Encyclopedia of the Philippines [Volume 6 : Government and Politics - Part 1 of 2]

Encyclopedia of the Philippines

By 1. L .

The Seat of City Adminjstl'ation in Spanish Times. and of Insular .Admini~tralion in Am\!l'ican Times.

COl"n~I'stone Laid in 1735 .

THE AYUNTAMIENTO

MIRANDA

ENCYCLOPEDIA OF THE

PHILIPPINES THE LIBRARY OF PHILIPPINE LITERATURE ART AND SCIENCE

ZOlLO

M. GALANG

Editor CAMILO OSIAS

Consulting Edito?'

Assisted by the NATIONAL LIBRARY OF THE PHILIPPINES NATIONAL RESEARCH COUNCIL OF THE PHILIPPINES STATISTICS DIVISION, DEPARTMENT OF AGRICULTURE AND COMMERCE SCIENTIFIC LIBRARY AND

OTHERS

VOLUME SIX

GOVERNMENT AND POLITICS ILLUSTRATED

PUBLISHED BY

P. VERA & SONS COMPANY (VERSONCO)

Manila, Philippine Islands

1935

Copyright, 1935 and ZOlLO M. GALANG All Rights Reserved

PEDRO 'VERA

FIRST EDITION

PREFACE This Volume VI of the Encyclopedia of the Philippines, entitled GOVERNMENT AND POLITICS, was prepared with the advice and assistance of the National Library of the Philippines. It has been divided into two books-Book One, Government, and Book Two, Politics. Book One treats of Philippine laws and legislation, from the Code of Kalantiaw to the Constitution of the Philippines. Book Two deals with Politics, our political parties, and contains state papers, into which have been poured forth the sincerest thoughts and loftiest sentiments of the best minds of the Islands.

Philippine laws are to be found in the Public Laws of the PhIlippine Islands and their history is traceable from Spanish and American sources. In the national struggle for liberty our political leaders have, since the early days, carried on the work, and now as a result the Independence Act was passed, culminating in the adoption and approval of the Constitution for the Philippine Commonwealth.

It is the citizen's duty to know what goes on in the government of his country as well as in other countries, because politics is the science of government.

Though we do not care who sings the glories of our country, let us, as patriotic citizens, mind who shall make our laws, because the laws of the land show the progress of government, which, in other words, indicate the advancement towards statehood, towards freedom.

7

Philippine Nationalism, the love of country that is dynamic, enduring, and real, as exemplified by those who died in the fields of battle, ought to be, in every way, crystallized into action. Let the burning words of President Osias be the creed of the patriotic citizens of the present and future generations in order that the blessings of liberty shall forever be ours: I love my country the Philippine Islands, and I love my people, the Filipino people. I intend to be a good Filipino citizen and be loyal to the cause of my country and p'eople. I want my country to be free and independent, and I 'want my people to be happ!f and prosperous. For my country and for my peopl6 I will work and save, I will live and serve.

I believe in a good. strong, clean government.

As lIJ citizen I deem it my duty to bear my share of the sacrifice and burden and responsibility. I will obey the law and help the government officials enforce the law. I ~l.lill try to be honest, self-supporting, serviceable.

I love peace, bu"t I wiU gladly fight for the sake of right, of freedom, and of iustice. I love my life, but I will gladly die for the sake of m ,y family, my people, and my God.

Grateful acknowledgments are hereby tendered to the contributors of this volume, especially to Mr. N orberto Romualdez, member of the Academia Filip ina, to Mr. George A. Malcolm, Associate Justice of. the Supreme Court, to Mr. Teodoro M. Kalaw, DIrecto~ of the National Library, and Dr. Eustaquio G.. ~quIno, Researcher in the Legislative Reference DIVISIOn of the National Library of the Philippines, and to all others who, through their suggestion and support, have made this a valuable volume.

ZOlLO

Manila, November, 1935 8

M.

GALANG

TABLE OF CONTENTS Book One GoVERNMENT

PREFACE SURVEY OF THE PRE-HISTORIC LEGISLATION OF THE PHILIPPINES .... Norberto Romualdez THE CODE OF KALANTIAW ...................

THE MALOLOS CONSTITUTION ...............

PRESIDENT WILLIAM McKINLEY'S INSTRUCTIONS TO THE SECOND PHILIPPINE COMMISSION ...................................

Pa.ge 7 17 64 68 90

ORGANIC LAWS The Philippine Bill as Amended. .. . . . . . . . . . .. 101 The Philippine Autonomy Act (Jones Law) .... 146 The Philippine Independence Act (Tydings-McDuffie Law) ............................. 171 CONSTITUTION OF THE PHILIPPINES ........ 190 Book Two POLITICS

THE STRUGGLE FOR LIBERTY 1. Declaration of Purposes ..............

II. Instructions from the Commission of Independence to the Philippine Mission III. Presentation of the Philippine Question Senate President Manuel L. Quezon IV. Memorial of the Philippine Mission to the Congress of the United States Asking That Immediate Independence Be Granted the Philippine Islands ............

V. Instruction of the Commission of Independence to the Philippine Parliamentary Mission .......................

9

223 235

240

243 309

VI. VII.

VIII.

IX.

X.

XI.

XII.

XIII.

Filipino Appeal for Freedom ......... 312 Memorial t o the American Congress 路a nd to P resident Coolidge, Presented by Hon. Manuel Roxas, Special Envoy of the Philippine Legislature, and by Hons.

I sauro Gabaldon and Pedro Guevara, Resident Commissioners of the Philippine Islands. . . . . . . . . . . . . . . . . . . . . . .. 478 Memorial to the U. S. Congress, Submitted by Senator Sergio Osmefia, Special Envoy of the Philippine Legislature to the United States, and Resident Commissioner Pedro Guevara ............ 485 Resolution of Both Houses of the Legislature Presenting a Memorial to the Hon. Carmi A. Thompson, Personal Repre entative of the President of the United States, Upon the Desire of the Filipino People for Immediate, Absolute and Complete Independence .........

490

The Communication from the Legislative Commission from the Philippines to Senator Bingham ...................

494

Statement Submitted by the Philippine Commission to the Committee on Territories and Insular Affairs, United States Senate, on the Views Expressed by the Secretary of War Hurley in His Testimony on Philippine Independence

496

Memorandum Submitted to the United States Congress by Senator Benigno Aquino, Special Envoy of the Philippine Legislature ....................

512

Memorial Submitted by the Philippine Independence Commission to the Committee on Resolutions of the Republican National Convention ................

518

10

XIV.

, XV.

Resolution of the Members of the Senate and House of Representatives, Assembled as the Commission of Independence ..............................

Independence Commission Passes Resolution Approving Trip of President Quezon to the United States to Express His Views on the Hare-Hawes-Cutting Act

Appendices A. Letter of President Wilson and Reply of Secretary Baker. . . . . . . . . . . . . . . . . . . . . . . ..

B. Reply of President Harding to the Philippine Parliamentary Mission. . . . . . . . . . . . . . ..

C. Reply of President Coolidge to Speaker Manuel Roxas ..........................

POLITICAL PARTIES IN THE PHILIPPINES .. .

Dr. Eustaqu~o G. Aquino PRESIDENT QUEZON'S INAUGURAL ADDRESS !

11

527

535

538 544 549

556 575

ILLUSTRATIONS THE AYUNTAMIENTO (in color) by I. L. Miranda ................................... . Frontispiece Page 33 Malacaiiang Palace ............................ .

