CHAPTER IX.

ADMINISTRATION OF JUSTICE.

The supreme court of justice in the Philippines is the Audiencia

established in Manila, which is the tribunal of appeal from the

subordinate jurisdiction, and the consultative council of the

Governor-General in cases of gravity.

The court is composed of seven oidores, or judges. The president takes

the title of Regent. There are two government advocates, one for

criminal, the other for civil causes, and a variety of subordinate

officers. There are no less than eighty barristers, matriculated to

practise in the Audiencia.

A Tribunal de Comercio, presided over by a judge nominated by the

authorities, and assisted, under the title of Consules, by gentlemen

selected from the principal mercantile establishments of the capital,

is charged with the settlement of commercial disputes. There is a

right of appeal to the Audiencia, but scarcely any instance of its

being exercised.

There is a censorship called the Comercia permanente de censura. It

consists of four ecclesiastics and four civilians, presided over by

the civil fiscal, and its authority extends to all books imported

into or printed in the islands.

There are fourscore lawyers (abogados) in Manila. As far as my

experience goes, lawyers are the curse of colonies. I remember one

of the most intelligent of the Chinese merchants who had settled at

Singapore, after having been long established at Hong Kong, telling

me that all the disadvantages of Singapore were more than compensated

by the absence of "the profession," and all the recommendations of

Hong Kong more than counterbalanced by the presence of gentlemen

occupied in fomenting, and recompensed for fomenting, litigations and

quarrels. Many of them make large fortunes, not unfrequently at the

expense of substantial justice. A sound observer says, that in the

Philippines truth is swamped by the superfluity of law documents. The

doors opened for the protection of innocence are made entrances

for chicanery, and discussions are carried on without any regard to

the decorum which prevails in European courts. Violent invectives,

recriminations, personalities, and calumnies, are ventured upon

under the protection of professional privilege. When I compare the

equitable, prompt, sensible and inexpensive judgments of the consular

courts in China with the results of the costly, tardy, unsatisfactory

technicalities of judicial proceedings in many colonies, I would desire

a general proviso that no tribunal should be accessible in civil cases

until after an examination by a court of conciliation. The extortions

to which the Chinese are subjected, in Hong Kong, for example--and

I speak from personal knowledge--make one blush for "the squeezing"

to which, indeed, the corruption of their own mandarins have but too

much accustomed them. In the Philippines there is a great mass of

unwritten, or at least unprinted, law, emanating from different and

independent sources, often contradictory, introduced traditionally,

quoted erroneously; a farrago, in which the "Leyes de Indias," the

"Siete partidas," the "Novisima recompilacion," the Roman code,

the ancient and the royal fueros--to say nothing of proclamations,

decrees, notifications, orders, bandos--produce all the "toil and

trouble" of the witches' cauldron, stirred by the evil genii of

discord and disputation.

Games of chance (juegos de azar) are strictly prohibited in the

Philippines, but the prohibition is utterly inefficient; and, as I

have mentioned before, the Manila papers are crowded with lists of

persons fined or imprisoned for violation of the law; sometimes forty

or fifty are cited in a single newspaper. More than one captain-general

has informed me that the severity of the penalty has not checked the

universality of the offence, connived at and participated in by both

ecclesiastics and civilians.

The fines are fifty dollars for the first, and one hundred dollars

for the second, offence, and for the third, the punishment which

attaches to vagabondage--imprisonment and the chain-gang.

Billiard-tables pay a tax of six dollars per month. There is an

inferior wooden table which pays half that sum.

The criminal statistics of five years, from 1851 to 1855 present the

following total number of convictions for the graver offences. They

comprise the returns from all the provinces. Of the whole number of

criminals, more than one-half are from 20 to 29 years old; one-third

from 30 to 39; one-ninth from 40 to 49; one-twentieth from 15 to 19;

and one-forty-fifth above 50.

They consist of 467 married, 81 widowers, and 690 unmarried men.

During the said period 236 had completed the terms of their sentences,

217 had died, and 785 remained at the date of the returns.

Adultery 1 Brought forward 259

Adultery, with homicide 1 Murder, with wounding and

Prohibited arms 7 robbery 314

Abandonment of post 6 Robberies 390

Bigamy 1 Robberies, with violence 120

Drunkenness 2 Robberies of Tobacco 6

Horse and cattle stealing 21 Robberies on bodies (Dacoits) 36

Conspiracy 17 Wounding in quarrels 44

Smuggling 1 Wounding (causing death) 7

Deserters 126 Incendiarism 4

Rape 14 Incendiarism, with robbery 16

Rape and incest 4 Incest 6

Rape and robbery 6 Mutiny 7

Poisoning 2 Nonpayment of fines 3

Forging passports 13 False name 1

Fraudulent distilling 1 Parricide 2

Vagabonds 35 Resistance to military 18

Coining 1 Escape from prison 5

Carried forward 259 Total 1,238

In the city of Manila there was only one conviction for murder in

five years. The proportion of the graver offences in the different

provinces is nearly the same, except in the island of Negros, where

of forty-four criminals, twenty-eight were convicted of murder.

A Visit to the Philippine Islands · 第 9 / 26 章