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    History of Criminal JusticeSystem in the Philippines

    History of the Military of thePhilippines

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    The Government The community called barangay was the basic unit of government. Itconsisted of 30 to 100 families. The tagalog word barangay was derivedfrom the Austronesian balangay, a boat which transported theAustronesian immigrants to the Philippines . the Spaniards changed theletter L in balangay ro r and pronounced it the Spanish way:

    barangay. Each barangay was independent and was ruled by a chieftain.It was the primary duty of the chieftain to rule and govern his people justly and to promote their welfare. The subjects , in the other hand,served their chieftain in times of war with other barangays and helpedhim in tilling and sowing the land. They paid tribute to him. This tributewas called buwis, the Tagalog word for tax . The chieftains children andother relatives were highly respected in the community and wereexempted from paying tribute and from rendering personal services tothe chieftain. The chieftain was powerful and exercised the powers of the executive, thelegislative, and the judiciary. In war, he was the supreme commander.However, he was aided by a council of elders in his role as lawmaker. Thecouncil gave the chieftain some wise pieces of advice in order to guidehim in the administration of justice.

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    The Chieftain of a barangay made the laws ofthe community. When he had a law in ind, hecalled in the council of elders to give theiropinion. If the elders approved the proposedlaw, the chieftain ordered a town cryer, calledumalohokan, to announce to the communitythe approval of the law. With a bell in onehand, the umalohokan would ring it as he wentalong to call the attention of the people. Thenhe explained the new law to them. Any personviolating the law was immediately arrested anbrought before the chieftain for trial.

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    Most disputes during the ancient times were decided peacefully. Thecourt of justice was composed of the chieftain as judge and the elders ofthe barangay as members of the jury . If conflicts arose betweenmembers of different barangays, the differences were resolved byarbitration. A board composed of elders from neutral barangays acted as

    arbiter.The trial of a case was usually held in public. The accuser and the accusedfaced each other with their witnesses. The witnesses usually took an oathto prove their honesty. The oaths took such forms as, May the crocodiledevour me if I tell a lie ; May I die here and now if I do not tell thetruth ; and so forth. Then the parties to the litigation presented theirarguments and their respective witnesses. The man who had orewitnesses was usually judged to be the winner. If the defeated personcontested the decision of the chieftain, the latter openly sided with thewinner and compelled the loser to accept his decision. The loser had noother alternatives than to accept the decision of the chieftain.

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    The trial by ordeal was not unique to the ancient Filipinos. Itwas also done in Europe to determine who of the disputantswas right or telling the truth. As practiced in thePhilippines, the trial by ordeal consisted of ordering thesuspects, in the case of theft, to dip their hands into a pot of

    boiling water. The suspect whose hand was scalded themost was judged guilty. Another form of trial by ordeal washolding lighted candles by the suspects. The suspect whosecandle died out first was the guilty party. Another form oftrial by ordeal consisted of ordering the suspects to plungeinto a deep river with their lances. The one who rises to the

    surface first was pronounced guilty. Still another form wasordering the suspects to chew uncooked rice. The one whosesaliva was thickest was the culprit.

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    The Spanish, arriving in the Philippines in the mid-sixteenth century, found indigenoussystems of law in place that functioned adequately in the towns and villages they veryquickly came to occupy and control. These laws were based on traditional beliefs andcustoms and were enforced by a recognised ruling elite who retained their status andcontrol by maintaining a comparatively high level of wealth. New laws, when they wereneeded, were encoded by these elite groups and then announced to their respectivecommunities. Those citizens who chose not to abide by a set of community laws, or whohad broken them and feared the consequences, could leave, their option being residenceoutside of established villages, usually in the mountains. There they had little contactwith their families, were forced into association with the Negritos who could beantagonistic, and often had little option but to continue or resort to criminal activity toderive some sort of income.

