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The Judicial System (Pre-Spanish)

Indigenous Filipinos had their own legal system prior to Spanish colonization, with orally transmitted laws and some written codes by local leaders. Each barangay, comprising 30-100 families, was governed by a datu who served as executive, legislature, and judge. The datu would hear disputes and trials were held publicly, with the accused and accuser presenting their own cases and witnesses providing testimony under oath. When uncertainty remained, trials by ordeal were utilized, as it was believed the gods would protect the innocent through these trials.

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71 views1 page

The Judicial System (Pre-Spanish)

Indigenous Filipinos had their own legal system prior to Spanish colonization, with orally transmitted laws and some written codes by local leaders. Each barangay, comprising 30-100 families, was governed by a datu who served as executive, legislature, and judge. The datu would hear disputes and trials were held publicly, with the accused and accuser presenting their own cases and witnesses providing testimony under oath. When uncertainty remained, trials by ordeal were utilized, as it was believed the gods would protect the innocent through these trials.

Uploaded by

Jude Lein
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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The Judicial System of the Pre-Spanish Filipinos

Indigenous Filipinos had their own laws and justice system even before the arrival of Spaniards
in 1521. These laws were believed to be God-given and were orally transmitted from
generation to generation. There were some written laws which were promulgated by the
datus such as the Code of Maragtas and the Code of Kalantiaw

Philippines were composed of independent barangays, a settlement of about 30 to 100 families. .


Each barangay was governed by a local chief or datu, who had the function and power of an
executive, legislative and judiciary.

In the exercise of his judicial authority, the datu acted as a judge (hukom) in settling
disputes and deciding cases in his barangay. A group of elders, who devoted time to the
study of the customs, usages and traditions of their tribes, sits as a jury.

Trials were held publicly and decisions were rendered promptly. The accused and the
accuser faced each other to plead their own case with their respective witnesses. Before
testifying, these witnesses took an oath to tell the truth and nothing but the truth.
When the court was in doubt as to whom of the litigants were really guilty, it resorted
to trial by ordeal. This is especially true in criminal cases. It was believed that the gods
protected the innocent and punished the guilty and that ordeals revealed divine truth to
the people. An accused person who was innocent was believed to be always successful
in the ordeals because the gods made him so.

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