Governors-General ............................. .

65 97 Philippine Legislative Building, Manila ........... .

The Post Office Building, Manila ............... . 161 Some Types of Municipal Buildings .............. . 225 Justices of the Supreme Court ................. . 257 Inauguration of the Philippine Republic, January 23, 1899 ....................................... . 305 Jose Rizal Monqment, Manila ................... . 353 The Philippine Senate in Us Last Regular Session 385 Andres Bonifacio Monument, Balintawak, Rizal .... 417 Inauguration of the Commonwealth of the Philippines, November 15, 1935 ..................... . 449 Inaugural Ceremonies of the Commonwealth of the Philipp-ines, November 15, 1935 ............... . 481 Part of the Crowd That Witnessed the Inaugural Ceremonies of the Commonwealth of the Philippines, November 15, 1935 ..................... . 513 Hon. Frank Murphy, First U. S. High Commissioner and Last American Governor-General ......... . 545 Hon. Manuel L. Quezon, First President of the Commonwealth of the Philippines ................. . 577

12

GOVERNMENT AND POLITICS

BOOK ONE

GOVERNMENT

Survey of the Pre-Historic Legislation of the Philippines By

NORBERTO ROMUALDEZ

F01'mer Justice of the Supreme Court of the Philippines

Since the discovery of the Philippines much has been written about these Islands, Even before the arrival of the Spaniards, the Chinese authors, Chao-Ju-Kua and 'Wang Ta~yuan, 'during the twelfth and fourteenth centuries, respectively, wrote something regarding our Archipelago. During the nineteenth century "Filipinology" seems to have suffered. But in the present, the t~ntieth century, the p'r istine activity is seen to spring up again, as already writers, Filipino and foreign, have published several works on the Philippines in which new information and unpublished manuscripts are given out and new views are brought to light, which guide us in the difficult task of exploring the deep secrets of the past.

In this period of "renaissance" which we would call historic-Filipino, we should not withdraw from the desire of knowing better our past with the same interest and love as any man looks after his own home. Being engaged in the study of our dialects, a task on which I proposed to use a part of the leave I am now enjoying, I was requested to deliver one in this series of lectures. Taking into account the place and occasion of this lecture, it seemed to me obvious to select as the subject, the pre-historic Filipino legislation, a matter in close connection with the linguistic investigations I am undertaking at present.

Better and incomparabJy more commendable pens have already investigated a part of this curious field, where no living trees bearing flowers and verdant foliage are to be found, but only scattered, withered leaves, already scanty 17

ENCYCLOPEDIA OF THE PHILIPPINES owing to the continuous pounding of time, under whose dashes everything finds the end, withers, dies, falls, and disappears. However, as above the victory of death over life, there exists the triumph of the soul over death, so in the same way, in spite of the destroying might of years, something of those robust trees remains, something of their roots is discovered on digging the ground, and that something which is left, is nothing else than a showing of the spirit of a people, a sparkle of What is now called Halma filipina." And moreover, from that something which the investigations put forth, I can see how, torn but always gallant, the almost unknown banner of pre-historic Filipino civilization appears through the mist of time.

From the legal standpoint, the field, as I said, is only partly explored. The late distinguished jurist, Mr. Felipe Calderon, the Ron. Charles S. Lobingier, and the Hon. Gregorio Araneta have already devoted their attention to certain points of this subject. And now, without any pretension, as any pretension on my part would be frivolous, I propose to go over the whole field, not to undertake a minute and complete study of its various details, but only to give it a general glance, not forgetting the limited extent of the present work.

Let it be known at the outset that I am indebted to Mr. Manuel Artigas, and Mr. George A. Malcolm, Dean of the College of Law of the University of the Philippines, for the help they gave me, the former (who is a living archive in Filipino bibliography) with some pertinent indications, and the latter, with some notes carefully gathered, both of them making my way easy in the research of the proper historic sources.

In the way of bibliographic data of this work I include the following list of the works of historical character that were consulted. I have to state that, as some 18

GOVERNMENT AND POLITICS facts gathered from these works are contradictory or inconsistent, I have tried to reconcile them as far as it could reasonably be done and in cases of impossible conciliation, preference has be~n given to the more ancient authors, inasmuch as the pre-historic epoch is the one dwelt upon herein, always taking into account the opportunities and means the historian had to know the facts.

LoARCA, HRelaci6n de las Islas Filipinas," 1582.

-Don Miguel 'de Loarca came to the Philippines before the year 1576, ran over the whole Archipelago and was an encomendero in the Island of Panay.

PLASENCIA. Document written on 1589.-Fr. Juan de Plasencia, O.S.F., came to the Philippines in the year 1577; distinguished Tagalist; he wrote said document in N agcarlang, Laguna.

MORGA, "Sucesos de las Islas Filipinas," 1609.Dr. Antonio de Morga came to the Philippines as "Asesor" and "Teniente General" in the year 1595, and left this country in 1604.

CEVALLOS, "Viajes del Mundo," 1614.-The "Licenciado" Father Pedro Ordonez de Cevallos made extensive trips around the world.

COLIN, "Labor Evangelica," 1663.-Father Francisco Colin, as Jesuit, came to the Philippines in 1626 where he remained until he died in 1660.

SAN ANTONIO, "Cr6nicas," 1738.-Fray Juan Francisco de San Antonio, O.S.F., came to the Philippines about 1724; he lived in the Tagalog provinces and died in Manila in 1744.

DELGADO, "Historia General," 175l.-Father Juan Delgado, a Jesuit, came to the Philippines in the year 1711; he lived in Samar, Leyte and Bohol.

ARTIEDA, DIEGO DE, H Relaci6n de las Islas Occidentales Uamadas Filipinas," 175l.

ZUNIGA, "Historia" written by Fr. Joaquin Martinez de Zuniga, O.S.A., in 1803.

BLAIR AND ROBERTSON, "The Philippine Islands," 1903.

19

ENCYCLOPEDIA OF THE PHILIPPINES ARTIGAS, "Historia de las Revoluciones Filipinas," 1913.-Mr. Manuel Artigas y Cuerva, a prominent Filipino, who has a vast knowledge of Filipino bibliography, is the author of several publications during the Spanish dominion, and also during the present American regime in the Philippines.

CRAIG, A., "Unpublished translation, by Hon. W. W. Rockhill of a Chinese book of 134-9, by Wang Tar yuan, Description of the Barbarians of the Isles (Taoi-chih-lio) ," 1914.

CRAIG, A., "The p(J"e-Spanish Philippines," 1914.

ARTIGAS, "La Instruccion en Filipinas," 1914.A work written by Mr. Manuel Artigas y Cuerva, above referred to.

I shall divide the work into two parts. In the first part, I shall treat briefly of the social and political status of the Filipinos in pre-historic times; in the second part I shall go over the field of Filipino laws in said epoch, trying to follow' the orqer of our existing codes, as it is most familiar to the majority, commencing with the civil, substantive law.

It must be noted that what I say about the social and political status of the Filipinos, and their written and unwritten laws is taken from several historians who lived in different parts of these Islands; and some of them, like Loarca, had been in and had seen all of them, judging from what the latter says in his "Relacion." So, it seems reasonable to presume that what I say in this work is equally applicable to the whole Philippines, with slight alterations, owing to local conditions.