    Those involved in disputes did not necessarily need recourse to the legal system to settletheir differences. The law, however, was there and available if attempts at personalnegotiation failed. Accusations could be made to a village chief acting as a judge and acase could be brought against an individual. If a judge could not settle the matter, it wentto mediation and subsequently to what we may call a trial. Oaths were taken by thelitigants that they would abide the judges decision, witnesses called, testimony heard, adecision reached and a sentence subsequently brought down.Cases coming before a village judge ranged from the civil to the criminal. Matters suchas insults, adultery, deception and defaults on loans were some of the civil cases heard.Thefts, assaults, ambushes, and murder were some of the criminal cases.

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    Punishment varied depending on the severity of the crime and theperson against whom it was perpetrated. Death was a commonsentence, although it may not have been commonly carried out. Itwas frequently commuted to a fine which the guilty party had to

    pay within a set period of time. Failure to pay would result inenslavement. The guilty could also be incarcerated. This usuallymeant being chained or placed in a pillory or stocks, althoughdiscrete rooms or buildings could have served as prisons in thelarger towns.The Spanish did not greatly alter this indigenous system of justice,although the system was to change as the society around itchanged. The royal audiencia was established in the Philippines in1583. This served as an overriding legal body, somewhat like asupreme court, but having administrative as well as legalfunctions. It took the decision to follow the traditional customs inplace in the Philippines with regard to matters of slavery,inheritance, marriage, and other civil matters. This was codified in1599 by Juan de Plasencia when the customary law of the Tagalogswas defined as the common law throughout the Philippines.Spanish law applied in all criminal cases and civil disputes notcovered by customary law.

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    The Spanish retained this system of justice throughout their

    occupation of the Philippines, allowing the native population asubstantial degree of autonomy in running their affairs. Even bythe mid-nineteenth century, each township in a province still hadwhat was called a gobernadorcillo [a petty governor] who was anelected magistrate for the town. He had a number of alguaciles[assistants] in charge of the administration of justice. Each townwas also divided into a number of barangay lead by a cabeza debarangay [a village headman or chief] replacing the earlier dto'and in charge of the 40 to 50 families resident there. To maintainlaw and order the gobernadorcillo also appointed officials calledbilnggo for each barangay . The gobernadorcillo, as a magistrate,tried civil cases involving small sums of money with appealsgoing to the alguaciles . For criminal cases and civil suits involving

    large sums of money, the gobernadorcillo acted as a court of firstinstance with appeals going to the audiencia.

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    The Supreme Court of the Philippines was officiallyestablished on June 11, 1901 through the passage of Act No.136, otherwise known as the Judiciary Law of the SecondPhilippine Comission. By virtue of that law, judicial powerin the Philippine Islands was vested in the Supreme Court,

    Courts of First Instance and Justice of the Peace courts.Other courts were subsequently established.The judicial structure introduced by Act No. 136 wasreaffirmed by the US Congress with the passage of thePhilippine Bill of 1902. The Administrative Code of 1917ordained the Supreme Court as the highest tribunal of thePhilippines with nine members: a chief justice and eightassociate justices. Its decisions could be further appealed tothe U.S. Supreme Court in Washington, D.C.

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    Pre-Colonial Period (before 1565) Battle of MactanThe Battle of Mactan on April 27, 1521, is celebrated as the earliest reported resistance ofthe natives in the Philippines against foreign invaders. Lapu-Lapu , a Chieftain of Mactanisland, defeated Christian European explorers led by the Portuguese navigatorFerdinand Magellan. On March 16, 1521, the island of Samar was sighted. The following morning, March 17,Magellan landed on the island of Homonhon He parleyed with Rajah Calambu ofLimasawa, who guided him to Cebu Island on April 7. With the aid of Magellan's Malayinterpreter, Enrique, Rajah Humabon of Cebu and his subjects converted to Christianityand became allies. Suitably impressed by Spanish firearms and artillery, Rajah Humabonsuggested that Magellan project power to cow Lapu-Lapu, who was being belligerentagainst his authority.Magellan deployed 49 armored men, less than half his crew, with crossbows and guns,but could not anchor near land because the island is surrounded by shallow coralbottoms and thus unsuitable for the Spanish galleons to get close to shore. His crew hadto wade through the surf to make a landing and the ship was too far to support themwith artillery. Antonio Pigaffeta, a supernumeracy on the voyage who later returned toSeville, Spain, records that Lapu-Lapu had at least 1500 warriors in the battle. During thebattle, Magellan was wounded in the leg, while still in the surf. As the crew were fleeingto the boats, Pigafetta recorded that Magellan covered their retreat, turning at them onseveral occasions to make sure they were getting away, and was finally surrounded by amultitude of warriors and killed. The total toll was of eight crewmen killed onMagellan's side against an unknown number of casualties from the Mactan natives.

