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CHAPTER IV: STATUTORY LAW

A. Statutory Law

Consists of:

1. 1987 Constitution2. Treaties and International Agreement3. Statutes enacted by the legislature

4. Administrative Rules and Regulations5. Ordinances enacted by the Autonomous Regions6. Ordinances enacted by the Local Government Units

Constitution- law and law of the highest authoritativeness and obligation

- supreme law of the land- the ultimate authority to which reference must be made to determine the validity of national laws,

administrative regulations, local ordinances and executive actions

**SPANISH PERIOD

1808 marked the start of Spanish constitutional history

There was an article in the fundamental law providing that the Philippines should be governed byspecial laws

All laws of the Philippines originated in Spain and was extended by royal decrees Three short periods 1810-1813, 1820-1823, and 1834-1837 Philippines had representation in

the Spanish Cortes

The notion of a Constitution as an instrument that limits governmental authority and establishes a

rule of law for all the governor and the subject, the public official and the private individual, was notcomprehended in theory and in practice.

**THE TREATY OF PARIS (1898)- The legal milestone that marked the commencement of constitutionalism in the country- A treaty which terminated the war between the United States and Spain- The main gate opening to the broadening highway of constitutionalism indicated by the different organic

laws which followed later and progressively enlarged Philippine self-government

- The legal starting point of the Philippine constitutional development which reached full maturity with theadoption of the Constitution of the Philippines and the declaration of Philippine Independence on July 4,

1946

The Treaty of Paris, with its supplemental protocol of agreement extending the period for the declaration ofSpanish nationality, and the additional treaty for the cessation of certain small islands, because of theirdirect bearing on the Philippines, can be considered as a part of the supreme law of the Philippines.

The courts have deemed the provisions of the Treaty of Paris controlling in a number of cases.

The original text of the treaty can be found in:1. Official Gazette, Vol. 1 (Appendix)2. U.S. Statutes at Large, Vol. 303. Public Laws (Philippine Commission and Philippine Legislative)4. Acts of Congress and Treaties Pertaining to the Philippine Islands

**THE MALOLOS CONSTITUTION OF 1899- Took its name from the capital town of the Filipino revolutionary government located in the province of

Bulacan

- The background of this constitution is found in:1. In the centuries of Spanish rule over the Philippines2. Insurrections3. First against the authority of Spain and her bad government4. Later against the assumption of sovereignty by the United States

5. The gradually increasing sense of nationality which nourished in the blood of martyrdom, grew into

a common and ardent desire for independence.

November 29, 1898

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- Congress approved the Constitution and was immediately transmitted to General Aguinaldo forpromulgation

January 21, 1899- President Aguinaldo promulgated the Malolos Constitution, and ordered that it should be kept,

complied with, and executed in all its parts because it is the sovereign will of the Filipino people.

Molding Influences of Malolos Consitution:1. Cartilla and the Sanggunian-Hukuman the charter and code of laws and morals of the Katipunan, drawn

up by Emilio Jacinto (1896)2. Provisional Constitution of Biak-na-Bato (1897), modeled after a revolutionary Constitution of Cuba,

prepared by Isabelo Artacho and Felix Ferrer

3. Constitution for the Island of Luzon promulgated on April 17, 1898 by Gen. Francisco Macabulos

4. Provisional Constitution of Mariano Ponce prepared in Hongkong in April 1898 upon orders of GeneralAguinaldo; following Spanish Constitutions

5. Constitutional Program of the Philippine Republic drafted by Apolinario Mabini which was submitted to therevolutionary government in Cavite on June 6, 1898

6. Autonomy projects of Paterno (1898)

Preamble of Malolos Constitution: We, the representatives of the Filipino people, lawfully convened, in order to establish justice, provide for commondefense, promote the general welfare, and insure the benefits of liberty, imploring the aid of the sovereign Legislatorof the Universe for the attainment of these ends, have voted, decreed, and sanctioned the following politicalConstitution.

Philippine Republic a Filipino state which was organized by the Charter in which sovereignty residing exclusivelyin the people.

