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History of the LegislativePRE-SPANISH PERIODChieftain-head of the barangayElder-oldest members of the barangay who approves the law made by the chieftain.Umalahokan-public announcer. He announce the promulgation of new rules and regulationsLAWS PROMULGATED DURINGPRE-SPANISH PERIODMARAGTAS CODEMaragtas Codeoriginated from Panay Island and promulgated during the first half of 13th century.It was published in the Ilongo-Bisayan language.Carreon 's Maragtas (1943)El Codigo de MaragtasEl debate (1938)CODE OF KALANTIAOCode of Kalantiao-originated from the Panay Island. It is a penal code which was issued during the early 14th century. Las Antiguas Leyendas de la Isla de Negros (1837).Social Structure of and Idea of Law among Early Philippine Peoples, The Pacific Ocean in History (1917).

t is said to have been written in 1433 by DatuKalantiaw, a chief on the island ofNegrosin thePhilippines. Article IYe 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 tied to a stone and drowned in a river or in boiling water.Article IIYe shall punctually meet your debt with your headman. He who fulfills not, for the first time shall be lashed a hundredfold, and If the obligation is great, his hand shall be dipped threefold in boiling water. On conviction, he shall be flogged to death.Article IIIObey ye: no one shall have wives that are too young, nor shall they be more than what he can take care of, nor spend much luxury. He who fulfils not, obeys not, shall be condemned to swim three hours and, for the second time, shall be scourged with spines to death.

5SPANISH PERIODLegal Minors- indigenous population of the empire.La republica de los IndiesCommonwealth of the natives.It has its own code of laws and own set of magistrates.Two kinds of laws enforced in the Philippines during Spanish PeriodLaws of Spain governing Spanish citizen which were extended in the Philippines through royal decreesLaws specifically enacted to govern the Colonies

THE SYSTEM OF LAWS IN SPAIN AND ITS ANTECEDENTSIberians CeltsCetliberiansCarthaginianRomanVisogoths

RomanUnder Roman rule the Iberian Peninsula was called Hispania.The populations of the peninsula were gradually culturallyRomanized,[8]and local leaders were admitted into the Roman aristocratic class.VisogothsThe firstGermanic tribesto invade Hispania arrived in the 5thcentury, as theRoman Empire decayed8THE CODE OF EURIC a written form of customary laws named after Emperor Euric.It is a collection of laws governing theVisigothscompiled at the order ofEuric,King of Spain.It was meant to apply only to the conquerors.The Code is largely confused and it appears that it was merely a recollection of Gothic custom altered byRoman law.

9BREVARIUM OF ALARICa collection ofRoman law, compiled by order ofAlaric II,King of theVisigoths. It is a compilation of Gothic and Hispano-Roman law.It was promulgated on February 2 506. effective for more than 150 yearsGovern the conquered subjects.FUERO JUZGOLex Visigothorum- law of the Visigoths.Compilation of Code of Euric and Brevarium of Alaric (650 A.D).Judicial procedures,marriage,divorce etc.Binding to all.

TheFuero Juzgo was acodexofSpanishlaws enacted inCastilein 1241 byFernando III. It is essentially a translation of theLiber Iudiciorumthat was formulated in 654 by theVisigoths.11In 711A.D-Moors conquered Spain.In 718 A.D Reconquest of Spain from the Moors in Austria. In 800's -the Basques of NavarreIn 900's- Kingdom of Castille.In 1085- Toledo was liberated.In 1664- Kingdom of Aragon.In 1230- Kingdom of Castille.

