[LEGHIS] Indigenous Law 2

What was the least developed form of law in pre-conquest custom law?

Law of property, law of contracts

Why was the law. of property and contracts the least developed in pre-conquest custom law?

• Abundance of resources; no need to produce and store so much

• Subsistence economy; self-sufficiency as goal

• Mostly bartering consumables lang on the spot

What are the differences between primitive and sedentary societies in terms of property

• Primitive: property rights are confined to similar prohibitions of theft

• Sedentary; greater complexity

Did pre-colonial Filipinos consider land as property

Yes; at some point, they began to

For pre-colonial Filipinos, what was the basis for a person’s title to a land?

Occupation

If land was owned by someone, it could not be used by another except on the basis of the following…

• Lease

• Purchase

• Inheritance

How did people get lands in the first place in pre-colonial Philippines?

After the discovery of a territory, the barangay chief would allocate arable lands among various households, to be passed through successive generations

What did inland barangays not have much access to?

Salt and fish

What did coastal barangays not have much access to?

• Rice

• Cloth

• Forest products

Were loans observed in pre-colonial Philippines

Yes

Was usury happening in pre-colonial Philippines

Yes

Was interest happening in pre-colonial Philippines

Yes

Provide an example of how interests were a thing in pre-colonial Philippines

• If someone lent rice to anyone, they were allowed 1 year for repayment

  • If loans were not repaid after first harvest, amount is doubled

  • If loans were not repaid at the third harvest, then fourfold

How did business loans work in pre-colonial Philippines? Depending on the success or failure of the business

• If successful: part of the profit goes to the lender

• If not successful: obligation is limited to repayment

Was sangla a thing in pre-colonial Philippines

Yes

How would you sangla if you had no valuable items

A friend or family member could guarantee a loan by acting as a bondsman (like a co-signer)

How would you sangla if you had no friends/family or property

You would offer your own labor or services

What was the usual form of business association in pre-colonial Philippines

Partnership

Was there a concept of business liability in pre-colonial Philippines?

Yes

How did business liability look like in pre-colonial Philippines? Provide an exa,mple

Mandatory ransom

• If a partner was seized or captured while on business, the partner who remained must pay half of the ransom price

What were crimes mainly focused on in pre-conquest criminal aw?

1. Protection of life

2. Protection of the ruling class

3. Protection of property

4. Protection of honor and reputation

Were punishments for theft strong or weak?

Notably strong - if caught in the act, a thief could be killed without penalty

When blood money was paid to stop blood feuds, where would the money go

• Half of the gold would go to the chiefs

• The other half of the gold would go to the family of the victim

What is larao

Mourning ritual for when a chief dies

What does larao entail

• No quarreeling

• No festive clothing

• No singing

• No carrying of weapons in a specific manner

Were people exempt from being punished if they weren’t aware of the law in pre-colonial Philippines?

No

Was there torture, harsh labor, and imprisonment in pre-colonial Philippines?

No — those things came iwth the Spnaish

Was capital punishment regularly imposed in pre-colonial Philippines?

Nope — just fines or composition

What would peopel think if you committed a crime using sorcery or poision?

Death penalty, or basta grave

What were the 3 techniques in use for the settlement or resolution of disputes

• Mediation and conciliation

• Arbitration

• Formal adjudication

What were the preferred modes of dispute settlement?

Mediation and conciliation

Adjudication only if parties disagreed on details for settlements, or if the case is complicated

Who often acted as mediators in a local dispute?

Respected elders or even datus

If mediators succeeded, were they compensated by the parties?

Yes, usually

Were there “modern trials” in pre-colonial Philippines, based on objective evidence and testimony?

Yes

Did all datus have great judicial authority in their barangays?

Nope — depended on how integrated the communities were

What were the different kinds of trials by ordeal?

• River test

• Boiling water test

• Candle test

• Bundle/cloth test

What was the river test

Suspects were submerged in deep waters with spears; first to surface = guilty

What was the boiling water test

Stone was placed in boiling water; suspects were ordered to retrieve it — refusal meant guilt

What was the candle test

Identical candles were lit for each suspect; the one whose candle extinguished first was considered the thief

What was the bundle/cloth test

Each suspect submitted a bundle to see if the stolen item was hidden inside

What was the pecuniary compensation called?

Composition

What were oaths

Spiritual contract; swearing on the truth of your testimony by surrendering yourself to a deity