Statutory Law
Statutory Law
Y LAW
Reporters:
Queenie Urena
Maricar Sison
Raquel Cecelia Tiu
Ma. Rosalinda Salano
THE PHILIPPINES
CONSTITUTION
Law and law of the highest authoritativeness and
obligation
the war between the United States and Spain and initiating constitutional developments in the
Philippines. It led to the establishment of various organic laws that gradually expanded
Philippine self-government. This process culminated in the adoption of the Constitution of
the Philippines and the declaration of Philippine Independence on July 4, 1946. The Treaty of
Paris, including its supplemental protocol and related treaties, is considered part of the
supreme law of the Philippines, with its provisions often cited in legal cases. The official text
of the treaty can be found in various official publications and repositories, including the
Official Gazette and U.S. Statutes at Large.
THE MALOLOS
CONSTITUTION OF 1899
The Malolos Constitution, born from centuries of resistance against Spanish and American rule,
was ratified on November 29, 1898, and proclaimed on January 21, 1899, establishing the
foundation of the Philippine Republic. Influenced by previous constitutional efforts and sources
like the Katipunan's charter and Biak-na-Bato Constitution, it emphasized justice, defense,
welfare, and liberty in its preamble, affirming sovereignty in the people. Modeled after the
Spanish Constitution, it enshrined a comprehensive Bill of Rights, protecting freedoms of
religion, speech, press, and association.
The unicameral legislature, known as the assembly of representatives,
featured four-year terms and included Secretaries of Government. Executive
power rested with the President, exercised through secretaries, while
judicial power was vested in a Supreme Court and other courts as per
special laws. The President of the Supreme Court and the Solicitor-General
were appointed by the National Assembly with the President's concurrence.
AMERICAN PERIOD
Admiral Dewey's triumph over the Spanish fleet in Manila
This amendment marked the transition from military to civil governance in the
Philippines. It vested essential powers for governing the Philippines in the
President of the United States, leading to the establishment of the role of Civil
Governor and the retention of legislative authority by the Philippine
Commission. The Spooner Amendment laid the foundation for the civil
government in the Philippines under American rule.
3.The Philippine Bill of 1902
Enacted on August 29, 1916, the Jones Law replaced previous organic laws and
served as the principal governing legislation for the Philippines until the
establishment of the Commonwealth. It established a bicameral legislature and
granted general legislative power to the Philippine Legislature. The Jones Law
marked a significant step towards self-governance for the Philippines and
shaped its political and administrative structure during the American colonial
period.
THE COMMONWEALTH
ThePERIOD
Tydings-McDuffieLaw of 1934
Signed by U.S. President Franklin D. Roosevelt on March 24, 1934, and approved by the
Philippine Legislature on May 1, 1934, this law facilitated the transfer of American
sovereignty over the Philippines. It provided for a ten-year transition period leading to the
establishment of an all-Filipino Commonwealth government. The law authorized Filipinos
to draft a constitution through a delegate convention, aiming for independence. Legislative
history can be found in the Philippine Charter of Liberty, and the full text is available in the
U.S. Statutes at Large and U.S. Code.
The 1935 Philippine Constitution:
Martial Law was declared on September 21, 1972, during the 1971 Constitutional Convention. Despite this, the
Convention approved the proposed Constitution of the Republic of the Philippines. Subsequently, the President
issued Presidential Decree No. 73, presenting the Constitution for ratification by the Filipino people.
Introduces a parliamentary system, replacing the presidential system outlined in the 1935 Constitution.
Establishes a President as head of State, a National Assembly, and a Prime Minister chosen from National
Assembly members.
C. Amendments to the 1973 Constitution:
Established after the "People Power" movement in February 1986, which led to the
installation of a new government with Corazon Aquino as President. Aquino declared a
revolutionary government and issued Proclamation No. 1, asserting power based on the
people's will. The Freedom Constitution adopted certain provisions from the 1973
Constitution.
E. The 1987 Constitution:
legislative enactments, serving as compacts between nations for public welfare. The
Philippines participates in numerous international agreements, with official texts
published in the Official Gazette and the Treaty Series by the Department of Foreign
Affairs. Secondary materials by legal experts such as Abad Santos, Salonga, Coquia,
Cruz, and Santiago provide valuable insights into treaties and international law,
enriching understanding in this legal domain.
STATUTES ENACTED BY THE LEGISLATURE
1. LEGISLATION IN GENERAL
people as legal minors, under the "la república de los Indios," with
separate laws and magistrates. Two types of laws were enforced:
those for Spanish citizens extended to the Philippines, and laws
specific to the colony.
B. MODERN SPANISH CODES
In 1811, Cortes in Cadiz initiated codification of Spanish