Philippine Law on Persons and Family Relations - What It Says, What It Means, and Why It Is like That

PHILIPPINE LAW ON PERSONS AND FAMILY RELATIONS:

WHAT IT SAYS, WHAT IT MEANS, AND WHY IT IS LIKE THAT

By Gilbert S. Coronel

I. THE BARANGAY

The Philippines is an archipelago. It has more than 7,100 islands and the islands form three main groups: Luzon up north, Mindanao down south, and Visayas in the middle.

Early historians claim that the original inhabitants of the archipelago were Negritos, who were short, dark, kinky-haired and snub nosed. This was before fossils of three individuals were discovered in the caves of Tabon, Palawan in the Visayas. Carbon dating of the fossils revealed that these cave dwellers lived 22,000 to 24,000 years ago. There were no indications that they were Negritos.

The first inhabitants, though, were hunters and gatherers who developed basic tools and pottery. Later they settled in areas near water, cultivated the soil and engaged in fishing. Small communities were established. There were significant encounters with Chinese, Arab and Indian traders, and significant influences from their great cultures.

In the 13th century, ten datus led by Datu Sumakwel escaped with their families from the tyrant sultan of Borneo and arrived in the Visayas. They arrived in long boats the Malays call balanghai and settled in Panay island. These families of Indo-Malay bloodlines are taller, brown-skinned and had medium-sized noses and proud foreheads. They integrated with the natives and divided the island among themselves. Separate communities were established, with the datu as chiefatin of each community. The community is known as barangay, named after the boat or balanghai.

The datus formed a confederation of barangays, and Datu Sumakwel became the head chieftain of this federation. Later some datus moved up north and established their fiefdoms in Luzon.

Religion included belief in one God, called Bathala, in life after death, and in the existence of deities and supernatural beings, similar to fairies and demi-gods, called anito or diwata. Religious sacrilege or profanity, and disturbing the quiet of the dead, are punished by burning, beating or being eaten by ants.

Marriage ceremonies up north are simple rituals where the couple would declare their intention to become husband and wife in front of the spiritual elder, priest or priestess. Tribal dancing followed; rice, meat and soup would be served on leaves and trunks of banana trees.

In the 16th century, Ferdinand Magellan, a Portuguese explorer serving the Spanish royalty, was in the middle of his voyage to circumnavigate the globe. He lost his way and found what would later be known as the Philippine archipelago. The local chieftain, Lapu-lapu, defeated his troops and killed Magellan.

Colonization by Spain began. Spanish troops and missionaries conquered the archipelago almost without a fight from the divided inhabitants - except for the Muslim population who were never conquered, but were driven down south to Mindanao by the foreign invaders.

The country was named Las Islas Filipinas, Philippine islands, after the King of Spain, Felipe II, and its inhabitants were first called indios (natives), then Filipinos.

Some historians say we had no written laws before the Spaniards came. There were only about fifty families in every barangay. Except for the local chieftain, everyone considered themselves equal. If there was a dispute they let the chief decide. The decision is final and that's the end of it. There was no need for written rules.

Others claim pre-colonial laws were promulgated and written but these were destroyed by the elements and the Spanish missionaries. According to Filipino historian Teodoro A. Agoncillo, "(t)he laws, customary and written, dealt with various subjects, such as inheritance, divorce, usury, partnership, crime and punishment, property rights, family relations, adoption, and loans. Criminal laws dealt with felonies, or major crimes, and minor crimes. A recidivist or habitual criminal was punished more severely than the one who committed a first offense. Major crimes were rape, incest, murder, witchcraft, insult, trespassing, sacrilegious acts, and larceny. A man guilty of any of these crimes were punished to death or by a heavy fine. Minor crimes, on the other hand, consisted of such misdemeanors as adultery, cheating, petty theft, perjury, disturbance of the peace of the night by singing, and destroying documents owned by a chief. These misdemeanors were punished by exposure to the ants, by a small fine, by flogging, by cutting the fingers of one hand, or by swimming for a certain number of hours."

Cases were brought before the chieftain, who decides the case with the help of barangay elders. Agoncillo adds: "Probably because there were no lawyers at the time, all trials were conducted efficiently and without any delay."

To this day, the barangay remains small and is still the Philippines' basic political unit. Only 2,000 inhabitants are required to create a new barangay in the towns, provinces and small cities; in metropolitan areas and highly urbanized citries, only 5,000 inhabitants.

Under our Local Government Code, the barangay "serves as the primary planning and implementing unit of government policies, plans, programs, projects and activities in the community, and as a forum wherein the collective views of the people may be expressed, crystallized and considered, and where disputes may be amicably settled."

The barangay chief, now called the "punong barangay", does not have the legislative and judicial powers of the original chieftain, but modern law has retained primordial functions of the original barangay. Generally, litigants coming from the same community must try to settle their dispute at the barangay level before they could take their civil cases to court. The punong barangay presides over dispute settlement proceedings assisted by a panel of peacemakers. They only encourage parties to settle but do not decide on the issues of the case. Lawyers are not allowed to represent parties in these barangay proceedings.

For the Filipino today, the barangay is still the community you grew up in, where you played and fought with neighbors, and probably had your first crush. In the nearby market you can buy the most tender and delicious fish, named after Magellan's executioner, our country's first hero, Lapu-lapu.

II. THE CODE OF KALANTIYAW

The Code of Kalantiyaw is the only well-known