Lawsuits in the Philippine Islands

Don Phelipe, etc. When I ordered the suppression of my royal audiencia

and chancilleria resident in the city of Manila of the Filipinas

Islands, and established there a governor and lieutenant-governor

(the latter of whom is a lawyer), to take care of matters of justice,

one of my decrees was ordered to be promulgated, in which was declared

the order to be followed in the hearing of suits and causes that

might arise in the said islands. This is of the following tenor:

"Don Phelipe, by the grace of God, king of Castilla [his other titles

follow]. Inasmuch as, for certain reasons advantageous to my service,

I have resolved to order the suppression of my royal audiencia, at

present established in the Philipinas Islands, and have appointed

as my governor and captain-general of them Gomez Perez Dasmarinas,

knight of the order of Santiago, and you, the licentiate Pedro de

Rojas (at present my auditor in my said royal Audiencia), as his

lieutenant-governor and counselor, to determine matters of justice;

and inasmuch as, the said Audiencia not having existence, it is

advisable that for the peace and tranquillity of the said islands and

the citizens and inhabitants thereof, and the good administration

of justice therein, you should understand the system that you are

to observe and follow in the hearing and determination of the suits,

which were moved and were pending in the said Audiencia, or that will

be moved hereafter: I declare, desire, and will that in all cases you

shall hear, sentence, determine, and execute in the following form

and manner. All the suits that were pending in the said Audiencia,

and were not concluded on trial, you shall resume in the condition

in which they were left, and they shall be prosecuted before you. You

shall pass sentence upon them; and if appeal is made by the parties, or

either one of them, from your decisions, you shall submit the appeal to

the president and auditors of my royal Audencia residing in the city of

Mexico, in Nueba España. You shall likewise refer to my said Audiencia

of Mexico the suits that may have received sentence on trial in the

said Audiencia, if appeal has been made from the sentence, so that

the cases may be prosecuted before it, and sentenced in review. And if

any suits were sentenced in review in the said Audiencia of the said

Philipinas Islands, and the execution of the sentences is demanded,

then you are authorized to have them executed, as well as the sentences

given on trial in the said Audiencia in suits pending therein, and

on which no appeal was made, and if the said sentences on trial were

passed in a case where judgment was rendered. Likewise I declare, and

it is my will, that you may hear and try the suits regarding Indians

which shall be moved in the said islands henceforth, and those which

might come before you on appeal from the corregidors that are and were

in the said islands. In hearing the said suits regarding Indians,

you shall observe the royal decree and edict given at Malinas, and

the declarations that were made regarding it. In this and in all the

abovementioned cases, as well as in all other suits and causes that the

said Gomez Perez Dasmarinas can and ought to try, as being governor and

captain-general, and you, the said licentiate Pedro de Roxas, as his

counselor and lieutenant-governor, for the determination of the said

suits and matters of justice, you shall observe the laws and ordinances

of these kingdoms, and the instructions, provisions, and decrees,

given by the emperor and king, my sovereign (may he rest in peace),

and by me, and those that shall be given. And for authorization to

perform and fulfil all that is above mentioned, and any portion and

part of it, and all else annexed and pertaining to it, I grant you

as complete and sufficient power as is required and as is needed. I

order the presidents and auditors of my royal audiencias of the said

Nueba España, and all the councils, magistrates, regidors, knights,

esquires, officials, and good men of all cities, towns, and hamlets

of Nueba España and of the said islands, to keep and observe this my

decree in every point, according to the tenor of what is contained

and declared therein; and that, for its fulfilment, they give and

cause to be given to you the help and assistance that you request

and that is necessary. And I order my said presidents and auditors of

my said royal Audiencia of Mejico to hear the said suits that shall

be sent there, in accordance with the above order; and that they

give sentence and conclusion to them in accordance with the law and

ordinances of these kingdoms, and with the said ordinances, provisions,

and decrees; and none of you shall violate them. Given at San Lorenzo,

August twenty-one, one thousand five hundred and eighty-nine.

_I The King_

I, secretary of the king, our sovereign, had this written by his order.

_Juan de Ybarra_"

I have been informed recently that, because of the great distance

of those islands from the city of Mexico (to whose Audiencia must be

sent appeals in the said causes), many, especially the poor, refuse to

prosecute their suits; for in some of them the costs amount to more

than the principal, besides the annoyance of the delay. This serves

as a cause for grief and annoyance, from which the wealthy profit to

the injury of most of that community. As I desire the relief of this

state of things, I order, with the concurrence of my royal Council of

the Indias, for the present that henceforth all suits for the value

of one thousand ducados or less be concluded in the courts of the said

Philipinas Islands. If appeal be made from the sentences given at the

first instance, and substantiated in the second, in conformity with

law, the case shall be regarded as closed with the sentence imposed by

the said lieutenant-governor in the second instance, and no appeal can

be taken from it. In suits and causes for more than one thousand pesos

[_sic_], appeal may be made to my said royal Audiencia of Mexico,

in accordance with the tenor of the decree inserted above. In order

that this may be public and manifest, I order this my decree to

be published in the said city of Manila. Given at Madrid, January

seventeen, one thousand five hundred and ninety-three.

_I The King_

Countersigned by Juan Bazquez, and signed by the council.

[_In the margin_: "In order that suits and causes of one thousand

ducados and less may be concluded in the court of the Philipinas

islands; and, if the amount be in excess of the above sum, they may

be appealed to the royal Audiencia of Mexico."]

The Philippine Islands, 1493-1898 — Volume 08 of 55 1591-1593 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 64 / 69 题