TheArab Islamic conquestdominated most of North Africa by 640 AD. In 711 an IslamicBerberand Arab raiding party, led byTariq ibn Ziyad, was sent to Iberia to intervene in a civil war in theVisigothic Kingdom. Crossing theStrait of Gibraltar, they won a decisive victory in the summer of 711 when the Visigothic KingRodericwas defeated and killed on July 19 at theBattle of Guadalete.Tariq's commander,Musa bin Nusayr, quickly crossed with reinforcements, and by 718 theMuslimswere in control of nearly the wholeIberian Peninsula. The advance intoWestern Europewas only stopped in what is now north-central France by theWest GermanicFranksunderCharles Martelat theBattle of Toursin 732.In a minor battle known as theBattle of Covadonga, a Muslim force sent to put down the Christians rebels in the northern mountains was defeated byPelagius of Asturias, who established the monarchy of the ChristianKingdom of Asturias. In 739, a rebellion in Galicia, assisted by the Asturians, drove out Muslim forces and it joined the Asturian kingdom.12FUERO REALIn 1254-1255 - Alfonso X created a code of laws.Consist of 4 books divided into 72 titles containing 55 laws.It established rules for regulations.wish to provide the kingdoms expanded under his father with acode of lawsand a consistent judicial system.13LAS SIETE PARTIDASRenewed compilation of Alfonso X.Divided into 7 parts and had 182 titles comprising 2,479 laws.The code was compiled in Castile between 1251 and 1265 under Alfonso X the Wise.In 1348- took effect.Las Siete Partidas, the Seven-Part Code, was a set of laws codified in medieval Spain, some of which were crucial to the legal foundation of modern slavery in the New World. The code, possibly the most consequential and comprehensive set of laws of the medieval period, was compiled in Castile between 1251 and 1265 under Alfonso X the Wise. The laws went into effect around 1348 and became the foundation for all Spanish jurisprudence. Beginning with Spanish expansion in the sixteenth century, the code spread to Spains New World possessions in the Americas, Asia, and Africa, giving the code the widest territorial influence of any single legal code.Despite its lengthy treatment of philosophical issues, some have maintained that thePartidasis intended as alegislativetext rather than a work of legal theorya view explicitly supported by the prologue, which indicates that it was created only so that it could be used to render legal judgments.Therefore, it is generally believed that with the creation of thePartidas, Alfonso X was trying to unify the kingdom's legal system, not by using the 'local' approach of his fatherFerdinand III(that is, by granting the samefueroto various regions), but rather through a general code that applied to the entire country.14First Partida-24 titles. Aseruicio de Dios... (For the service of God...)(2)Natural law and laws of usage(22) Holy Catholic FaithSecond Partida -31 titles on public lawLa ffe cathlica... (The Catholic faith...)

(11) Duties of the monarchy (9) Duties of the people(11) Military captives etcThird Partida- 32 titlesFizo Nuestro Sennor Dios... (Our Lord God did...)All its provisions were Roman Law.

Fourth Partida- 27 titles Onras sennaladas... (Special rites...)Civil Law and FeudalismFifth Partida- 15 titles Nascen entre los ommmes... (Among men there arise...)Obligations and Contract

Sixth Partida- 19 titlesSesudamente dixeron... (The ancient wise men sagely said...)Wills and SuccessionSeventh Partida- 34 titlesOluidana et atreuimiento... (Forgetfulness and boldness...)Penal Legislation

LEYES DE TOROCreated by a commission composed of Galindez de Carvajal, Juan Lopez de Rubios and the bisohop of Cuenca, Zapata, Mojica, Tello, and Santiago.

it consist of 83 precepts or laws on various issues, especiallycivil law,inheritance law,marriage law,procedural law,property rightsandobligations, and finally, matters ofcriminal law.Full binding authority.

Nueva RecopilacionPhilip II ordered Bartolom Lpez de Arrieta to draft the compilations.Bartolom de Atienzaassumed the task.Composed of 9 books with 214 titles and 3,391 laws.NOVISIMA RECOPILACIONRevised version of Nueva Recopilacion.Charles IVJuan de la Reguera Valdelomar was aSpanish jurist, author of thecollection Novsima laws Spain. 12 books with 340 titles and contains 4020 laws.Modern Spanish CodesIn 1811- Codification of all laws on force in Spain.In 1813- a code commission was created.Codigo de Comercio of 1885In 1830- first published.It was modeled after the French Code of Commerce of 1907.In 1760,1769, 1787, 1819,and 1827 In 1830- Codigo de Comercio took effectJanuary 1, 1886-Codigo de Comercio of 1885 came into force.Royal Decree in 1888