FIRST PART SOCIAL AND POLITICAL STATUS

Social Status.-There is no doubt about the racial unity of the Filipino people, if such are understood to be the people controlling these Islands (anciently called 20

GOVERNMENT AND POLITICS MA-I) , as distinguished from the primitive inhabitants, the Negritos, aetas, agtas, or itas. As Father Zl1fiiga said, everything shows that the Filipinos belong to one and the same race. Their division into groups is due to the fact that they came to the Philippines in small boats. Each of these groups occupied a certain area of land and cultivated it. As the members of each group were relatives, they lived together and recognized the oldest man among them as their chief. Each group lived independently of the others, each of them thus forming a small state. Rizal, in his edition of Morga, reasonably thought that there may have existed a confederation, since we know from the first Spaniards that the chief of Manila in 1570 was Raja Matanda who had jurisdiction over the territory from the southern bank of the Pasig river southwards; and Raja .soliman was a native of Borneo and a son-in-law of the Sultan of said place.

Moreover, in Panay in the year 1433, one chief called Calantiao signed his name "3rd Chief," and this shows that there were "1st" and "2nd" chiefs and that ,s ome kind of relation existed among them. (This information is gathered from a manuscript volume entitled LAS ANTIGUAS LEYENDAS DE LA ISLA DE NEGROS, written by Father Jose Maria Pavon y Aranguru, in 1838. I am allowed to publish this material through the courtesy of Dr. James A. Robertson, Librarian of the Philippine Library, who has already made arrangements fol' the publication of the entire books. This interesting and valuable work was obtained by the Philippine Library through the commendable interest of Mr. Jose E. Marco, of Pontevedra, Occidental Negros. Father Pavon was a Filipino priest.

(See La Instrucci6n en Filipi'Y/M, by Artigas.)

Jiltymological Data.-Chao-J u-Kua, a Chinese author who wrote on Chinese and Arab trade in the twelfth and thirteenth centuries, and whose work has 21

ENCYCLOPEDIA OF THE PHILIPPINES been translated from the Chinese and annotated by Friedrich Hirth and W. W. Rockhill, St. Petersburg, Printing Office of the Imperial Academy of Sciences, Vass. Ostr. Ninth Line, 12, 1911 ("The Pre-Spanish Philippines," by Austin Craig, Manila, 1914) calls these islands, MA-I, especially Luzon and Mindoro.

Mr. -Craig adds this note: "According to Blumentritt, 'Versuch einer Ethnographie der Philippine,' 65, Mait, meaning 'the country of blacks' was the name of the i.sland of Mindoro." See B. Laufer, "Relations of the Chinese to the Philippine Islands," 251-252. Considering what the author says that the Babuyan island, which is off the Eastern coast, is a part of MA-I, it seems plausible to assume that the latter name is used by him as applying to Mindoro and Luzon, at all events, if not to the whole Philippine group.

The name MA-I was first heard of in China in A. D. 982 when .some traders from that country brought valu~ble merchandise to Canton. Hervey St. Denis, "Ethnographie, II, 502." (Work cited, p. 4.) Mr. Craig says further (p. 13): "The name given to' the Negritos is a Sumatran variation of the word black suggested by Dr. Blumentritt as the meaning of MA-I, which he would make MAlT. The well-known Bulacan family name Gatmaitan might perhaps be translated 'Prince of the Land of Mai' (or MAlT) and as the Amoy pronunciation of the Chinese character used for the sound MA in this account, according to Prof.

Barton of Shanghai, is Bay, one is reminded at once of Laguna de Bay and the old Chinese district of Baybay in Manila." I may add that according to Loarca, the ancient name of the Island of Leyte, at least its southern part, was Baybay, and as a matter of fact, a town on ifs western coa-st bears at present such a name.

In the Filipino dialects baybay means shore. As to the word MA-I or MA-IT, we know that the word black is maitum in Bisayan, and ma-itim in Tagalog.

Agta, Aeta, !ta.-This word, in Bisayan and Pampar:go , is AGTA. According to Quatrefages, "Distrib';ltlOn d~s Ne&,rit?s," 5 (Craig, work cited, p. 7), atgta or tnagta IS sImply a derivation of agta with the prefix in which indicates "in the way of." As to the 22

GOVERNMENT AND POLITICS form aigta, I believe that it may be perhaps taken as one of the original forms, which the Spaniards transformed into aeta, by converting ig into e and suppressing the final consonant g as customary among the Spaniards, the same as they did with the word tagalog, converting it into tagalo.

Their society, of course, was路 based on the family.

The family relations were so intimate that what Calderon said, that they were not limited to the parents and children but were extended to distant relatives, was true (and this is still the case).

Their society was divided into three classes, to wit: nobles, freemen, and sl芦ves. As will be seen later, many of these so-called "slaves" were but mere "peons."

The nobles, the chiefs and principales, were called DATU or RAHA. These titles were acquired by inheritance, but more frequently by individual merit, based on personal influence, wealth, energy or high moral virtues, according to Fathers San Antonio and Colin. According to Morga, these privileges were inherited only in the male line, from father to son and the latter's descendants; and in the absence of these, the brothers and collateral relatives also inherited.

Datu.-This word comes from the Malay DATU K which means chief ,o f a family. In Kawi it is DATUK or DATU, and means prince; in the Sunda it is DATU and means chief; in Battak it is DATU, and means prophet or physician; in Makassar it is DATU, and means chief; in Dayak it i.s TATU and means chief; in Bisayan it is DATU and means principal, distinguished, rich, aristocratic, and is used not only as simple word but also in the formation of compound words as shown by the word TUDLUNG-DATU (finger of a datu) the name of a certain kind of banana which resembles the fingers; in Mindanao it means principal, chief; in Tagalog as well as in Pampango it 23

ENCYCLOPEDIA OF THE PHILIPPINES bears the same meaning. Favre in his "Dictionnaire Malais-Francais," Vienna, 1875, says that this word comes from the Sanskrit RATU which means a virtUO'iJ,S worYUltn, and that it is derived from the Javanese RATU which means princess. In Malay, RATU denotes an honorary title, as chief, monarch, common to both sexes.

The word RAHA comes路 from the Sanskrit RADY A. In the Malay it means monarch, prince, the same as in Javanese, Sunda, Battak. The corresponding Latin word REX, REGIS, and also the French ROI, the Italian RE and the Spanish REY recognize the same origin.

The plebeians were what the Bisayans called TIMAW A and the Tagalogs MAHARLIKA. These were the descendants and relatives of the chiefs, who did not inherit the rank, that is to say, the ingenui in the Roman Law, and also those slaves and their descendants whom their masters had emancipated, the Libertinv of old Rome.

Timawa.-This word, I believe, comes from the Malay DYEMAWA which means pride. It is used today in the Bisayan of Leyte and means plebeian.

Perhaps, this is so because since the Catholic faith was preached in the Philippines, slavery was prohibited and suppressed and slaves were liberated; but on account of their origin they could not be considered as nobles, but only plebeians. In the town of Burawon in the Island of Leyte, this name still exists and is given to the northern part of said town called KANTIMAW A, from KAN (of) and TIMAW A, that is to say "place of timawas," like KAN-LAON (place of Laon, a god) in Negros, and probably like the town of KANDABA (Place of DABA) because in Pampang,a DABA means, a big round earthen pot. Possibly jn that place much pottery of this kind was made in ancient times, as it is still seen in the surrounding places, like Apalit and Sulipan (Pampanga).

