The Government of The Philippines in Transition

The Government of the Philippines in
Transition
THE PRE-SPANISH GOVERNMENT
(1.) Unit of government-Prior to the arrival of the Spaniards, the Philippines
was composed of settlements or villages, each called barangay (consisting of
more or less 100 families), named after balangay, a Malayan word meaning
“boat” (thereby confirming the theory that the early Filipinos came to the
Philippines in boats). Every barangay was virtually a state, for it possessed the
(4) basic elements of statehood.
(2.) Datu- Each barangay was ruled by a chief called “datu” in some places,
and rajah, sultan or hadji in others. He was its chief executive, law-giver,
chief judge, and military head. In the performance of his duties, however he
was assisted usually by a council of elders (maginoos) which served as his
advisers. One could be a datu chiefly by inheritance, wisdom, wealth, or
physical prowess.
In form, the barangay was a monarchy with the datu as the
monarch.
.
(3) Social classes in the barangay- the people of the barangay were divided
into four (4) classes, namely: the nobility (maharlika) , to which the datu
belonged, the freemen (timawa), the serfs (aliping namamahay), and the
slaves (aliping sagigilid).
(4) Early laws- A legal system already existed in the Philippines even in pre-
colonial times. The early Filipinos had both written and unwritten laws.
The written laws were promulgated by the datus. The two (2) known written
codes in the pre-Spanish era are the “Maragtas Code” which was said to have
been written aboout 1250 A.D. by Datu Sumakwel of Panay, and the
“Kalantiaw Code” written in 1433 A.D. by Datu Kalantiaw, also of Panay. The
unwritten laws consisted of customs and traditions which had been passed
down from generation to generation.
5. Comparison with other ancient governments
 Laws of the barangay were generally fair. The system of government,

although defective was not so bad considering the conditions in other lands
in the age during which it flourished.
 An eminent scholar has written: “The Filipino people, even in the pre-
historic times had already shown high intelligence and moral virtues; virtues
and intelligence clearly manifested in their legislation, which, taking into
consideration the circumstances and the epoch in which it was framed, was
clearly as wise, as prudent, and as humane, as that of the nations then at
the head of civilization.”
Government during the Spanish Period
 (1) Spain’s title to the Philippines- based on the discovery made by Ferdinand Magellan,
in 1521, consummated by its conquest by Miguel Lopez de Legazpi 45 years later and
long possession for almost four (4 ) centuries, until it was terminated in 1898, when by
the Treaty of Paris, the Philippines was ceded by Spain to the United States.
 (2) Spanish colonial government- From 1565 to 1821, the Philippines was indirectly
governed by the King of Spain through Mexico because of the distance of the Philippines
from Spain. From 1821, when Mexico obtained her independence from Spain, to 1898,
the Philippines was ruled directly from Spain. The council in Spain is responsible for the
administration of the Philippines was the Council of the Indies. In 1837, it was abolished
and legislation for the Philippines was temporarily performed by the Council of Ministers.
From 1863, the Ministry of Ultramar (colonies) exercised general powers of supervision
over Philippine affairs.
 Three (3) times during the Spanish period (1810-1813, 1820-1823, and 1836-1837), the
Philippines was given representation in the Spanish Cortes, the legislative body of Spain.
 A basic principle introduced by Spain to the Philippines was the union of the church and
the state.
(3) Government in the Philippines unitary
 The government which Spain established in the Philippines was centralized

in structure and national in scope. The barangays were consolidated into
towns (pueblos) each headed by a gobernadorcillo (little governor), popularly
called capitan, and the towns into provinces each headed by a governor who
represented the Governor General in the province.
 Cities governed under special charters were also created. Each of these
cities had an ayuntamiento or cabildo (city council). Cebu was the first city to
be established in 1565 in the Philippines. The second was Manila, in 1571.
 (4) The Governor-General- the powers of the government were actually

exercised by the “Governor-General who resided in Manila. He was
“Governor- General,” “Captain General,” and “vice-royal patron.” As
Governor-General, he had executive, administrative, legislative and judicial
powers.

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The Government of the Philippines in

 Laws of the barangay were generally fair. The system of government,

 The government which Spain established in the Philippines was centralized

 (4) The Governor-General- the powers of the government were actually

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