Commercial law, also known asbusiness law, is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales.[1]It is often considered to be a branch ofcivil lawand deals with issues of bothprivate lawandpublic law.24Codigo Penal of 1870patterned after French Penal Code of 1810.In 1822- it was first codified Penal Code of 1848 and Penal Code of 1850In 1870- a systematic penal code was promulgated.Amended in 1876Royal Decree in 1887

25The Codes of Civil and Criminal ProcedureCode of Civil Procedure of October 5, 1853In 1855- took effect in the PhilippinesCode of Criminal Procedure of September 14, 1882In 1887- took effect in the PhilippinesCode of Civil Procedureis the body oflawthat sets out the rules and standards thatcourtsfollow whenadjudicatingcivillawsuitsCode of Criminal ProcedureCriminal procedurerefers to theadjudicationprocess of thecriminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formalcriminal chargeand results in theconvictionoracquittalof thedefendant26Codigo Civil of 1889Divided into preliminary title and 3 books with 1,992 articles.Book I- Persons Book II- Property and OwnershipBook III- Modes of Acquiring OwnershipOn Feb. 2, 1880, a Code Commission was created which was composed of members representing Cataluna,Aragon, Galicia, Navarre and other regions.In 1881- Proyecto de Bases and a draft of the first book was submitted to the Senate.On Feb. 11, 1889- the new code took effect however it was promulgated on July 24, 1889

Laws Specially Enacted for the ColoniesSpecial colonial regulations were devised to meet the requirements of the colonies without to great deviation from the law that governed the mother country.

Legislation for ColoniesRoyal CedulasOrdenamientos (Orders)Pragmaticas (Proclamations)Reglamentos (Regulations)Resolucions ( Resolutions)Autos Acordados (Judicial Decisions)Decretos (Decrees)Provisiones (Provision)Carta Abierts ( Circulars)

First Collection of Laws Relating to the ColoniesIn 1543- the first collection relating to government was published at Acala. It contained royal decrees of Charles V.Ordenanza for the government of the Audienca de Mexico.In 1552- similar collection was created by the order of Antonio de Mendoza In 1560- Vasco de Puga was ordered by Luis de Velasco to printed a collection of documents.

Compilation of Laws Initiated by the CouncilIn 1550, Philip II ordered a general codifiction.Juan de Ovandocompared 200 volumes, instruction, decrees and etc.Proposed it into 7 booksThe first book was printed in 1598

The Codigo OvandionRecopilacion de las Leyes de IndiasPromulgated by Philip II in a royal decree in 1570.Alfonso de Zorita prepared the compilation of Laws of Indies in 1574.Diego de Encias and Diego de Zorilla- was instructed to make copies of all provisions, cartas, cedulas, etc.

In 1606- Hernando de Villagomez began to compile cedulas and other laws relating to the Indies.Solorzano made a 6 volume collection of cedulas which receive the royal approval on July 3, 1627.General Compilation by Aguilar y Acuna and PineloRodrigo de Aguilar y Acuna finished the compilation. His work was divided into 8 books and subdivided into parts.Antonio de Leon Pinelo continued the compilation.In 1634, he presented a draftIt was reduced into 9 books which contained more than 10,000 laws.It was approved by the Council of Indies on October 20, 1634The Recopilacion de Leyes de los Reynos de IndiasRecopilacion was introduced to colonies as Recopilacion de Leyes de los Reynos de Indias.It composed of 9 books divided into 218 titles and consisting 6,377 laws or provisions.Compilations Subsequent to the RecopilationRecopilation de las Indias is regarded as the basic collection of laws and regulations prior to 1680.Belena-made a compilation which reproduced the regulations in extensor.Republished all the cedulas and decrees promulgated from 1528 to 1677.Perez y Lopez his works contains uncollected materials. Zamora y Coronada comprehensive compared to the works of Rodriguez San Pedro and Miguel de la Guardia.Aguero- contains regulations concerning the royal treasury in the Indies and those of the tribunales de cuentas.