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Laws in the Philippines were from Spain and consisted of royal decrees issued by the king. The numerous
laws governing the colonies were compiled and published in convenient colonial code entitled
“Recopilacion de las Leyes de Indias,” popularly known as the Laws of Indies.

The Laws of the Indies (Spanish: Leyes de Indias) are the entire body of laws issued by
the Spanish Crown for the American and Philippine possessions of its empire. They regulated social,
political and economic life in these areas. The laws are composed of myriad decrees issued over the
centuries and the important laws of the 16th century, which attempted to regulate the interactions
between the settlers and natives. - In 1573, King Philip II proclaimed the Laws of the Indies that
established uniform standards and planning procedures for colonial settlements.

in 1680 the council consolidated all these into Recopelacion de las Leyes de los Reynos de Indies
applicable to all the Spanish colonies around the world.

The laws governing the Philippine colony consisted of two categories: laws of general application in Spain
and the laws specifically enacted to govern the colonies.

To the first category belonged the Siete Partidas promulgated by King Alfonso X in 1348, Leyes de Toro
enacted by the Spanish Cortes in 1504, Nueva Recopilacion de las Leyes Indies de España of King Philip II
in 1567 and Novisima Recopilacion of King Carlos IV in 1798. Later, those laws were extended to the
Philippines thru the royal decrees, cedulas and consultas.

In the last century of the Spanish regime in the Philippines, the following codes were applied to the
Philippines -- Codigo de Comercio of 1885, Codigo Penal of 1870, Code of Civil and Criminal Procedure of
1853 and Codigo Civil of 1889.
THE ROYAL AUDENCIA
The judicial powers of the government during the Spanish rule were exercised by the royal audencia and
the lower courts. By analogy, The royal Audencia is our supreme court of today. It was established in the
Philippines by virtue of the royal decree of May 5, 1583 . Its first president was Governor General
Santiago de Vera.

Originally, The Royal Audencia was composed of five members, The Governor general as the presiding
officer, three oidores ( judges), and a fiscal or prosecutor. Later in 1861, The composition was changed,
removing the governor general as president and as member. The number of oidores was increased to
seven and had one fiscal for criminal cases and another for civil cases.

Because of the Tremendous powers exercised by the governor general, T ,hese were checked by
Depite the above gubernatorial checks, unscrupulous colonial officials were able to commit abuses maybe
because of the great distance between the Philippines and Spain whereby it would take a year before the
king would receive reports about erring officials in the colony.

The audencia functioned as an appeals court. Aside from hearing and deciding civil and criminal cases,
the audencia also performed non-judicial functions such as doing consultation with the governor known
as ‘’ real arcades ‘’ . As mentioned earlier, the audencia shared in the appoinntedment of religious
officials by virtue of the ‘’ portunato real ‘’ of governor general. It also prepared reports to the king of
spain about the conditions in the Philippines. From 1606-1717, The audencia acted the position of the
governor general during periods of vacancy when nobody was being sent by the Viceroy from Mexico.
Futhermore , the Audencia general of the annual expenditures.

Originally, The Royal Audencia was composed of five members, The Governor general as the presiding
officer, three oidores ( judges), and a fiscal or prosecutor. Later in 1861, The composition was changed,
removing the governor general as president and as member. The number of oidores was increased to
seven and had one fiscal for criminal cases and another for civil cases.

THE ENCOMIENDA SYSTEM

Part of the process on how spain governed the Philippines was adoption of rendered valuable service to
the king of spain . Those who were given encomienda were called ‘’encomenderos’’ . The grant of
encomienda, by the Spanish Crown, to the conquistador was one that of a trusteeship . The first under to
benefit under this system were the men of Legazpi who have colonized Cebu.
Under this system, the encomenderos was granted trusteeship over the indigenous people of the land they
have conquered.
In exchange to these privilages , the encomenderos was obliged by law to promote the welfare of his
constituents. He must
1. Protect them from enemies ( bandits and pirates)
2. Assist the missionaries in propagating Christianity
3. Maintaning peace and order, Promote education and to render humane treatment among his subjects.

RESISTANCE AGAINTS SPAIN

The imposition of the polo, the tribute and other Spanish policies, the delegation of strong political
powers to the friars and, all the injustices, abuses and maladministration committed by the government
officials met their resistance all throughout the island at different periods during the length of the
colonization.