24

GOVERNMENT AND POLITICS

M aharlika.-This word comes from the Malay MARDAHIKA or MARDHIKA, and means free, in this language. In Battak it is MARDAEKIK; in Makassar, Bugis and Dayak it is MARADEKA; in Javanese and Sunda it is MARDIKA. There may be, possibly, a phonetic relation between this路 word and the Tagalog MAADHIKA which means diligent, careful, from the term ADHIKA (diligence, carefulness); because it seems reasonable to believe that some slaves having these good qualities might be given their liberty; or because the freemen distinguished themselves from the slaves in these moral qualities.

In the Bisayan of Leyte, this word exists in the same form as that of the Javanese MARDIKA, and it applies to a kind of people, not definitely known now, and it means carelessness. So there exists the adjective MIN ARDIKAS applied to a thing done, or a way of doing things, without care.

Among the Bisayans, the slaves were of three kinds: the AYUEY, the TUMARAMPUK, and the TUMATABAN. Among the Tagalogs there were two kinds: the ALIPING-NAMAMAHAY, and the ALIPING-SAGUIGUILIR.

Folklore.-According to a tradition gathered by Loarca, slavery was introduced for the first time, over two thousand years ago, by one called Sidumaguer (Si Dumagued, or si Dumaguit?) in his own town of Languiguey on the island of Bantayan (Cebu?) because the natives there had killed his family. This Dumaguer might possibly be a bungling reminiscence of the god Dumagid of the Igorots, referred to by Mr. Beyer in his article "Myths Among Mountain Peoples" published in "The Philippine Journal of Science" April, 1913, p. 110.

According to Loarca, the slave AYUEY had to work three days for his master and one day for himself. His wife also served the master. In case of sale or indemnity 25

ENCYCLOPEDIA OF THE PHILIPPINES for his death, the price fixed was two taels of gold, or twelve pesos. His master had to furnish him food and clothing.

Ayuey.-This word may have come from the Bisayan AYUEY, a diminutive of the verbal term in use in Cebu and Panay, A YU, in Leyte ARU, which means to request. The suffix A Y is peculiar of the Bisayan diminutives. This conjecture is suggested by the' fact that the slave AYUEY only worked one day for himself out of every four days, that is to say, he only asked (AYU) for himself a very small portion of his own work.

The slave TUMARAMPUK worked three days for himself and one day for his master. His wife and children also worked for his master, weaving cotton for him fifteen days every month. His price was the same as that of the A YUEY: twelve pesos.

Tumarampuk.-This word is derived from the term TAMPUK which in Leyte is TAMPU, and means to unite, to join. Perhaps, this slave lived in the house of his master, like the ALIPING-SAGUIGUILIR among the Tagalogs. Its derivation was made by the insertion of the interfix um in said reduplication, thus: ta-tampuk, t-um-a-tampuk. The second t is converted into an r for euphonic reasons. The conversion of the t into r is frequent in Bisayan; so we find it in this same root in the derivatives tarampu, tarutarampu, tumarampu.

The slave TUMATABAN served his master only when the latter had a festival in his house. Then this slave went there with some presents. In case of death of his master he inherited jointly witlI the masters' children. He had to serve his master for fifteen days every month or else give 26

GOVERNMENT AND POLITICS five chicubites of rice every year. The price paid for him was six pesos. His wife also weaved cotton for the master.

Tumataban.-I believe that this word must be TUMATABANG, as the root TABANG (to help) corresponds to the condition of this slave, better than the root TABAN which means to bear something between the teeth, as dogs and cats do. TUMATABAN, like TUMAR AMP UK, is formed by the duplication of the first two letters of the term and by the insertion of the ,syllable UM.

The ALIPING-NAMAMAHAY lived in his own house, served his master in harvesting half of his crop, according to the agreement previously had and was bound to row for his master wh,en the latter made a trip by water. He could dispose of his property and neither he nor his sons could be sold.

Aliping-NrLrrirLmrLhay.-In Tagalog, it means. a slave (ALIPING) who lives in his own house (NAMAMAHAY). ALIPING is a contraction of ALIPIN (slave) and NA (who, that). This pronoun NA when used in compound words is converted into NG, like in MABUTI NA TAO, we say MABUTING TAO. NAMAMAHAY is the present and imperfect tenses, indicative mode, of the verb pamrLhay (to live in one's own house). PAMAHAY is derived from BAHAY (house) .

The slave ALIPING-SAGUIGUILIR lived in the house of the master, and served him there and in his master's land. By showing diligence, he could be considered a higher class of slave and could not be sold. The other class of ALIPING-SAGUIGUILIR could be sold. So Father Plasencia says.

27

ENCYCLOPEDIA OF THE PHILIPPINES

Aliping-Saguiguilir.-We already know the etymology of the word ALIPING. The word SAGUIGUILIR is probably composed of the Tagalog SAGUI (to touch slightly) and GUILIR or GUILID which means side or edge; that is to ' say, a person who touches the side, or is side by side or lives in the same house, as this kind of slave did: he lived in the house of his master. GUILIR in some Tagalog regions is pronounced GUILID. In Bisayan, as in Pampango, it is metathesized in this way: LIGUID which in Bisayan means edge. In Pampango, LIGUID-LIGUID means to look for an opportunity, i. e., to go around or at the edges.

Political Status.-According to Father San Antonio, the Filipinos had "their economic, military and political government, those being the branches derived from the trunk of prudence. Even the political government was not so simple among all of them that they did not have architectonic rule. It was not monarchical, for they did not have an absolute king; nor democratic, for those who governed a state or village were not many; but it was an aristocratic one, for there were many magnates among whom the entire government was divided."

Each independent group or state was called BARANGAY, which was similar to the districts of old Rome.

At the head of each of these groups was a DATU or RAHA. From what the historians say it may be inferred that the highest chief had in himself the three branches of the government, the executive, legislative, and judicial.

The principales and elders acted as his delegates, especially in the judiciary where they had functions similar to those of a jury. The litigants could appoint a referee (possibly similar to what is provided for in our Code of Civil Procedure, sec. 135 et seq.). Loarca says that the 28

GOVERNMENT AND POLITICS chief, with the advice and consent of the principaJes, made law.s; in other words, they had, in a rough way of course, their regular legislature.

Etymological Data.-The word BARANGAY is originally BALANGA Y from the Malay BALANG which means a boat larger than the Chinese sampan.

It is used in the diminutive sense, having the suffix ay which we have already discussed in connection with the etymology of the word AYUAY. The etymology of this word confirms what the historians say about the - way the Malay people emigrated for the first time to these Islands. They came in small boats (BALANGAY). These groups by BALANGAY were found by the Spaniards and kept by them up to the end of thei~ dominion. So was the officer called "Cabeza de BARANGAY," which designation some young men would not possibly be able to explain etymologically at first sight, upon finding it in our Election Law; as for instance, in that part relating to the legal qualifications of an elector.

Interstate Relations.-There was something similar to international relations, or perhaps more properly what is called in the American Law INTERSTATE RELATIONS, even though they had no supreme authority above all their states.

The territorial and maritime jurisdiction of these states reached where the activity, strength and valor of their subjects could keep and defend it against the other groups.

According to Loarca, there existed three causes for the declaration of a just war: 1st, when a subject of a state was killed in another jurisdiction without good reasons; 2nd, when any person belonging to one state abducted a woman of another state; 3rd, when a subject was deceived or mistreated in another jurisdiction.

