78. [Similar to old ordinance 28 (q.v., ante, p. 209).]

79. [This ordinance prescribes the method of holding the elections for

gobernadorcillos (see old ordinance 27, ante, pp. 208, 209). Elections

shall be held at the beginning of each year, in the royal buildings,

and nowhere else. If held elsewhere, they shall be considered null

and void, according to Arandía's ordinance no. 11; and the alcalde or

justice violating this order shall be fined, and the notary making the

records shall lose his office. The voters in the elections shall be

the twelve senior cabezas de barangay. If any of these are absent, by

reason of sickness or other cause, the number shall be completed from

the other cabezas de barangay, observing strict seniority always. If

there are not enough cabezas de barangay, the number of twelve voters

shall be completed from the senior notables of the village. With these

the retiring gobernadorcillo shall vote, and they shall nominate three

trustworthy persons for the post of gobernadorcillo, reporting the

number of votes received by each. These nominees must be able to read,

write, and speak Spanish. The ballot shall be secret, and be attested

by the notary. The alcalde-mayor or the justice shall preside at

the election, and the father minister may be present "if he please,

in order to represent what he considers advisable, and for no other

end." The results of the election shall be sent, stamped and sealed,

to the secretary of the superior government, and the appointment

of gobernadorcillo shall be made from Manila, and the proper title

despatched, while the other officials necessary shall be appointed as

heretofore. This applies to the provinces of Tondo, Laguna, Cavite,

Balayan, Mariveles, Bataan, Pampanga, and Bulacan. In other provinces

distant from Manila, elections shall be held in the same manner,

and appointments made by the alcaldes-mayor or justices, who shall be

furnished with blank titles, which they shall fill out. No man shall

assume office without the proper credentials. Names of all appointees

shall be sent to the superior government and entered in the proper

books, as well as the fees of the credentials and stamped paper. The

fees of media-anata shall be collected from all gobernadorcillos

and other officials, the amount of such fees being entered in the

royal treasury annually. The royal officials, on their part, shall

see that all fees are paid, and shall ascertain from the alcaldes and

justices the number of gobernadorcillos in the various jurisdictions,

so that they may check up the records properly.]

80. [Retiring gobernadorcillos shall hold office until all fees have

been met by the newly-elected gobernadorcillos.]

81. [Cabezas de barangay may be elected to the post of gobernadorcillo

without ceasing to act in the former capacity, according to Arandía's

ordinance, no. 21.]

82. [Those becoming cabezas de barangay by inheritance shall obtain

their credentials from the superior government, asking for the same

with the accompanying report of the alcaldes, or the persons by whom

they shall have been proposed. The district of each cabeza de barangay

shall contain not less than forty-five or fifty tributes.]

83. [Since the houses of the Indians are so scattered, and there is so

great lack of zeal in reducing them "under the bells," as is ordered

by the laws and by many royal decrees, many spiritual and temporal

wrongs are caused the Indians. For they do not attend church, and it

is impossible often to attend the sick and give them the sacraments,

so that many of them die without the consolation of religion. It is

impossible to learn the sins committed, or the exact number of those

who should pay tribute. Under penalty of being punished as enemies

to the state, alcaldes-mayor are ordered to reduce the natives into

villages. They shall not allow any house to be more than one-half

league from a church; and, on the other hand, shall not allow them to

be built so close together that there is danger of fire. Reports of

what has been done in this shall be sent to the superior government

annually, under penalty of a fine of 100 pesos. The ecclesiastical

superiors are requested (in accordance with laws ii and iii, título

iii, book vi of the Recopilación), to order their subjects to lend

all the aid possible in the reduction. Any opposition offered shall

be considered just cause for the ends proposed in law xiii, título xv,

book i.]

84. [When the reduction of the villages is completed, the

gobernadorcillo of each village shall take charge of the collection

of the tribute, as compensation for which he shall be given one-half

of one per cent. He shall report promptly to the alcaldes, under

pain of loss of office, to which the deputies shall succeed. This

method will relieve the cabezas de barangay from the collection,

and the latter shall be included in the lists and pay tribute also,

which will amount to a considerable increase to the royal treasury.]