From 1835-1898, Spain experienced a series of political changes . There were wars and revolution during
this period which led to frequent changes in the government and leadership of spain as well as in the
Philippines. This was the reason why governors general during these years took office only for short
periods of time and were not able to stay in power long enough to adopt and carry out long range
programs to improved the political, economic and social condition of the philippines.

SPANISH INSTITUTION
Part of the Spanish rule was the institution of system adopted by all the colonies. Among These was the
polo . Polo was the forced Labor rendered by Filipinos to the government annually. However, one may
not render polo upon paying falla, exemption fee for the forced labor. Another was the paying of the
tribute , or the tax called tribute, as a sysmbol of vassalage to Spain . This may be paid in cash or in kind.
In 1884,
the tribute was replaced by the cedula tax . Bandala was also a system that caused a lot of hardship to the
Filipinos where products were sold compulsory to the government. More often than not, the natives were
given only promissory notes instead of cash
The chief executive of the Philippines during the Spanish period was the governor general. He was The
king’s official representative in the colonial Philippines. He possessed tremendous powers. He was vested
with executive, legistative and judicial powers. Being The chief Executive , The governor general
enforced Spanish laws and royal decrees in The Philippines . He appointed All subordinate officials
including ‘’alcades mayores’’ (provincial governors).
For his Legislative power, he anacted and issued laws, regulation and decrees. For the judicial power, he
was the president or presiding officer of the ‘’ Royal Audencia ‘’ which was the supreme court of the
Philippines during The Spanish era. He also the commander in chief of the armed forces.
The governor also had ecclesiastic powers, the power to recommended priests for appointment and
intervene in controversies between religion authorities. During the encomienda period, The governor
general was in full control of the operations of the church . Lastly he also possessed, with Limitation, the
‘’ cumplace ‘’ the power to veto laws from spain .
The governor also had ecclesiastic powers, the power to recommended priests for appointment and
intervene in controversies between religion authorities. During the encomienda period, The governor
general was in full control of the operations of the church . Lastly he also possessed, with Limitation, the
‘’ cumplace ‘’ the power to veto laws from spain .
From 1565-1898, a total of 122 governor general served in The Philippines. Accordingly, there were more
undesirable governor who only exploited Filipinos than serve them. There were, however , a few good
men who truly serve well and are worthy t be remembered by Filipinos.
One of the was Miguel Lopez De Legaspi who was the first governor general of the Philippines, From
1565-1572. He will always be remembered for his diplomacy with the natives . At a time of Rigid racial
discrimination , Legaspi desired that Spaniards and native Filipinos to live together as one community. He
also be remembered for founding the cities Of Manila and Cebu.
The most Liberal minded governor general that served the Philippines was Carlos censorship and the
encourage of liberal discussion . He encourage movements calling for reforms and sympathized with the
Filipinos aspiration for freedom and change.
THE SPANISH LAWS
CHECKS TO GUBERNATORIAL POWERS

1. The Royal Audencia, which was supreme court during the colonial period
2. The Residencia , Which was an office of the incoming governor general investing the acts of outgoing
governor general and other officials,
3. The Visitador, Which was an investigating body sent by the king or Mexican viceroy to the colony to
investigate colonial conditions
4. Direct Complains or Reports to the king by friars and other officials.

THE ROYAL AUDENCIA

The judicial powers of the government during the Spanish rule were exercised by the royal audencia and
the lower courts. By analogy, The royal Audencia is our supreme court of today. It was established in the
Philippines by virtue of the royal decree of May 5, 1583 . Its first president was Governor General
Santiago de Vera.

Another outstaning governor genral was Jose Basco y Vargas ( 1778-1787). He laid the foundation of the
agricultural progress of the Philippines by adopting economic programs designed to make colony
financially independent from Mexico. He established the ‘’ Economic Society of the Friends of the
Country’’, an Organization which helped much in the development of agriculture in the Philippines.
In 1782, he established the tobacco monopoly, and in 1784 , he issued a decree which prohibited creditors
from seizing farm equipment of farmer debtors and their artistry during the planting and harvesting
seasons.
Because of the Tremendous powers exercised by the governor general, T ,hese were checked by
Depite the above gubernatorial checks, unscrupulous colonial officials were able to commit abuses maybe
because of the great distance between the Philippines and Spain whereby it would take a year before the
king would receive reports about erring officials in the colony.