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ENCYCLOPEDIA OF THE PHILIPPINES According to Father Plasencia, there existed also a cause for making war when two persons of different states were married but did not pay to the BARAN GAY they left the customary fine for leaving it. When such marriages took place, Father San Antonio says that the children and slaves were equally divided between the two states.

In their expeditions they tried only to capture the enemy, not to kill him. The killing of a surrendering captive was punished with a fine, and in case of insolvency, the culprit had to suffer subsidiary slavery. Here we can see that those people observed the humane law of nations.

SECOND PART CIVIL RIGHTS OF LAWS IN GENERAL

Mythologioal Data.-According to a tradition picked up by Loarca, the laws were given by the goddess LUBLUBAN. According to Fathers San Antonio and Colin, and to Morga and other historians; their laws consisted of the traditions and customs of their ancestors, and according to Father Colin, they were so faithfully observed that it was considered impossible to violate them.

Father San Antonio said that those laws were not lacking in wisdom and prudence, and the Hon. Gregorio Araneta said about them: "These primitive laws could very favorably be compared to those of the Greeks and Romans."

And I hope we will find it so, after carefully studying them, without losing sight of the circumstances existing at the time they were made.

While the majority of the historians assure us that there were no written laws, Loarca clearly indicates that there were, in what he says about the making, promulgation and pUblication of laws, as will be seen later. That 30

GOVERNMENT AND POLITICS they had written laws is fully shown by the Penal Code written in the year 1433 by Calantiao, 3rd Chief of Panay.

(Pavon, work cited).

Making, Promulgation, and Publication of Law s.The Supreme Chief of the State called all the "principales" ; delivered a speech (equivalent to what we now call message) in which he explained in detail the new proposed act, insisting on the suppression of crimes and preservation of peace. The "principales," if they believed it proper, gave their assent to the new law and the Supreme Chief "made the laws that he deemed necessary because these Moros had their own LETTERS" (words of Loarca), and the Law was thereupon approved. Then the UMALAHUKON, a kind of sheriff, went from one barrio to another and published the new law, and the subjects, offered obedience thereto.

From this it clearly appears that there were written laws. Here you m~y see why in the title of this lecture I have not said "PRE-HISTORIC CUSTOMS" or "PREHISTORIC UNWRITTEN LAWS," but "PRE-HISTORIC LEGISLATION."

Etymological Data.-The word UMALAHUKAN may be a compound of UMA (fields" country) and LAHUK or LAHUG which in Bisayan means "to go throughout," i. e., a person who went throughout the country (which he did in publishing the laws). The suffix AN sometimes means office, occupation or repetition of acts.

Persons.-Foreigners were those who were the sub. jects of another state or village either by birth, marriage or capture.

A freeman or slave could not go to another state unless he paid first to his chief a certain customary sum of money and gave to his whole barangay a feast. We have already said that the failure in this respect was a cause for rna.

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ENCYCLOPEDIA OF THE PHILIPPINES king war, and that in case of marriage of subjects of different states, their children and slaves were divided between the two barangays.

It must be noted that the word slave is used throughout this work, not necessarily to mean real slavery as we understand it, that is to say, the state of entire subjection of one person to the will of another (Webster Dict. quoted in Hodges, U. S., 203 U. S. 1, 17,27 S. Ct. 6, 51 L. Ed. 65), for, as we now see, not all of those so-called slaves were really slaves.

The children of the slaves were not necessarily slaves, as the Roman VERN AS and those of the Holy Scripture where it is said (Genesis, 14:14) that Abraham armed his VERNAS. As we know, in ancient Rome, the legitimate child of a freeman and a slave woman, was free; and if the father was a slave and the mother free, the child was a slave, because the child followed the status of his father. But in the Philippines, according to Father Plasencia, the rule was not the same. It seems that the condition of the legitimacy and the illegitimacy of the child was not taken into account at all in determining his social and legal status. The fact is that their principle was more liberal.

The mere fact of the birth of the child of a free father and a slave mother constituted a real liberation of the mother, besides, the child was free. This was the rule when the mother was a slave of the father. But when the mother was a slave of a third person, half of the child was free if his father supported the child, such act of supporting being considered as a true acknowledgment of the child. If the father did not support hi,s child, then the child was wholly slave. In all of these cases, the father was supposed to pay the master of the slave mother during her pregnancy half a tael of gold, in order to indemnify said master for the work the pregnant woman could not do on account of

MALACANANG PALACE

Official Residence of the Chief Executive of the Philippines EXECUTIVE BUILDING, MALACANANG, MANILA

GOVERNMENT AND POLITICS her condition, and for the danger in which she was of dying during her pregnancy. I have found that there is nothing in the histories which explains how this half slavery was brough into practice.

Birth and Extinction of Civil Personality.-Birth and liberation determined personality. .

Birth: (a) of children of free parents; (b) of children of a free father and of a mother, slave of the father; (c) when a freeman and a slave woman or vice-versa married, the children were divided, the 1st, 3rd, 5th, and so on being free and the 2nd, 4th, 6th, and so on were slaves; if the number of the children was odd or if there was but one child, the last or the only child was half slave. This is according to Father Plasencia.

Liberation: (a) the slave woman, by virtue of being the mother of a child of her master; (b) through redemption.

Civil personality was extinguished by death or by slavery.

By slavery: (a) the only child, or the odd children in case of their division, as we have seen; (b) the insolvent debtors or culprits condemned to pay a fine; (c) the person condemned to death, when this penalty was commuted into slavery; (d) the prisoners of war.

Marriage.-This subject has already been treated by Judge Lobingier in his article THE PRIMITIVE MALAY LA W published in the "American Anthropologist," Vol. 12, No.2, April-June, 1910. This learned writer, distinguishing, like Howard, three stages in the matrimonial institutions, namely, wife capture, purchase, and mutual assent, is of the opinion that in the Philippines, in prehistoric times, they had only arrived at the second stage, or wife purchase; and he claims to have found vestiges of this custom in this country.

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ENCYCLOPEDIA OF THE PHILIPPINES I am inclined to believe that our ancestors, even before the Spanish conquest, had arrived at the third stage, or marriage by mutual assent. Judge Lobingier believes that the Tagbanua word BANDI and the word dote used by the historians bear the idea of consideration or price of the bride.

The BANDI of the Apurawan Tagbanuas is not a general term for compensation; it simply means property.

BANDI, which in Bisayan is BAHANDI, in the Sanskrit is BRANDA; so Mr. H. Kern says in his article entitled SANSKRITSCHE WOORDEN IN HET BISAY A, Leiden, 1881, BAHANDI in Bisayan means wea.lth. BHANDA in Sanskrit means utensils, implements (See A SANSKRITENGLISH DICTIONARY by Sir Monier Monier-Williams, Oxford, 1899). The idea of oompensation or price is not detected in any of these etymologies.

The dowry re~erred to by Father Plasencia cannot be taken as meaning price. We know that Father Plasencia had an excellent knowledge of the Tagalog (See Morga, Annotated by Retana, p. 561); for which reason it is only fair to believe that if the marriage gift called among the Tagalogs BIGAY-KAYA was a real consideration or price of the bride, he would have simply and plainly said so; and would have used the Spanish compensacion or precio, instead of employing, more or less properly, the word DOTE. The Tagalog phrase BIGAY-KAYA means literally GIFT, and KAYA means what one is able to do, what is within o'f/,e's power or resources. In the Tagalog, price is BILl which originated from the Malay BELL In the Battak it is BOLl, in the Makassar it is BALLI, and in the Dayak, BALI. The same thing must be said about Loarca who, we know, had travelled throughout the Philippines. Like Father Plasencia, he does not use the word price, but DOTE. Marriage gift is called among the Bisayans, to whom Loarca refers, BUGAY, a word of the same 34

GOVERNMENT AND POLITICS origin as the Tagalog BIGAY, and which means in Bisayan exactly a marriage gift, and does not bear any meaning like consideration or price. In the Pampango dialect dowry is DURU, which also means show, offer, not price. In the Pangasinan dialect dowry is dasel, and in the Ilokano it is sub-ung, words which mean gift and not price.