85. [To obviate the harm resulting from the father ministers meddling

in concerns of temporal government (contrary to law lxvi, título xiv,

book i of the Recopilación), alcaldes-mayor are ordered not to allow

any usurpation of their office. All measures advocated by the father

ministers in behalf of the Indians, spiritually and temporally,

shall be presented to the alcaldes-mayor and other justices in a

respectful manner, and shall receive respectful consideration, so that

the Indians may receive a good example thereby, and pay the proper

respect to each one. If the alcaldes are unable to check attempted

usurpation, they shall report the same to the superior government,

which will take the necessary measures. The father ministers shall,

on their side, present grievances against the alcaldes and other

justices who do not attend sufficiently to their recommendations for

the spiritual and temporal welfare of the Indians, to their superiors,

if they do not wish to do so directly to the government, who shall

take the matter up with the proper authorities. Observance of this

ordinance is urged on the secular and regular superiors.]

86. [Alcaldes-mayor must treat the gobernadorcillos with all the

respect due their office, such as never allowing them to stand, in

their houses or other places. Also gobernadorcillos shall be punished

if they do not fulfil their duties with honor, and properly.]

87. [Alcaldes are also ordered to see that the gobernadorcillos are

treated respectfully by the father ministers, "and shall not allow the

latter to lash, punish, or maltreat them, nor leave them standing, or

cause them to leave the baton at the street-door when they go to see

the father curas or missionaries, as this is contrary to the honor and

respect of justice. Neither shall they allow them to serve the plates

in the masses of said fathers, as ministers of justice ought not to

be employed in that service, or others like it, which are suitable

only for servants." All ecclesiastical superiors are ordered to

charge all their subjects not to violate these regulations, and all

the gobernadorcillos and officers of justice shall be notified that

they are not to remain standing before the father ministers; that they

are to go to visit them without leaving the baton of justice behind;

not to serve at the masses; and not to leave the territory of their

respective villages, even under pretext of accompanying the father

minister, the alcalde, or any other person--under penalty of loss of

their post, disqualification from holding any office of justice in

the future, and two months' imprisonment.]

88. [On their part the alcaldes, while preserving the necessary respect

toward justice, must maintain due respect for the priestly office,

and seek always to promote good relations with the father ministers.]

89. [Arandía's ordinance, no. 10, ordering alcaldes and justices to

treat with the father ministers only in writing and to visit them

only when accompanied, is repealed, as it is contrary to law lxv,

título xiv, book i, of the Recopilación. The ecclesiastical superiors

shall do their utmost to restrain their subjects within the bounds of

moderation. Frequent visits between the alcaldes, gobernadorcillos,

and other justices, and the father ministers are recommended. In

this intercourse, however, the gobernadorcillos shall be ruled in

temporal affairs by the orders and commands of the alcaldes-mayor,

but are to maintain due respect to the father ministers--who shall

not meddle with matters of secular government, but shall take the

measures advisable for the spiritual welfare of the Indians.]

90. [Ecclesiastical superiors shall be requested to order their

subjects to preach frequently to the Indians concerning their

obligation of paying the tribute, and the indulgences that they

obtain by taking the bull of the holy Crusade, in view of the many

troubles arising from the lack of instruction in these two points "so

important for their salvation, so in accordance with the intention

of our Catholic monarch, and suitable to the zeal of good ministers

of instruction, and of faithful vassals of his Majesty."]

91. The sumptuousness of the buildings, the churches, and houses of

the missionaries, mistakenly called convents, is one of the burdens

which the Indians unjustly suffer, and which, according to a very

laudable opinion, contributes greatly to their desolation. Moreover,

since it is apparent by the experience of the past war, what harm

said buildings have occasioned, as they serve as shelter and defense

to enemies, it is declared that buildings of stone and tile shall

not be permitted in the provinces where there is danger of enemies,

but only those of boards and nipa; [126] and where it is considered

advisable by the superior government to permit them, a fixed rule

shall be given, ordering that the houses of the missionary ministers

be of moderate style, and in harmony with the plan which must be sent

to each alcalde-mayor--with orders to demolish those which shall be

built new without the necessary licenses, in case that they exceed the

limits of the said plan. [This is in harmony with the royal decree,

dated Madrid, June 18, 1767. The terms of ordinance 67 shall be

observed until other regulations are provided.]