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    Philippine revolts against Spain Dagami Revolt (1567) Manila Revolt (1574)Conspiracy of the Maharlikas (1587-1588) Dingras Revolt (1589)Cagayan Revolt (1589)Magalat Revolt (1596) Igorot Revolt (1601)

    Irraya or Gaddang Revolt (1621) Sumuroy Revolt (1649-1650) Palaris Revolt (1762 1765) Cavite Mutiny (1872)

    http://en.wikipedia.org/wiki/Dagami_Revolthttp://en.wikipedia.org/wiki/Dingras_Revolthttp://en.wikipedia.org/wiki/Igorot_Revolthttp://en.wikipedia.org/wiki/Juan_Ponce_Sumuroyhttp://en.wikipedia.org/wiki/1872_Cavite_mutinyhttp://en.wikipedia.org/wiki/1872_Cavite_mutinyhttp://en.wikipedia.org/wiki/Juan_Ponce_Sumuroyhttp://en.wikipedia.org/wiki/Igorot_Revolthttp://en.wikipedia.org/wiki/Dingras_Revolthttp://en.wikipedia.org/wiki/Dagami_Revolt
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    Moro campaign (1569-1898)Battle of Cebu (1569)Spanish-Moro Incident (1570) Jolo Holy War (1578 1580)

    Cotabato Revolt (1597)Spanish-Moro Incident (1602)Basilan Revolt (1614)Kudarat Revolt (1625)Battle of Jolo (1628)Sulu Revolt (1628)Lanao Lamitan Revolt (1637)Battle of Punta Flechas (1638)Sultan Bungsu Revolt (1638)Mindanao Revolt (1638)Lanao Revolt (1639)Sultan Salibansa Revolt (1639)Corralat Revolt (1649)Spanish-Moro Incident (1876)

    Limahong campaign (1574-1576) The Invasion of Limahong

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    Eighty Years' War (1568-1648 ) Battle of Cavite (1600)Moluccas Expedition (1606)Siege of Manila (1609-1610)Battle of Playa Honda (1617, 1624)Formosa Expedition (1626-1627)Battles of La Naval de Manila (1646)Battle of Puerto de Cavite (1647)Battle of Abucay (1647)

    Chinese insurrections (1603-1640) First Chinese Insurrection (1603)Second Chinese Insurrection (1639-1640)Seven Years' War (1756-1763) Seven Years' WarBattle of Manila (1762)

    Silang Revolt (1762-1763)Diego SilangGabriela Silang

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    Philippine Revolution (1896-1898)The Philippine Revolution began in August 1896, upon the discovery of the anti-colonialsecret organization Katipunan by the Spanish authorities.The Katipunan , led by Andres Bonifacio, was a secessionist movement and shadowgovernment spread throughout much of the islands whose goal was independence fromSpain through armed revolt. In a mass gathering in Caloocan, the Katipunan leadersorganized themselves into a revolutionary government and openly declared anationwide armed revolution. Bonifacio called for a simultaneous coordinated attack onthe capital Manila. This attack failed, but the surrounding provinces also rose up inrevolt. In particular, rebels in Cavite led by Emilio Aguinaldo won early victories. Apower struggle among the revolutionaries led to Bonifacio's execution in 1897, withcommand shifting to Aguinaldo who led his own revolutionary government. That year,a truce was officially reached with the Pact of Biak-na-Bato and Aguinaldo was exiled toHong Kong, though hostilities between rebels and the Spanish government neveractually ceased.