In the Tagbanua dialect, price is ruga, derived from the Malay harg'a. In Sanskrit it is arga. In Tagalog it is halaga, and in Pampango it is alaga. In the Bisayan dialect price is bili, derived from the Malay beli, which in Battak is boli, in Makassar is balli, and in Dayak is bali, and which in Tagalog means to buy or to sell according to the accompanying article. It is probable the origin of the Tagalog palit (to exchange) which in Bisayan means to buy, is similar to the Sebuan baylo. In the hiligaynon of Panay bakal means to buy, perhaps because the iron (bakal) was used as mpney in the purchases. In Pangasinan price is also bili, and. in Ilokano is ngina.

The very old and widespread custom of a suitor serving at the house of hits intended bride for a period of time before marriage, prevailing in modern times in some of our provinces, does not mean in the Philippines the idea of PRICE, or PAYING THE PRICE IN LABOR. From my own experience, as I lived in the provinces most of my life, I know that such custom is simply for the purpose of better knowing the suitor, his habits, customs, ways, and to test his constancy. So, if the parents of the girl see some defect inconsistent with their customs and ways such fact is often a sufficient ground for breaking the engagement.

The cases cited by Judge Lobingier filed in the Court of Leyte by disappointed suitors seeking to recover the value of services rendered to the family of their intended bride, are merely vestiges of the old action referred to

by Father Plasencia as follows: "Many complications arise 35

ENCYCLOPEDIA OF THE PHILIPPINES in the custom among parents of offering marriage gifts when their sons marry, and in giving half of such gifts even when their sons are of tender age, as there was a penalty imposed on the party who should withdraw from the agreement: this penalty varies in the different towns and in accordance with the means> of the contracting parties."

From this statement of Father Plasencia we see that the bride was not purchased, because there were cases when she refused to accept the suitor; and as she was not forced to accept him, the only remedy of the suitor or his family was against the parents of the bride. In other words, her consent to the marriage was necessary.

This idea of mutual consent is conspicuously shown, either expressly or symbolically, in the marriage ceremonies, as we shall see later.

Forms of Marriage.-There was only one kind of marriage, the religious onB. The ceremonies were more or less elaborate according to the rank of the families interested.

PreUminary Steps.-According to Loarca, a TIMAWA or freeman was sent to the girl's house to make proposals of marriage. This messenger used to take the spear of the suitor's father, and, upon reaching the staircase of the girl's house, he stuck it on the ground, invoking the gods and crying unto them a benediction for the intended union. This messenger went into the girl's house, and talked to her family about the marriage.

Ceremony.-The bride was carried on shoulders to the groom's house. Upon reaching the staircase, she should refuse to go up, and a slave was offered her; she entered the house, but refused to sit down or drink until another slave, or a jewel was again offered her. Then the groom and the bride drank together, and an old man cried announcing the marriage, naming the parties, and the conditions ;-that the husband could not be dissolute or licen36

GOVERNMENT AND POLITICS tious, would not abandon his wife, and would support her, and that the wife would be faithful to her husband. Then a dish containing uncooked rice was brought forward, and an old woman took the hands of the pair and holding them joined, threw the rice to the people present, upon which the ceremony ended.

Among the freemen, the ceremony consisted in the pair drinking together and the old woman shouting loudly.

Among the .s laves, it was sufficient if the pair would say to each other "let us marry," provided both consented.

Among the Tagbanwas, the ceremony only differs from these in some details, but the good conduct of the pair was strongly urged, as shown by these words taken from what Mr. Manuel H. Venturrillo, Clerk of the Court of Puerto Princesa, says (See Smithsonian Misc. Coil., 48, pt. 4, pp.

529, 530), and which are pronounced during the ceremony by the person officiating: Way ini i tawo ng'a mag asawa, Darait, inpagpanawag kanimo aypa buegayan mo sira it MAGAYEN :&GA PAG ASAWA AT MARUAY :&GA PANULOS ET "MAS QUE" UNO UNONG CAKENAN NIRA, which means: "Here are those who are married, 'DARAIT' (a god) ; unto thee we recommended them in order that thou mayst vouchsafe to them a happy union and good conduct whatever they may have for their food." The translation that I saw (work cited) said: "in order that thou givest them a happy union and the facilities to hunt and to meet with those things which are necessary to their life, their prosperity and their well being." Knowing the Tagbanwa dialect enough to judge this translation, I cannot consider it as exact. It must be noted a1.so that the phrase "mas que" transcribed by Mr. Venturrillo is Spanish, but much used now by the Tagbanwas and Tagalogs to mean although.

But in pure Tagbanwa although is isan, and in pure Tagalog it is kahit.

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ENCYCLOPEDIA OF THE PHILIPPINES

Rights and Obligations of Husband and Wife.-As we have seen in the marriage ceremony related by Loarca, the husband was supposed to be honest and upright to, and support his wife, and she was bound to be faithful to her husband.

The wife was on the 路s ame level with her husband, not only in her person but also in regard to property. If she was not socially equal to the man, she was made equal, as we have seen that the mere fact of the birth of a child born to a free father and a mother who is a slave of the father, was sufficient to give freedom to the mother. As to property, Morga says: "The properties that they (husband and wife) acquired together were divided equally; each one disposed of his, o"r her par.t, and if they had farms of which his or her consort did not know or had no share, they belonged to him or her alone." In this, we see a regular system of law abou\ conjugal property.

Paternity and F'bliation.-The relation between parents and children was strong and close. The respect of the children towards their parents was such that, as Fathers Plasencia and Colin 'say, they did not dare to pronounce the names of their parents, in the same way the Hebrews did not dare to pronounce God's name. Father San Antonio says it was a positive and strict obligation of the son to respect and obey his parents.

As Mr. Calder6n said, in his speech delivered at the "Escuela de Derecho" of Manila, in 1903, the parental authority on the part of the father, and in case of hilS death, that of the mother, was so ample with respect to the person and property of the son, that the latter, even after reaching the legal age, did nothing without the consent of his parents. Love and respect to his father made him leave in the hands of the latter the election of his wife, and the father, in turn, took care of his son even after marriage, 38

GOVERNMENT AND POLITICS as if his child continued being a member of his household, even as a branch still cling,s to the tree from which it has grown. After the father's death, the mother took his place assisted by the oldest son. I believe that what Mr. Calderon adds is worthy of consideration, when he said: "As a distinguished Filipino jurist well s'a id if the very modern institution of the family council provided in the Civil Code could find a favorable atmosphere in any place, it was certainly in Ms country where the home is so united and compact that it may well be said that it forms a unit with a characteristic and personality all its own."

Legitimate and Illegitimate Children.-Children born in lawful wedlock were legitimate.

Legitilmation.-From what Father Plasencia says, legitimation took place when in case of the birth of a bastard, the offended husband prosecuted the adulterer. Such action had the effect of legitimating the illegitimate child.

