Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
9-3-2012
Prespanish to Spanish (up to 1898)
Prior to the arrival of the Spaniards, phil society was divided into 4 classes:
Nobles, freemen, dependents, slaves
Customs and practices were the source of law. Usually handed down orally from
generation to generation.
Written laws were promulgated from time to time by the chieftain and the elders. (alibata
format)
The Maragtas code was supposedly promulgated by Datu sumakwel of Panay around
1200 AD
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The Code of Kalantiaw was allegedly written in 1433 AD by Kalantiaw, the 3rd chief of
panay.
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The Muslim influence came from Indonesia. They had their own written social rules and
regulations based on the precepts of the Koran.
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Guide for the proper execution of the duties of office in accordance with the laws
and rules of the state.
Promulgated with the general consent of all datus, panglima, and subordinate
officers of the State.
Magellan discovered the Philippines on March 16, 1521. Spanish rule was established
in 1565.
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Philippines was an important find, the country was rich in natural resources.
When the Spaniards conquered the Philippines, they did not succeed in suppressing the
Muslims.
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The country was divided into provinces based on linguistic considerations, for
administrative purposes.
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On March 22, 1987, Andres Bonifacio called for an assembly of Magdalo and Magdiwang
leaders to the Tejeros Convention.
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We had a lot of issues with Spain. We developed a sense of Nationality with the
help of noli me tangere and el filibusterismo.
We did not learn Spanish for a practical purpose: so we did not understand them.
Exception: rich people were trained with the Spanish tongue, which precipitated
the revolution.
Tejeros Convention To make a constitution, to unite the magdalo and magdiwang
factions. Unfortunately, nothing happened because they were warring factions.
The Biak-na-Bato Republic ended on December 15, 1897 with the signing of the truce
agreement to suspend hostilities.
Aguinaldo returned to Cavite after a self-imposed exile in HK to establish a dictatorial
government proclaimed on May 24, 1898.
On June 12, 1898, the revolutionary government was established, with Aguinaldo as
President.
They approved the Malolos Constitution on Nov. 29, 1898.
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Malolos Constitution
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Treaty of Spain transferred Spanish sovereignty over the Philippines to the US.
Philippine-American War began on February 4, 1899. (happened on mistake of fact,
American soldier accidentally killed a Filipino)
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Schurman Commission sent on March 4, 1899. (to check if we are ready for
independence)
Introduction of FREE EDUCATION
Taft Commission on March 13, 1900. (Second Philippine Commission)
From MILITARY GOVERNMENT to CIVIL GOVERNMENT
Both felt that we were NOT READY.
PLEASE READ NEXT MEETING: In re: Max Shoop and Lansang V. Garcia GR L-33964 Dec.
11, 1971
Provided for the calling of a popular assembly, which was convened on Oct. 16,
1907. It chose 2 resident commissioners to the US.
Together with the Phil. Commission, the Philippine Assembly formed the Philippine
Legislature.
The US congress announced that the constitution and By-Laws of the US were not
in force in the Philippines.
The civil governor, vice-gov., heads of exec. Dept, and members of the Philippine
commission were appointed by the President, with the consent of the US Senate.
Judicial power was vested in the SC, in the CFIs, and in the municipal courts. CJ and
Associate Justices of the SC were appointed by the President. The judges of the CFI
were appointed by the civil governor, with the advise and consent of the Philippine
commission.
Jones Law, or Philippine Autonomy Act (Act of Congress, August 29, 1916)
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Superceded the Spooner Amendment and Philippine Bill as the chief organic act of
the Philippines.
Resembled a constitution in form and content.
Elections were held on Nov. 15, 1935, with Manuel L. Quezon as President and
Sergio Osmena as VP
The first law to be passed by the first national assembly was the National Defense
Act, under which the Philippine National Army was created.
The constitution was again amended in 1945, with the inclusion of parity rights.
means FAIR, EQUAL In Pare Delicto However, it was not fair in terms of right
and exportation products, as an example.
On January 3, 1942, the commander-in-chief of the Japanese Imperial Forces
proclaimed martial law.
On February 27, 1945, Gen. MacArthur turned over Malacanang Palace to President
Osmena.
Later, President Roxas granted amnesty to all suspected political, economic, and cultural
collaborators.
The Philippine Trade Act of 1946 (a.k.a. the Bell Trade Act [similar to parity rights]) was
passed by the US Congress on April 30, 1946.
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Allowed entry of Phil. Articles into the US free of ordinary customs duties until July
3, 1954.
On August 21, 1971, the Liberal Party Rally at Plaza Miranda was bombed (happened
during the meeting of the OTHER PARTY). Marcos said it was supposedly bombed by
insidious elements. He used that as a reason for suspension of the below statement.
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On January 17, 1973, the CJ received a copy of Proclamation # 1102 signed by President
Marcos, certifying and proclaiming that the constitution had been ratified by an
overwhelming majority of all votes cast by the members of all the Citizen Assemblies
throughout the Philippines.
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Pictorial evidence was used, although there are rumors of it being untrue.
The Consensus of the SC affirmed the transitory provisions of the 1973 Constitution,
combining in the president all the powers of the executive and legislative branches of
government.
Military tribunals were established.
On October 16-17, 1976, the people ratified amendments
EDSA REVOLUTION (1986-PRESENT)
On August 21, 1983, Ninoy Aquino was shot to death at the Manila international Airport.
Ninoys widow, Corazon Aquino, ran for President at the snap elections held on
February 7, 1986.
On February 15, 1986, the Batasang Pambansa proclaimed Marcos as President.
EDSA Revolution begun.
On February 25, 1986, Corazon Aquino was proclaimed the first WOMAN president. (1986
Freedom Constitution)
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Not in constitution for the validity of her Presidency, but the PEOPLE are louder in
proclamation, since they are the SOVEREIGN WILL of the COUNTRY.
Decisions of the CA are merely persuasive on lower courts. They may be cited in cases
where there are on SC decisions in point.
NATURE OF THE LEGAL PROFESSION (Villareal BOOK, please READ)
9/10/12
In re: Max Shoop
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Proclamation 889 was issued because of the Plaza Miranda bombing incident,
suspending the writ of habeus corpus.
Does the suspension of the writ of habeas corpus apply to all? No, only to those
that the suspension applies.
The group responsible for the bombing was supposedly the NPA. However, the
petitioners contend that the NPA is just a small group which did not have enough
power to commit any imminent danger or propagate the act.
The SC ruled that the suspension of the writ of habeas corpus was constitutional.
Any form of rebellion towards the government is enough reason to suspend the
writ of habeas corpus, even if there is little to no chance of success.
Can the SC still exercise Judicial Review even if the suspension of the writ of
habeas corpus had legal basis? Yes. They can review up only to the point to check
if the application of the executive power is ARBITRARY (if it entails gross
negligence).
SC had a secret meeting, divulged all the information on the Plaza Miranda
Bombing and the Proclamation 889 basis.
Habeas Corpus is not subject to PROBABLE CAUSE. It is separate.