1. Introduction
The Philippines is an archipelago of 7,107 islands with a land area of 299,740 sq. kilometers. It is surrounded by the Pacific Ocean on the East, South China Sea on the North and the West and the Celebes Sea on the South. This comprises the National Territory of the Philippines. Article I of the 1987 Constitution provides that the "national territory comprises the Philippine archipelago, with all the islands and waters embraced therein and all other territories which the Philippines has sovereignty or jurisdiction."
The Filipino culture was molded over more than a hundred ethnic groups consisting of 91% Christian Malay, 4% Muslim Malay, 1.5% Chinese and 3% others. As of the 2000 national census, the population of the Philippines is 76.8 million and is now estimated at 88,706,300 million. The census is scheduled to be undertaken this 2007.
Filipino is the national language (1987 Constitution, Art. XIV, sec. 6). However, Filipino and English are the official languages for the purpose of communication and instruction (Art. XIV, sec 7). There are several dialects or regional languages spoken throughout the different islands of the country, but there are eight major dialects, which include Bicolano, Cebuano, Hiligaynon or Ilongo, Ilocano, Pampango, Pangasinense, Tagalog, and Waray.
There are two major religions of the country: Christianity and Islam. Christianity, more particularly Catholicism, is practiced by more than 80% of the population. It was introduced by Spain in 1521. The Protestant religion was introduced by American missionaries.
Aglipay, or the Philippine Independent Church, and the Iglesia ni Kristo are two Filipino independent churches. Other Christian religious organizations like the El Shaddai and 'Jesus is Lord' have been established and have a great influence to the nation.
Religion has a great influence in the legal system of the Philippines. For the Muslim or Islamic religion, a special law, the Code of Muslim Personal Laws, was promulgated and special courts were established, the Shari'a courts.
2. Political Structure
The Constitution is the fundamental law of the land. The present political structure of the Philippines was defined by the 1987 Constitution, duly ratified in a plebiscite held on February 2, 1987.
The 1987 Constitution provides that the Philippines is a democratic and republican state where sovereignty resides in the people and all government authority emanates from them (Article II, section 1).
3. Government Structure
The government structure differs as one goes through the history of the Philippines, which may be categorized as follows: a) Pre-Spanish; b). Spanish period; c). American period; d). Japanese period; e). Republic; and f). Martial Law Period
a) Pre-Spanish (before 1521)
The Barangays or independent communities were the unit of government structures before Spain colonized the Philippines. The head of each barangay was the Datu. He governs the barangays using native rules which are customary and unwritten. There were two codes during this period: the Maragtas Code issued by Datu Sumakwel of Panay Island and the Code of Kalantiao issued by Datu Kalantiano in 1433. The existence of these codes is questioned by some historians.
Just like many ancient societies, trial by ordeal was practiced.
b) Spanish period (1521-1898)
The Spanish period can be traced from the time Magellan discovered the Philippines when he landed on Mactan Island (Cebu) on March 16, 1521. Royal decrees, Spanish laws, and/or special issuances of special laws for the Philippines were extended to the Philippines from Spain by the Spanish Crown through the councils. The chief legislator is the governor-general who exercises legislative functions by promulgating executive decrees, edicts or ordinances with the force of law. The Royal Audencia, or Spanish Supreme Court, in the Philippines also exercised legislative functions when laws are passed in the form of autos accordados. Melquiades Gamboa, in his book entitled " An Introduction to Philippine Law" (7th ed, 1969), listed the most prominent laws in this period: Fuero Juzgo, Fuero Real, Las Siete Partidas, Leyes de Toros, Nueva Recopilacion de las Leyes de Indias and the Novisima Recopilacion. Some of these laws were also in force in other Spanish colonies. Laws in force at the end of the Spanish rule in 1898 are as follows: Codigo Penal de 1870, Ley Provisional para la Aplicaciones de las Dispociciones del Codigo Penal en las Islas Filipinas, Ley de Enjuciamento Criminal, Ley de Enjuciameniento Civil, Codigo de Comercio, Codigo Civil de 1889, Ley Hipotecaria, Ley de Minas, Ley Notarial de 1862, Railway Law of 1877, Law of Foreigners for Ultramarine Provinces and the Code of Military Justice. Some of these laws remained in force even during the early American period and/or until Philippine laws were promulgated.