Don't you think that such a law is wise? If the offended husband did not prosecute, the child was presumed to be his, for it was born during the marriage. But if he did prosecute, he destroyed that presumption, and the innocent child would become unprotected, if this law did not come to his rescue by providing that this prosecution was' ipso facto his legitimation as son of his true father.

Acknowledgment.-According to Father Plasencia, the child born to a mother who was slave and a freeman not her master could be acknowledged. The acknowledgment consisted in the act of the father in supporting his child.

But his acknowledgment only freed one-half of the child.

Support.-As we have already seen, the husband was under obligation to support his wife; the parents to support their children; the masters to support their slaves called AYUEY among the Bisayans, and SAGUIGUILIR among the Tagalogs.

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ENCYCLOPEDIA OF THE PHILIPPINES

Parental Authority.-The father, and in his absence, the mother, had authority over their legitimate children and their legitimated, acknowledged, and adopted children. The children above referred to were bound to obey their parents. at all times and to show them respect and reverence.

The parents had the right of correcting and punishing their children, and to select for them a wife, if male, or to accept or refuse suitors, if female.

Parental authority only terminated upon death of the parents. If case of death of both, judging from a general custom observed even today by many families, the elde3t son took charge of his sisters and younger brothers, and had over them almost the same authority a1SI their deceased parents.

Adoption.-Father San Antonio says on this subject: "They were accustomed to having adopted children and they were much attached to them; but the adoption was bought by the one adopted, who gave the adopter a certain sum of gold, and, without any legal formality, the latter kept the one adopted although he had his own father. This was the contract made in such cases. If the adopter reared the one adopted during his life (whether he had other children or not), the one adopted was to inherit the sum he had been given for his adoption-increased by a like sum, the inheritance becoming twenty if ten had been given. But if the one adopted died first, the obligation of the adopter completely expired, even as to the heirs of the one adopted. Over and above the inheritance obligation, the adopter generally left the one adopted something else, such as a jewel or slave, if his services had been good, as a reward for his faithfulness and affection. If, however, the one adopted was disagree40

GOVERNMENT AND POLITICS able, the adopter gave him up by returning the sum that had been given for his adoption, and the contract was annUlled."

PROPERTY

The historians do not say whether for Ilegal purposes, property was classified into personal and real, as we do now.

A certain class of slaves could be sold, donated or inherited. But we do not think that even such slaves were considered mere THINGS as in old Rome, as we know from its laws and from what Seneca, Plinius, Terentius and other old writers tell us.

Judging from the conditions of those "slaves," as the historians called them; most of them were only PEONS under a similar system prevailing in the Spanish-American Colonies, including Mexico from which the United States adopted this institution when the territory of New Mexico was acquired as a result of the Mexican war.

Therefore, the insolvent debtors reduced to servitude cannot be classed as real slaves. The slavery in the Philippines in ancient times, even the hardest one, cannot be said to have reachea the level of the Roman, or African slavery.

Ownership.-Among other historians, Father Plasencia tells us the following about thiS! subj ect : "The lands which they inhabited were divided among the members of the barangay, especially the irrigated portion, and thus each one knew his own. Noone belonging to another barangay would cultivate them except by virtue of purchase or inheritance. The lands of the tingues or mountain-ridges, were not divided, but owned in common by the barangay. Consequently, at the time of the rice harvest, any individual of any particular barangay, although 41

ENCYCLOPEDIA OF ,THE PHILIPPINES he might have come from some other village, if he had commenced to clear any land, might sow it, and no one could compel him to abandon it. There were some villages (as, for example, Pila or La Laguna) in which these nobles, or maharlikas, paid annually to the their settlement there, another occupied the lands, which the new chief, upon his arrival, bought with his own gold; and therefore, the members of his barangay paid for the arable land, and he divided it, among those whom he saw fit to reward." The same writer adds: "The chief in some villages had also fisheries, with established limits, and sections of the rivers for markets'. In these no one could fish or trade in the markets, without paying for the privilege, unless they belong to the chief's. barangay or village."

Here we can perceive something similar to the national, common, and individual domain.

Ways of Acquiring Property.-Ownership, as we saw, was acquired by occupation.

Ownership was acquired and transmitted by law, by gift, by succession, and by tradition.

Occup'ation.-From what Father Plasencia says, it is clear that occupation was one of the ways of acquiring property.

Gifts.-Besides the ordinary gift, common to all kinds of people, we have seen that they had marriage gift, and that the adopter in some cases, made gifts to the adopted child.

Succession.-Heirs by force of law were: 1. Legitimate and legitimated children.

2. Illegitimate acknowledged children from a free woman.

3. Certain kind of slaves.

4. Ascendants and brothers.

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GOVERNMENT AND POLITICS 5.

All the close relatives, (I do not know up to what degree) .

The other illegitimate children from a 81lave woman received by way of inheritance only what their parents and brothers or relatives gave them. So says Loarca.

According to Father Plasencia, if one had children from each of two legitimate wives, each child received the inheritance as a "dowry" of his mother together with the products, and the property belonging to the father was divided among the children. If, together with the legitimate children, there was a child from a woman who was a slave of the father, the child did not inherit, but his mother was to be emancipated and the son was to be given something; if the father was a principal, he was to give his' son one tael or one slave or more, in his discretion.

If, besides the legItimate children, there was a child from a single free woman to whom "dowry" had been given, but who was not considered as a real wife, such child was considered natural, even if his father was married, and inherited one-third of the estate. When there were no children from a legitimate wife, but from a single woman or ina,asana, all of such children inherited; and if there was any child from a slave woman, he was given what has been referred to above. If there were only children from a female slave, they did not inherit, but the parents and grandparents of the deceased or his brothers or next of kin inherited; and these gave the slave's son what has been already mentioned. If there was a child from a free married woman, in case the offended husband prosecuted the adulterer, the penalty suffered by the father was considered a dowry, and such child inherited jointly with the other children, "x x x but if the adultery" was not prosecuted, such child was not considered an offspring of the deceased and inherited 43

ENCYCLOPEDIA OF THE PHILIPPINES nothing." Of course, the child was presumed to be the adopted, if his behavior was satisfactory to the adopter, received by way of inheritance the price, increased twofold, of the adoption.

Wills.-I have f ound in the histories nothing clear and positive about wills. But, judging from some customs that we find in our towns, and which are undoubtedly vestiges of ancient practices, it seems proper to presume that the Filipinos of old used to make wills', at least those wills called among the old Romans as de viva voce (nuncupative.)

Betterment.-According to Loarca, the father could give a betterment t o any of his children.

OBLIGATIONS AND CONTRACTS

Honesty in ~he performance of the obligations was remarkable among our forefathers. The Chinese Wan Tayuan who wrote in the fourteenth century about the Philippines (Craig, work cited) says the following: "The natives and the traders having agreed upon the price, the former were allowed to take away the goods and later on, they brought t he amount of native products. The traders trusted them for they never failed to live up to their stipulated bargains." And let us hear from the other Chinese author, Chao Ju-Kua, who wrote about the thirteenth century on the Chinese and Arab trade (Craig, work cited), who say,s on this point: "It is a commercial practice for the savage t raders to assemble in crowds and take the goods away with them in baskets; and, even if one cannot at f irst know them, and can but slowly recognize the men who r emoved the goods, yet there is no loss. The savage traders will afterwards take these goods to the other island路s for bar ter , and, as a rule, it takes them as much as eight months till they return, when they pay the traders on board with what they have obtained for the goods."