THE LOCAL GOVERNMENT

Spain instituted the centralized form of government. The previously independent barangays became part
of the unitary government. Philippines was divided into provinces consisting of two types:
The diocese of Manila the most powerfull diocese in Asia was canonically erected on February 6, 1579,
by pope Gregory XII encompassing all the spanish colonies in asia . Originally, the diocese of manila
covered thewhole Philippinesa archipelago making the bishop of Manila at the top of the eccelesiatical
hierarchy in the colony. The bishop was appointed by the pope upon the recommendation of the king of
spain .
The first bishop of manila was Fr. Domingo de Salazar. The other early dioceses established were cebu,
nueva Caceres ( Naga) and Nueva Segovia ( Vigan ) , all in 1595 the diocese of jaro ( Iloilo ) was created
by virtue of a papal bull of pope pius IX on May 27, 1865.

1. The pacified provinces called alcadia mayor each under a Corregidor and
2. The unpacid provinces called corregimentos, each under a Corregidor. The PROVINCES WERE
DIVIDED INTO TOWNS OR PEUBLOS, administrated by a gobernacillio ( petty governor ).

ECCLESIASTICal ORANIZATION

The Laws of the Indies (Spanish: Leyes de Indias) are the entire body of laws issued by
the Spanish Crown for the American and Philippine possessions of its empire. They regulated social,
political and economic life in these areas. The laws are composed of myriad decrees issued over the
centuries and the important laws of the 16th century, which attempted to regulate the interactions
between the settlers and natives, such as the Laws of Burgos (1512) and the New Laws (1542)

Laws of the Indies:

- In 1573, King Philip II proclaimed the Laws of the Indies that established uniform standards and planning
procedures for colonial settlements.
- These laws provided guidelines for site selection, layout and dimensioning of streets and squares, the
location of civic and religious buildings, open space, cultivation and pasturing lands, and even the main
procedural phases of planning and construction.

Spanish era administration of justice (1)

During the Spanish time, the administration of justice in the Philippines had five components -- the law,
the judiciary, the law enforcement agencies, the prison system and the legal profession.

The Law

The laws governing the Philippine colony consisted of two categories: laws of general application in Spain
and the laws specifically enacted to govern the colonies.
To the first category belonged the Siete Partidas promulgated by King Alfonso X in 1348, Leyes de Toro
enacted by the Spanish Cortes in 1504, Nueva Recopilacion de las Leyes Indies de España of King Philip II
in 1567 and Novisima Recopilacion of King Carlos IV in 1798. Later, those laws were extended to the
Philippines thru the royal decrees, cedulas and consultas.

In the last century of the Spanish regime in the Philippines, the following codes were applied to the
Philippines -- Codigo de Comercio of 1885, Codigo Penal of 1870, Code of Civil and Criminal Procedure of
1853 and Codigo Civil of 1889.

To the second category, belonged the series of legislations consisting of the many royal decrees, cedulas
and consultas promulgated by the Consejo Real y Supremo de las Indies (Supreme Council of the Indies)
created in 1524 by King Carlos V and sent to the applicable colonies.

Because of the great mass of these legislations, the Council made compilations of them and the first was
applied in Mexico of which the Philippines was a province. Still later, in 1680 the council consolidated all
these into Recopelacion de las Leyes de los Reynos de Indies applicable to all the Spanish colonies around
the world.

the Laws of the Indies and ordinances determined where settlements should be
established and how structures should be built. These laws radically changed
indigeneous settlement patterns and created a hierarchy of space. In this paper,
two stone ruins located in the old town of San Juan, Batangas, are investigated
to trace the development of the town using the Laws of the Indies and
ordinances as framework.

