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Evolution of Philippine Government, Laws and Legal System

The document discusses the historical evolution of the Philippine legal system through various periods of political development: 1) Pre-Spanish, 2) Spanish rule from 1569-1898, 3) American rule from 1898-1941 and 1944-1946, 4) Japanese occupation from 1941-1944, and 5) independence and the establishment of the Philippine Republic from 1946 to present. It also outlines the different authorities, legislatures, and laws that governed during each period. Finally, it describes the Philippine legal system as a hybrid system incorporating elements of civil law, common law, customary law, and contemporary law, with a separate Muslim legal system.

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Ida Marie Vega Escolano
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271 views10 pages

Evolution of Philippine Government, Laws and Legal System

The document discusses the historical evolution of the Philippine legal system through various periods of political development: 1) Pre-Spanish, 2) Spanish rule from 1569-1898, 3) American rule from 1898-1941 and 1944-1946, 4) Japanese occupation from 1941-1944, and 5) independence and the establishment of the Philippine Republic from 1946 to present. It also outlines the different authorities, legislatures, and laws that governed during each period. Finally, it describes the Philippine legal system as a hybrid system incorporating elements of civil law, common law, customary law, and contemporary law, with a separate Muslim legal system.

Uploaded by

Ida Marie Vega Escolano
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Historical Evolution of

Government Structure and


Philippine Law and the
Philippine Legal System

Atty. Ida Marie V. Escolano-Canton


Historical Evolution
• The evolution of the Philippine
Law may be discussed
through the various periods of
political development the
country had experienced.
Periods of Evolution
• Pre-Spanish (before 1569)
• Spanish (1569-1898)
• American (1898-1941; 1944-1946)
• Japanese (1941-1944)
• Early Independence; Philippine
Republic (1946-1972)
• Marcosian; Martial Law (1972-1986)
• EDSA Revolution; Democratic
Restoration; Philippine Republic (1986-
present)
PERIOD AUTHORITY LEGISLATURE LAW
1898-99 Malolos Malolos Congress
Constitution
1900-35 Philippine Organic Philippine Acts of Public Acts
Act; Autonomy Act Commission-
Philippine
Assembly/Senate-
House of
Representative

1935-41 Tydings-Mcduffie Senate-House of Commonwealth


Act; Representatives; Acts
1935 Constitution National Assembly

1943-44 1943 Constitution National Assembly


1945-46 1935 Constitution Congress Commonwealth
Acts
1946- 1935 Constitution Congress Republic Acts
1973
PERIOD AUTHORITY LEGISLATURE LAW
1973- 1973 National Batasang
1986 Constitution Assembly/ Pambansa
Batasang
Pambansa

Pres. Presidential
Ferdinand Decrees
Marcos
1986-87 1986 Pres. Corazon Executive
Constitution Aquino Orders
1987 – 1987 Congress Republic Acts
present Constitution
Legal System
• Refers to an operating set of legal
institutions, procedures and
rules
• Also include unwritten practices,
beliefs and attitudes of those
involved one way or the other
with the law
• At the center of every legal
system is the law
Components of Legal System
I. Laws
II. Judicial Decisions
III. Legal Institutions
Three Main Legal Systems in
the World
I. Common Law
II. Civil Law
III. Socialist Law
Civil Law vs. Common Law
CIVIL LAW COMMON LAW
Originated in Roman Law, 450 BC Traces its official beginnings when
the Normans on at Hastings and
conquered England
Statutes theoretically take Court decisions revolving specific
precedence over court decisions cases are regarded as law
interpreting them
Code law or written law Case law

Adopts deductive method Adopts inductive method

Anchors chiefly on the letter of law Relies heavily on equity

Judge-proof law Judge-made law


Philippine Mixed/
Hybrid System
“...a peculiar mixture of civil
law, common law, indigenous
customary law and
contemporary law designed to
meet current conditions, with
a separate and distinct
Muslim legal system operating
for the Muslim minority” -
Gupit

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