as the agency responsible in the area of labor and employment together with
other agencies attached to its jurisdiction such as the Bureau of Working Conditions, National
Labor Relations Commission which has jurisdiction regarding labor disputes, National Wages and
Productivity Commission which serves as the consultative and advisory body for policy and
program coordination with regard to the determination of wages, Private Recruitment and
Placement Agency, and the Regional Tripartite Wages and Productivity Board which has the
authority to determine the minimum wages in every region depending upon the criteria set in the

Scrutiny on Labor Standards

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Labor code. Wage orders are issued to determine the wages to be set. With regard to the
employment relationship, there is a need for a contract whether written or unwritten for it to bind
the employer and the employee. Workers are also given the right to form and join trade unions to
protect their interests in the workplace and as workers. The health and safety of the workers should
also be observed by the employer in order to protect the health and well-being of the employees in
the performance of their works or services. Laws were implemented to protect the rights of the
domestic helpers and house helpers, providing sanctions in case of non-compliance. From the
table, it can be said that the law became more specific when it comes to the payment of wages,
provision of benefits, rights of the workers, jurisdiction of the authorized agencies, and other acts
or orders that are included under the labor standards.
Table 4 – Similarities and Differences of the Past and Present Labor Standards

Similarities
Spanish - Remuneration for services
- Wages paid according to contract
- Place of payment must be at place of work
- Maids entitled to receive compensation
- Work is voluntary
- Payment is subject to mutual agreement of employer and
employees
- Number of hours of work is taken into account
- Date of payment for services rendered is subject to
decision of employee (daily, weekly etc)
- Restriction of deprivation of employee’s compensation
and management of worker’s property
- Penalties for misconduct
- Performance Linked Incentive
- Pension
- Just Cause for reduction of wages
-Non working holidays
-De minimis benefits
- Right to negotiate terms of employment
Modern -Free choice of employment
- payment of wages are subject to agreement of parties
-Equal pay for equal work
-Wages paid according to contract
-Place of Payment must be at place of work
-Maids entitled to receive compensation
-Work is voluntary
-Payment is subject to mutual agreement of employer and
employee
- Number of hours of work is taken into account
- Date of payment for services rendered is subject to
decision of employee (daily, weekly etc)
- Restriction of deprivation of employee’s compensation
and management of worker’s property
-Penalties for misconduct
-Performance Linked Incentive
- Pension
- Just Cause for reduction of wages
-Non working holidays
-De minimis benefits
- Right to negotiate terms of employment
Differences
- Minimum age of employment is 15
- No maximum age for employment
- House helpers are compensated either through
receiving a portion of the harvest
- Forced Labor
- Maternity Leave is conditional (Social class of Father
and must pay employer due to lack of services
rendered)
- Slaves
- May be sold
- Granted a profit from their industry
- Governor assigns number of hours depending on
physical wellbeing of workers
- Development of improvement of workplace to ensure
safety and health of workers
-Unsafe working conditions
-Unequal payment due to discrimination
- Protection provided for laborers in all working
conditions
- Free choice of employment
-Age of employment ranges from 15-60 years old,
subject to certain conditions
- House helpers
- Batas Kasambahay
- not last for more than 2 years
- treated in a just and humane manner
- prohibited acts against either party are provided
- Minimum wage is 1500-2500 pesos; depending on
residence
- Duration of employment is subject to agreement of
parties
- Prohibition of forced labor
- Maternal Leave is available to ANY female employee
provided they comply with certain conditions
- Number of Hours is generally limited to 8 hours, may
exceed depending on circumstance
- employer may fix schedule of employees
- mandatory rest day
-
- Mandatory safety and health standards

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- 1. Equal work opportunities for all; 2. Security of

Tenure; 3. Work days and work hours; 4. Weekly Rest
Day; 5. Wage and Wage-Related Benefits; 6. Payment
of Wages; 7. Female Employees; 8. Employment of
Children; 9. Safe Working Conditions
- Retirement Pay
-Free choice of employment

During the years 1380-1640, many concepts of labor law have already been practiced and
followed by the people. Most of these concepts manifest in today’s law. But it is evident that some
aspects of these concepts have already been developed.
The concept of free choice of work and remuneration for services rendered was already
being observed before. Wages were being paid according to contract and were made at the place
of work. Maids were already entitled to receive compensations as similar to the situation today
and the concept of work as voluntary was already being upheld. The concept also of payment as
subject to mutual agreement of both the employer and the employee was already practiced.
Working hours was already taken into account before and the concept that the date of payment for
services rendered is subject to decision of employee, such as daily, weekly, etc. was already
performed. Restriction of deprivation of employee’s compensation and management of worker’s
property was already observed. Penalties and incentives were already given before for either
misconduct or good performance. The concept of pension and retirement pay was already practiced
and the concept of just cause for reduction of wages was already observed. Non-working holidays
were also known already and the concept of De Minimis benefits was already given. Lastly, the
concept of the right to negotiate of employment was already practiced. Some of the aspects of
these past laws have already been developed. Some concepts of the modern law have been derived
from these past laws but the concepts are continuously changing and adapting to the present
conditions. Before, the minimum age for employment was 15 and there was no maximum age. But
now, the age of employment ranges from 15-60 years old and are subject to certain conditions.
Before, house helpers are compensated either through receiving a portion of the harvest, may be
sold, and granted a profit from their industry. But now, house helpers have Batas Kasambahay
which states that house helpers should not last for more than 2 years and should be treated in a just
and humane manner. The concept of forced labor was being observed before but it is prohibited
right now. Maternity Leave before was conditional, social class of Father and must pay employer
due to lack of services rendered. But now, Maternal Leave is available to any female employee
provided they comply with certain conditions. Before, Governor assigns number of hours
depending on physical well- being of workers. But now, Number of Hours is generally limited to
8 hours but may exceed depending on circumstance. Before, unsafe working conditions, unequal
payment due to discrimination was evident. But now, employees have Mandatory safety and health
standards and the Worker’s Basic Rights such as: 1. Equal work opportunities for all; 2. Security
of Tenure; 3. Work days and work hours; 4. Weekly Rest Day; 5. Wage and Wage-Related
Benefits; 6. Payment of Wages; 7. Female Employees; 8. Employment of Children; 9. Safe
Working Conditions.
Laws reflect the changing needs of the times due to its intrinsic nature of being dynamic.
Law is therefore transformative as it can be inferred from the data gathered that historical injustices
with regard to labor are prevalent. In the past, the limited rights of the workers are violated,
inhumane treatments are common and laborers are greatly oppressed and persecuted. It is