    Battle of AlapanBattle of BinakayanBattle of DalahicanBattle of Julian BridgeBattle of San Juan del NorteCry of Pugad LawinNegros Revolution

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    The first battle in the Philippine theater was in Manila Bay, where, on May 1, 1898,Commodore George Dewey, commanding the United States Asiatic Squadron aboardthe USS Olympia, in a matter of hours, defeated the Spanish squadron, under AdmiralPatricio Montojo y Pasarn. Dewey's force sustaining only a single casualty a heartattack aboard one of his vessels.After the battle, Dewey blockaded Manila and provided transport for Emilio Aguinaldoto return to the Philippines from exile in Hong Kong. Aguinaldo arrived on May 19 and,after assuming command of Filipino forces on May 24, initiated land campaigns againstthe Spanish. After the Battle of Manila on the morning of August 13, 1898 (a mock battlebetween U.S and Spanish forces), the Spanish governor, Fermin Jaudenes, surrenderedManila to U.S. forces under Dewey.On June 12, 1898, with the country still under Spanish sovereignty, Aguinaldoproclaimed Philippine independence from Spain, under a dictatorial government thenbeing established. The Act of the Declaration of Independence was prepared and writtenin Spanish by Ambrosio Rianzares Bautista, who read it at the proclamation ceremony.The Declaration was signed by ninety-eight persons, among them an American army

    officer who witnessed the proclamation. The insurgent dictatorial government wasreplaced on June 23 by an insurgent revolutionary government headed by Aguinaldo aspresident. The Spanish American War was formally concluded on December 10, 1898 bythe Treaty of Paris between the United States and Spain. In that treaty, Spain ceded thePhilippine Archipelago to the United States, and the United States agreed to payUS$20,000,000 to the Spanish government.The United States then exercised sovereigntyover the Philippines. The insurgent First Philippine Republic was formally establishedwith the proclamation of the Malolos Constitution on January 23, 1899.

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    Philippine-American War (1899-1913) The Philippine American War was a conflict between the United States of America andthe First Philippine Republic from 1899 through at least 1902, when the Filipinoleadership generally accepted American rule. A Philippine Constabulary organized in1901 to deal with the remnants of the insurgent movement and gradually assumed theresponsibilities of the United States Army. Skirmishes between government troops andarmed groups lasted until 1913, and some historians consider these unofficial extensions

    part of the war.Siege of CatubigBattle of Tirad PassBattle of Pulang LupaBattle of PayeBattle of Makahambus HillBattle of Mabitac

    Battle of LonoyBattle of PagsanjanBattle of SiranayaBattle of the Malalag RiverBattle of QuinguaBattle of Balangiga

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    World War 1 (1914-1918) In 1917 the Philippine Assembly created the PhilippineNational Guard with the intent to join the AmericanExpeditionary Force. By the time it was absorbed into the

    National Army it had grown to 25,000 soldiers. However,these units did not see action. The first Filipino to die inWorld War I was Private Tomas Mateo Claudio who servedwith the U.S. Army as part of the American ExpeditionaryForces to Europe. He died in the Battle of Chateau Thierry inFrance on June 29, 1918. The Tomas Claudio Memorial

    College in Morong Rizal, Philippines, which was founded in1950, was named in his honor. World War 2 (1939-1945)

    The first Filipino military casualty during the Second WorldWar was serving as an aviator with British forces. FirstOfficer Isidro Juan Paredes of the Air Transport Auxiliarywas killed on November 7, 1941, when his aircraft overshota runway and crashed at RAF Burtonwood. He was buriedat Great Sankey (St Mary) Churchyard Extension, but laterrepatriated to the Philippines. Paredes Air Station in IlocosNorte, was named in his honor.

