The Philippines: Past and Present (Volume 1 of 2) eBook

This eBook from the Gutenberg Project consists of approximately 594 pages of information about The Philippines.

The Philippines: Past and Present (Volume 1 of 2) eBook

This eBook from the Gutenberg Project consists of approximately 594 pages of information about The Philippines.

To-day all this has been stopped by the procedure in court.  The challenging of judges is not allowed, although they must refrain from the trial of any matter when they are disqualified in any way as regards it.  Proceedings which suspend the trial of the main issue cannot be instituted.  The procedure itself is more expeditious, the time allowances and formalities have been reduced, and all the long Spanish civil procedure regarding the presentation of evidence has been shortened.  Suits are settled with a speediness previously unknown.  In order to avoid delay on the part of judges in rendering decisions, an act has been passed prohibiting the payment of their salaries without a certificate that they have no matter which has been awaiting decision for more than three months.

Owing to the inquisitorial procedure which obtained under Spanish rule, the disposition of criminal cases was even slower than that of civil cases.  The cause would be commenced, either de officio, by the judge who had a knowledge of the crime, or by the prosecuting attorney, or by virtue of private accusation on the part of the person aggrieved.  The case once started, the investigations made during the period known as the sumario were conducted in the absence of the accused.  The latter had no hand in the case, as it was thought that the reserve and secrecy of the procedure ought not to be violated to the end that the accused might not frustrate the evidence of the prosecution by preparing his defence.  Owing many times to the inactivity of the judge or of the prosecuting attorney, to the great amount of work which weighed down the courts—­for actions were begun when there was knowledge of the commission of the crime, although the perpetrators were not known—­and by the manipulations at other times of the private accuser to whose interest it was to harm the accused by delaying the sumario, this period was often made to extend over years and years.  Meanwhile the defendant was confined in prison, as no bail was allowed in any case in which the penalty was that of presidio correccional (from six months and one day to six years’ imprisonment) or greater.  In addition to this the circumstance that all criminal causes in the islands had to be sent for review to the proper audiencia, caused a large accumulation of old cases in these higher courts, and this alone made their disposition a matter of some years.

To-day the procedure is rapid.  Information having been brought against the defendant, the trial is had in the same term or at most during the next term of court.  Sometimes the trial is suspended owing to the non-appearance of witnesses, but it can be said that cases are rare where causes are pending in the docket of the court for a longer period than two terms.  Causes appealed to the Supreme Court are disposed of promptly, and as a general rule it does not take over six months to get a decision.

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The Philippines: Past and Present (Volume 1 of 2) from Project Gutenberg. Public domain.