3 Branches of Government:

1. Legislative unicameral legislature; assembly of representatives; the members were to be elected for

a term of 4 years; Secretaries of the government were to be given seats in the assembly

2. Executive vested to the President of the Republic who should exercise it through his Secretaries; the

President is to be elected by an absolute majority of the assembly and special representativesassembled in constituent assembly with a term of 4 years and could be re-elected; no Vice President isprovided for

3. Judiciary/Judicial Power vested in one Supreme Court of Justice and in the other courts to be

created by law; membership, organization and other attributes of the courts were to be governed by thespecial laws; President of the Supreme Court of Justice and Solicitor-General were appointed by theNational Assembly in concurrence with the President of the Republic and the Secretaries of theGovernment.

**THE AMERICAN PERIOD- marked by Admiral Deweys victory of the Spanish armada in Manila Bay; Capture of Manila by the

American forces; and Formal ratification of the treaty of peace

Organic Laws the constitution of a territory under the direct control of the federal government; usually anenactment of the congress.

According to Chief Justice Waite of. U.S:

The organic law of a Territory takes the place of a constitution as the fundamental law of the local government. It isobligatory and binds the territorial authorities; but Congress is supreme, and for the purposes of this department, itsgovernmental authority has all the powers of the people of the United States, except such as has been expressly orby implication reserved in the prohibitions of the Constitution.

Principal Organic Laws of the Philippines prior to 1935 Constitution

1. The Treaty of Paris of 18982. The Presidents Instructions to the Second Philippine Commission of April 7, 19003. The Spooner Amendment adopted on March 2, 19014. The Act of Congress on August 29, 1916 (Philippine Autonomy Act or Jones Law)

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Pres. McKinleys Instructions of April 7, 1900

o Includes: Organization and Establishment of courts; Organization and Establishment of Municipal

and departmental governments.

o The legislative power was vested in a unicameral body called the Philippine Commission.

Its legislative authority includes: (1) the making of rules and orders having the effect of lawfor the raising of revenue by taxes, customs duties, and imposts; (2) the appropriation andexpenditure of public funds of the Islands; (3) the establishment of an educational systemto secure an efficient civil service, the organization and establishment of courts; (4) theorganization and establishment of municipal and departmental governments; (5) all othermatters of a civil nature which the military governor is now competent to provide by rulesor orders of a legislative character.

The Spooner Amendment of March 2, 1901

o Provides: All military, civil, and judicial powers necessary to govern the Philippine Islands acquired

from Spain by the treaties concluded at Paris on Dec. 10, 1898 and at Washington on November 7,1900 shall, until otherwise provided by Congress, be vested in such manner as the President of theUnited States direct, for the establishment of civil government, and for maintaining and protectingthe inhabitants of said Islands in free enjoyment of their liberty, property, and religion.

o This measure put an end to the military government over the greater portion of the Archipelago.

o It gave the president authority to establish a truly civil government.

President McKinley created the office of Civil Governor who now then exercise the

executive power previously vested to Military Governor. The Philippine Bill of 1902

o An act temporarily to provide for the administration of civil government in the Philippine Islands.

o Provided for the calling for a popular assembly, to be designated as the Philippine Assembly, after

complete peace should have been established in the Islands and two years should have elapsedfrom the completion and publication of a census.

o July 30, 1907 election for seats in the Philippine Assembly was held.

o Philippine Legislature formed after the convention of Philippine Assembly and Philippine

Commission which was vested with the authority to legislate for all parts of the Philippines outsideof the non-Christian provinces.

o A large portion of it was devoted to the regulation and control of public lands, mining, forests,

commerce, franchises, and municipal bonds

o The Philippines had been completely under the control of Congress since the passage of this Act.

o

Legislative power was vested in the Philippine Commission until 1907 and was then vested in abicameral legislature consisting of the Commission and the Philippine Assembly --- composed of 81members elected by Filipino people for a term of two years.

The Philippine Autonomy Act of 1916o Also known as Jones Law which was passed by Congress on August 29, 1916, superseded the

Spooner Amendment of 1901 and the Philippine Bill of 1902 as the chief organic act of thePhilippines.

o Resembled a constitution in form and content than any of the former organic laws of the

Philippines.

o It contained a preamble; a bill of rights; provisions defining the organization and powers of the

several departments of the government and their limitations; provisions defining the electorate; andmiscellaneous provisions on finance, franchises, and salaries of important officials.

o The Jones Law granted general legislative power except as otherwise provided therein to the

Philippine Legislature.

o

The legislature was bicameral the Senate was composed of 24 members representing 12senatorial districts; they were all elected by the people except for