92. [While there is great excess in the sumptuousness of the houses

of the missionaries, there is a corresponding degree of ruin and

dilapidation in the royal buildings throughout the islands. Many are

in so poor condition that they are unfit for habitation, and travelers

and alcaldes-mayor are caused great hardship in their journeys through

the villages. Often it is impossible for the latter to visit their

jurisdiction for the lack of royal buildings; and, because of trouble

with the missionaries, they cannot live in the convents. Still more

disagreeable is it for ministers of the royal Audiencia to exercise

their commissions in the provinces, for it is not in harmony with their

dignity or good for their health for them to lodge in places unsuitable

for habitation; while law lxxxix, título xvi, book ii, forbids them to

take lodging in the convents. In consequence of this it is ordered that

all villages, especially the capitals of the provinces, erect suitable

royal buildings, in accordance with plans that will be issued by the

superior government. These shall be kept in repair, and in them the

gobernadorcillos shall hold their courts and shall have their prisons.]

93. [According to old ordinance 52 (q.v., ante, pp. 223, 224),

and to Arandia's ordinance, no. 17, it is strictly ordered that the

alcaldes-mayor request the father ministers to exert themselves, so

far as it concerns them, to establish schoolmasters in all villages,

who shall teach the Indians to read and write in Spanish, and the

Christian doctrine and other prayers, in accordance with the royal

decree of June 5, 1574. The pay of the masters shall be one peso and

one cavan of rice per month, but may be increased at the option of the

alcaldes-mayor; and it shall be paid from the communal treasuries of

the villages (see no. 25 of the present ordinances). If the masters

do not teach and instruct the Indians in Spanish, they shall make

restitution of all the pay that they have received, be incapacitated

from all employment in the islands, and punished at the will of the

alcaldes-mayor. This matter shall constitute a factor in the visits of

the alcaldes-mayor, and if any persons oppose the teaching of Spanish,

they shall be proceeded against according to law. Neglect on the part

of the alcaldes shall incur punishment in proportion to its degree. As

yet but little zeal has been shown in this matter, and there has

been a total lack of observance of law xviii, título i, book vi,

of the Recopilación, which is in harmony with many royal decrees.]

94. [The visitas or chapels in villages, besides being unnecessary

for divine worship, which is to be held in the churches where the

Indians can attend, are a burden on the Indians, by reason of the

expenses incurred in their building and repairs, and the increase

of feast days (although there should only be the three permitted by

the government), fees, and alms, which must be paid to the curas and

missionaries. Consequently, alcaldes-mayor are ordered, at the time

of their visit, to report to the superior government all the visitas

in their jurisdictions where the sacrifice of the mass is celebrated;

with what authority and license they are established; the distance

from each visita to the church of the village; the advantages derived

from them; the expenses, fees, and alms contributed by the natives; and

all other matters connected with them. No visita shall be established

without the sanction of the superior government.]

All the above sections contained in this royal ordinance shall be

observed and complied with by the governors, alcaldes-mayor, and

corregidors of the provinces of these islands, and by each of the

persons mentioned therein--with warning that, if they do not execute

them, they shall be punished according to the penalties imposed in

them. Given in the city of Manila, and the royal hall of the assembly

thereof, February 26, 1768.

The Philippine Islands, 1493-1898; Volume 50 Explorations by early navigators, descriptions of the islands and their peoples, their history and records of the catholic missions, as related in contemporaneous books and manuscripts, showing the political, economic, commercial and religious conditions of those islands from their earliest relations with European nations to the close of the nineteenth century · 第 91 / 108 题