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.