Scrutiny on Labor Standards

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transformed in the sense that rights of the workers are guaranteed by the constitution, labor code
and statutes. There is also the creation of government instrumentalities and quasi-judicial bodies
which regulate the labor standards in the present. The rights of the workers are now taken into
consideration such as the right to security of tenure, right to living wage, right to join trade unions
and the like. Unfair labor practices are strictly prohibited and penalties or sanctions and other
disciplinary measures are imposed in case of non-compliance. In the aspect of Labor, balancing
the rights of the workers and employers is of utmost importance. It is two-sided as it encompasses
the rights of the workers and prerogatives of the employers.

Conclusion
Specific pieces of legal history manifest important facts about the way in which the early
legal structures worked. Since the past and the future are in constant dialogue in any legal system,
especially in as much as it concerns legislations and institutions, legal history has a vital role to
play in establishing such living law. Consideration of the early structures on labor standards of
the early Filipinos reveals the influence and system produced - a kind of a legal system consists of
shared set of values and interests. It was a combination of established rules dictated by policy &
the interests of people in authority and the conditions of primitive and simple life. Discoveries of
manuscripts or documents dating as early as 1300s can throw light not only on the world of early
Filipino legal system and knowledge, but also to various aspects of social, economic, and cultural
history. These data reveal that the Early Filipinos practice certain structures in dealing with labor-
related situations and generates a perception that the study of the history, authentic and not
manipulated nor corrupted, can now be pursued on the basis of trustworthy sources. However, our
knowledge and understanding of the legal history will always be subject to revision and varied
interpretation as new sources come to light and new interpretations develop. The function of the
history is also exposed in the presence of similarities between the past structure on labor standards
and the present ones. It was the source of authority, wisdom, and values for the present. The legal
history will always be a part of the present for every detail of it shaped each generation of societal
systems. Developments and reorganizations were only made to satisfy the present conditions – the
laws’ dynamics. Thus, a stunning implication arises – the early structures or principles of labor
standards remained resonant and influential.
The researchers used a Comparative Archival method, Intertextual Statistics and a
Qualitative Research Protocol in order to determine the similarities and differences in the past and
present labor standards and to evaluate as to what extent the labor standards give protection to
people. Thematic Analysis served as a guide through the interpretation of the data gathered and
the discovery of the relationship between the terminologies or texts relevant to labor. From the
thematic table, it can be found from the data obtained that as early as the 1300’s, there were already
structures in the society that regulated the labor conditions of workers. Although the structures
then were not as developed as the ones we have now, these systems were the foundation that led
to the development of the labor standards that we have today. The primary sources showed that
there were already systems of how the payment of wages were regulated, how employees could
negotiate the terms of employment with their employers, and a mechanism that provided for
maternal leave. As to the similarities and differences of the past and present labor standards, some
concepts were derived during the pre-colonial and first 75 years of the colonial period which were
developed and reinforced. However, the enforcement of these labor standards in the present

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became strict and rigidly enforced. There was the imposition of sanctions and penalties, liability
in case of non-compliance, and regulation of the processes and practices of the labor standards.
From the results of intertextual statistics, it can be inferred that our labor standards in the
present produced specific provisions in addressing labor practices and disputes, provided
limitations as to what extent do the employer exercise its management prerogatives to prevent
abuse of authority and inhumane treatment of the workers and determined the rights and
entitlements of the employees. There is a huge transformation of the labor standards in the present
as it strengthens and cultivates the rights of both parties in the attainment of a harmonious
relationship with regard to employment. The past labor standards are a manifestation of how
oppression and unjust treatment of workers is prevalent, no laws protecting the interest of the
workers, and discrimination is widespread.
The discussion emphasized the similarities and differences of past and modern laws. It
showed how practices pertaining to working conditions, such as payment of wages, rest days, age
of employment and other concepts falling within the same category, including laborer’s rights and
privileges differ or somehow resembles the laws of today. There are many similarities shown in
the discussion but somehow the differences were also evident.

Recommendations
The limitations of this study are the field of law that was chosen and the time frame chosen
to be studied. This research’s time frame was limited to the first 75 years of Spanish occupation.
The researchers recommend expanding the time frame covering other periods of Philippine history
such as the rest of the Spanish occupation, the American occupation, and the Japanese occupation.
Covering this could show a clearer vision of the labor standards of the Early Filipinos. Due to the
nature of how broad a field of law can be, the researchers were limited only to one field of law,
particularly those governing labor standards, the researchers recommend to study the evolution of
other fields of law such as civil law, criminal law and remedial law. The researchers also
recommend using deconstruction as a lens to help interpret the primary sources under study which
could have given a different perspective than thematic analysis could. The researchers also
recommend studying who and what shapes the law to give a better idea of what were the author’s
intentions and the context behind such texts. The researchers also acknowledge the fact that “The
Philippine Islands” could not be the only source of primary sources in the Philippines. The
researchers recommend looking for other primary sources.

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