Phillip II authorized the Spanish legislative compilation known as the Nueva recopilaciónin 1567.
Comprised of nine books, the work reaffirmed the normative system of Castilian law established in
the Ordenamiento de Alcalá and Leyes de Toro, collecting and synthesizing the existing sources of
Castilian law including the Fuero Juzgo, Fuero Real, Siete Partidas, and Leyes de Estilo. It thus became
the fundamental reference for Spanish law throughout the empire. In fact, a provision was written into
the Nueva recopilación that every local magistrate of the crown (corregidor) had to possess a copy,
bringing a complete and authoritative source for Spanish law to even the most remote territorial
jurisdictions. Two important re-editions were published, one in 1640 and this last edition in 1745, both
of which were issued in three volumes but retained the structure of the nine-book original.

Recopilación de Indias was the first comprehensive compilation of royal law governing all Spanish
colonies in America and the Philippines.
Royal Decrees Issued by the Government in Spain
In Spain, it was the Council of the Indies at Madrid
that decided the law and involved the decision about
the language policies until 1837. After 1837, it was
the Ministry of the Colonies that issued the decrees
concerning language policies (Alizona 1932: 19-20).
The Revised Penal Code supplanted the Spanish Código Penal, which was in force in the
Philippines (then a colony of the Spanish Empire) from 1886 to 1930

SPANISH ERA (1521-1896) What was the system of land cultivation at this period? The colonial
government at this period introduced a pueblo agriculture, a system wherein native rural communities
were organized into pueblo and each Christianized native family is given a four to five hectares of land
to cultivate.

The pueblo agriculture practiced no share cropper class or landless class. Were the native families
allowed to own a land? No.
The native families were merely landholders and not landowners. By law, the land assigned to them was
the property of the Spanish King where they pay their colonial tributes to the Spanish authorities in the
form of agricultural products they produced. How did agricultural tenancy originate? Through the Laws
of the Indies, the Spanish crown awarded vast tracts of land to wit: ‡ Friar lands for the religious orders;
5 Department of Agrarian Reform History of Agrarian Reform ‡ Repartiamentos for lands granted to the
Spanish military as a reward for their service; and ‡ Encomienda a large tracts of land given to Spaniards
(encomiendero) to manage and have the right to receive tributes from the natives tilling it. Natives
within these areas became mere tillers working for a share of crops. They did not even have any rights
to the land. How did the hacienda system evolve? At the beginning of the 19th century, the Philippines
as a colony of Spain implemented policies that would mainstream the country into the world of
capitalism. The economy was opened to the world market as exporter of raw materials and importer of
finished goods. The agricultural exports were mandated and hacienda system was developed as a new
form of ownership. More people lost their lands and were forced to become tillers. What were some of
the problems encountered in the encomienda system? Abusive encomienderos collected more tributes
that became the land rentals from the natives living in the area. A compras y vandalas system was
practiced wherein tillers were made to compulsory sell at a very low price or surrender their agricultural
harvests to Spanish authorities where encomienderos can resell it for a profit. People of the
encomiendas were also required to render personal services on public and religious work and as a
household help to the encomienderos. Why was the ownership of land limited to only few families? The
Spanish crown made a law in 1865 ordering landholders to register their landholdings. Only those who
were aware of these decrees benefited. Ancestral lands were claimed and registered in other people’s
names (Spanish officials, inquilinos and caciques or local chieftains). As a result, many peasant families
were driven out from the lands they have been cultivating for centuries or were forced to become
tillers. 6 Department of Agrarian Reform History of Agrarian Reform What laws required the registration
of properties/agricultural lands? The Ley Hipotecaria or the Mortgage Law of 1893 provided the
systematic registration of titles and deeds as well as ownership claims. This law was mainly a law on
registration of properties rather than a mortgage law. ‡ The Maura Law or Royal Decree of 1894 was the
last Spanish Land Law promulgated in the Philippines. Farmers and landholders were given one year to
register their agricultural lands to avoid declaration of it as a state property. What were some of the
revolutionary highlights that occurred during this period? As more tillers were abused, exploited and
deprived of their rights, the revolution of peasants and farmers in 1896 articulated their aspirations for
agrarian reform and for a just society. Women also fought for freedom and played an important role in
the planning and implementing the activities of the revolutionary movements. Did the revolt address
the problem of land ownership? Yes. The revolutionary government confiscated the large landed
estates, especially the friar lands and declared these as properties of the government. (Malolos
Constitution, 1896, Article XVII)