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    U.S. Army Forces Far East (USAFFE)United States Armed Forces in the Philippines -Northern Luzon (USAFIP-NL)

    Philippine Scouts (PS)Philippine Constabulary (PC)Commonwealth Army of the Philippines

    Recognized Guerrilla Units

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    The Philippines joined the Korean War in August 1950. ThePhilippines sent an expeditionary force of around 7,500combat troops. This was known as the PhilippineExpeditionary Forces To Korea, or PEFTOK. It was the 4thlargest force under the United Nations Command then

    under the command of US General Douglas MacArthur thatwere sent to defend South Korea from a communistinvasion by North Korea which was then supported by MaoZedong's China and the Soviet Union. The PEFTOK tookpart in decisive battles such as the Battle of Yultong Bridgeand the Battle of Hill Eerie. This expeditionary force

    operated with the United States 1st Cavalry Division, 3rdInfantry Division, 25th Infantry Division, and 45th InfantryDivision.Battle of Yultong BridgeBattle of Hill Eerie

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    The Philippines was involved in the VietnamWar, supporting civil and medical operations.Initial deployment in 1964 amounted to 28

    military personnel, including nurses, and 6civilians. The number of Filipino troops whoserved in Vietnam swelled to 182 officers and1,882 enlisted personnel during the period1966-1968. This force was known as thePhilippine Civic Action Group-Vietnam orPHILCAG-V.

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    The Philippines sent 200 medical personnel toassist coalition forces in the liberation ofKuwait from the stranglehold of Iraq then led

    by Saddam Hussein.

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    The Philippines sent 60 medics, engineers andother troops to assist in the invasion of Iraq.The troops were withdrawn on the 14th of July,2004, in response to the kidnapping of Angelodela Cruz, a Filipino truck driver. Wheninsurgent demands were met (Filipino troopsout of Iraq), the hostage was released. While inIraq, the troops were under Polish command(Central South Iraq). During that time, severalFilipino soldiers were wounded in an insurgentattack, although none died.

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    Early 1950s to presentHukbalahapNew People's ArmyNational Democratic Front

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    Late 1960s to presentMoro National Liberation FrontMoro Islamic Liberation FrontAbu Sayyaf Conflict

    The Burnham Hostage CrisisThe Maundy Thursday Rescue

    Rajah Sulaiman movement

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    People Power Revolution19861987 Philippine coup attempts1989 Philippine coup attemptEDSA Revolution of 2001

    Attempted coups against Gloria Macapagal-ArroyoEDSA IIIOakwood Mutiny -The Oakwood Mutiny refers to a short-livedevent which occurred in 27 July 2003 when members of thePhilippine Marine Corps and Army took hold of the GloriettaMall and the Oakwood Premier Condominium in Makati City.See Oakwood Mutiny 2006 state of emergency in the PhilippinesManila Peninsula Mutiny

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    Treaty of Paris (1763) (minor role) Treaty of Paris (1898)The National Defense Act of 1935 - In 1935 The National DefenseAct of 1935 was enacted. President-elect Manuel L. Quezonconvinced Chief of Staff of the United States Army GeneralDouglas MacArthur to act as the military adviser to theCommonwealth of the Philippines. MacArthur was given the title" Military Advisor to the Commonwealth Government" and tasked withestablishing a system of national defense, for the Philippines, by1946. For a time, MacArthur would also act as the Field Marshal ofthe Philippine Army.Southeast Asia Treaty Organization (SEATO) (dissolved) Mutual Defense Treaty between the Republic of the Philippinesand the United States of America (1951)RP-US Visiting Forces Agreement

    BALIKATAN - "Shoulder to Shoulder" Joint US-Philippines MilitaryExercises

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    Eighty Years' WarSeven Years' WarCochinchina CampaignPhilippine RevolutionSpanish American WarPhilippine American WarWorld War IWorld War II

    Japanese occupation of the PhilippinesPhilippines campaign (1941-42)Philippines campaign (1944-45)

    Cold WarKorean WarVietnam WarCommunist Insurgencies

    War on TerrorIslamic InsurgenciesOperation Iraqi Freedom

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    www.wikipidea.orgPhilipine History: Expanded and UpdatedVersion by Teodoro A. Agoncillo &

    Fe. B Mangahas101 Stories of the Philippine Revolution byDr. Ambeth R.Ocampo

    Social Studies in Perspective 1Social Studies in Perspective 2

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