On November 21, 1849, Spanish Governor General Narciso Claveria issued a decree to adopt
standardized records of Filipino names and surnames.
Through the so-called “Claveria Decree,” he issued a list of family names in alphabetical order,
which were based on a catalog of Spanish surnames.
He expanded it by including the names of places, plants, animals, minerals, art products, and
character traits, both in the native languages and in Spanish.
Accordingly, Claveria distributed the list of family names to the heads of the provinces, then the head
of each province sent a portion of the list to each parish priest.
Depending on what he thought was the number of families in each barangay, the priest allocated a
part of the list to the "cabeza" (barangay head). The cabeza was then asked to assist the oldest
person of each family to choose a surname, upon which registration the individual involved as well
as his direct descendants would from then on use as family name.
Before 1849, Filipinos in general lacked surnames which distinguished them by families. They
arbitrarily adopted names of saints, resulting in the existence of thousands of individuals of the same
surname. This resulted in confusion in the administration of justice, government, finance, and public
order.
Also, as family names were not transmitted from parents to children, degrees of consanguinity were
difficult to assess for the purpose of marriage.
Meanwhile, under the Claveria decree, those who changed or did not use the name recorded in the
new register were threatened with imprisonment. Documents which did not carry the registered
family name were not considered valid.
Hence, since 1850, most Filipinos started using new surnames based on the Claveria list.
The Claveria decree exempted only four native surnames from change: Lacandola, Mojica, Tupas,
and Raja Matanda. Also, those who had consistently used a family name for four generations were
given the option to retain it. All others had to have a new surname
The Revised Penal Code replaced the old Penal Code, which was based on the Spanish Penal Code of
1870. A Spanish royal order in 1886 extended the application of the Spanish Penal Code (with some
modification) to the Philippines.

Rizal was arrested by the Spanish authorities on several grounds, including founding a society,
publishing books and newspapers that spread rebellious and seditious ideas to the public,
possessing a bundle of handbills that violated the Spanish orders, criticizing the religion spread
by the Spaniards and spreading filibusterism in the Philippines.

The Philippine Civil Code is strongly influenced by the Spanish Código Civil, which was first enforced
in 1889 within the Philippines, then a colony of the Spanish Empire. The Código Civil remained in
effect even throughout the American Occupation, however by 1940 the Commonwealth
Government of President Manuel Luis Quezon formed a Commission tasked with drafting a new
Civil Code.

Article 46. The following persons may not marry:

1. Non-emancipated minors.
2. Persons who are already joined in marriage.
Article 47. The following persons may also not marry each other:
1. Direct line relatives by consanguinity or adoption.
2. Collateral relatives by consanguinity up to the third degree.
3. Persons sentenced as authors of or accomplices in the murder of the spouse of either of them.
Article 613. Doves, rabbits and fish that pass from their respective breeding place to another belonging
to a different owner shall become the property of the latter, provided that they have not been attracted by
an artifice or fraud.

Article 657. The rights to a person’s succession are transferred from the time of his death.

Article 1,088. All obligations consist of giving, doing or refraining from doing something.

Article 6.
1. Ignorance of the law does not excuse from compliance
thereof. Error in law shall only have the effects provided in
the law.
2. > Generally, under this concept, private title to land must be traced to some grant, express or
implied, from the Spanish Crown or its successors, the American Colonial Government, and
thereafter, the Philippine Republic
> In a broad sense, the term refers to royal rights, or those rights to which the King has by
virtue of his prerogatives
> The theory of jure regalia was therefore nothing more than a natural fruit of conquest

3. CONNECTED TO THIS IS THE STATE’S POWER

OF DOMINUUM
4. > Capacity of the state to own or acquire property—foundation for the early Spanish decree
embracing the feudal theory of jura regalia
> This concept was first introduced through the Laws of the Indies and the Royal Cedulas
> The Philippines passed to Spain by virtue of discovery and conquest. Consequently, all
lands became the exclusive patrimony and dominion of the Spanish Crown.
> The Law of the Indies was followed by the Ley Hipotecaria or the Mortgage Law of 1893.
This law provided for the systematic registration of titles and deeds as well as possessory
claims
> The Maura Law: was partly an amendment and was the last Spanish land law promulgated
in the Philippines, which required the adjustment or registration of all agricultural lands,
otherwise the lands shall revert to the State