44

GOVERNMENT AND POLITICS Owing to the nature of that society, there was not much variety in their contracts. The contracts expressly referred to in, or may be inferred from the histories I have read, were the following: SALE, EXCHANGE, PARTNERSHIP, and LOAN. The non-performance of contracts was in many cases punished with temporal or perpetual servitude, according to the nature of each case.

In section 2 of Calantiao's Code (Pavon, work cited), the non-fulfillment of an obligation was punished, for the first' time with whipping; for the second time, with placing the hands of the debtor in boiling water; and for the third time, with death. These penalties were inflicted when the creditor was a principal.

Sale.-N othing definite is said by the historians about this contract. But from what they say, it is clearly inferred that it existed, as they had a medium of exchange, which was gold.

Exckange.-The Chinese historians just cited say that this contract was generally made use of.

Parr;nerskip-Besides the conjugal partnership which I have already mentioned, there was an ordinary partnership, thus described by Loarca: '''When two persons formed a partnership by putting in an equal share of the capital, and one of them went away to trade with the whole capital but was captured by the enemies, the partner who remained was bound to redeem his partner, by paying the price of the redemption. The captive was thus discharged not only from the responsibility for the capital of his partner but also for the money paid by paying the price of the redemption. But if the partner who went away to trade, lost the money in gambling or women, he was compelled to pay the money thus misappropriated and his liability attached to his children. If the amount was so big that he was not able to refund it within the time 45

ENCYCLOPEDIA OF THE PHILIPPINES agreed upon, then he and one-half of his children became the slaves of his partner, so that if he had two children, one of them became a slave. If afterwards, the free child was able to pay his father's debt, all of them were set free."

Loans .-According to Loarca, in loans of rice the time for the payment was one year, becau.se the debtor was given an opportunity until the harvest. After the year, if the loan was unpaid, the debt was doubled. After two years, the debt was increased four-fold, and so on.

And this was done by way of interest. It was common for the debtor of a principal to retain for an indefinite time the money borrowed; but then, the contract, as we see, became a sort of partnership in which the creditor was the partner furnishing capital and the debtor was the industrial partnel', because then the profits were to be divided between the debtor and the creditor.

According to Plasencia, the creditor could assign the debt to a third person for a higher Bum than the original debt; and the debtor had to pay, not only the original sum he borrowed, but also the profit made by the first creditor in the transfer of the debt.

Remarks.-There is a Filipino contract in general use in many of our towns, which is neither mortgage, nor antichresis, nor sale with a right to repurchase; but it seems very similar to the old Roman contract of FIDUCIA, described by Mr. Jacques Dumas in one of his lectures delivered at Yale, entitled "Registering Title of Land," (Storr's Lectures for 1899-1900, p. 14, Chicago, 1900.) I refer to that contract by which the debtor gives the possession and fruits of his land to the creditor as a guaranty for the payment of the debt, the creditor receiving the fruits of the land without applying them to the payment of the credit of the interest. It is to be presumed that this custom is a survival of our ancient laws.

46

GOVERNMENT AND POLITICS Here the subject of the Civil Law ends. The Mercantile Code hardly has any place in this work, for the simple reason that, owing to the nature of ancient Filipino society and their very limited trade, I cannot safely say that they had mercantile transactions in the modern sense of the phrase. And we know that mercantile law, as a substantive institution, independent from the civil law, was codified only in the seventeenth century, that is to say, about one hundred years after the arrival of the Spaniards in the Philippines.

There are, however, customs still followed in our towns, which are undoubtedly vestiges of old laws and customs which suggest something about the "Joint Accounts" pz:ovided for in the Code of Commerce now in force. The resemblance is shown by the fact that the "JOINT ACCOUNTS" contract is chieflY governed by custom. I refer to the little copartnership of agricultural or industrial character. For instance, in the planting of rice, those who helped in the planting are entitled simply by custom, not by contract, to a share of the crop in harvest time. Noone dares to deprive them of such share, which they receive, or take as a matter of course.

The amount of the share varies according to the different localities. This custom still prevails in the province of Leyte.

Something similar is observed as to fishing. The owner of the net, as well as that of the ropes, and that of the boat, and all others who help in the work, whether invited or not, each and everyone of them as a matter of course, without previous agreement, but simply 'according to the cUistom in the locality, receives or takes his customary share, no more or less.

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ENCYCLOPEDIA OF THE PHILIPPINES CIVIL P ROCEDURE

The historians in giving account of this subject do not furnish complete details. But what they say is enough to confirm Father San Antonio's statement, that the laws of those people were not lacking in prudence; and also Hon. Araneta's assertion made on an occasion similar to this, that our pre-Spanish laws could be favorably compared to the old Greek and Roman laws.

According to Morga, and to Fathers San Antonio, Colin, and Plasencia, the law suits were determined and adjudged in the f ollowing manner: If the parties did not come to an agreement , each of them was sworn, and promised to submit himself to the decision that might be rendered in the case. (From this, it appears there was no appeal.) Then the witnesses of each side were summarily examined. If the evidence was in favor of one of the parties the decision was Tendered accordingly, and the defeated party was immediately notified of the decision. If this par ty refused to pay the sentence, then the judge and the elders who were members of the court as a jury proceeded to take away from him the gold necessary to pay the sentence. Most of this gold was for the j udge and t he jury (probably as fees and costs), and for the witnesses of the winning Iside. Here we can see that they, as is done in many States of America, paid the witnesses, and we all see that, at least in criminal cases the witnesses were entitled to a reimbursement of the expenses t hey incurred in attending the court. In the Philippines, to be subpoenaed by the court as witness sometimes becomes one of the hardest duties of a citizen, when he is poor and lives far from the place of the court, and especially when he has to wait several days before he is examined and excused. Of course, now the courts have been reorganized, and practically each province has 48

GOVERNMENT AND POLITICS one judge; so the probability of a witness awaiting in the capital of the province until he is excused is considerably reduced.

The rest of the money collected from the defeated party is turned over to the winning side, who as Father San Antonio says, contented himself with the glory of the victory. (Here appears one of the characteristics of the Filipino; his being too idealistic).

The hearing was public, and took place in the presence of the whole baranga;y.

Jury.-As we have seen the old men acted as members of a jury.

Presumptions.-Father Plasencia tells us that the parents of the suitor or girl who refused to marry, after the marriage was arranged, were punished, for they were presumed to have induced their child to withdraw from. the agreement. Such presumption was undoubtedly based on the deep-rooted respect and obedience of the children towards their parents, and the resulting belief that it would be impossible for a child to withdraw from the agreement against the will or witnout the consent of its parents.

PENAL LAW

Felonies and Misdemeanors.-The distinction between felonies and misdemeanors or something of this sort is found in what Loarca says about thefts, which is as follows: "It was a misdemeanor when the value of the thing stolen was less than four taels, that is, twenty pesos; but it was a felony when such value was this amount or more." . Circumstances Which Qualify and Modify Responsibility.-It is certain that these were taken into account in the weighing of criminal liability, although the historians do not give them very clearly. Nevertheless, the first article of the Code of Calantiao mentions the exempt49 '

ENCYCLOPEDIA OF THE PHILIPPINES ing circumstance of self-defense in the case of an injury inflicted (upon an old' man when the accused acted in defense of his life.

Recidivism.-It was considered an aggravating circumstance. According to Loarca, in case of theft, the first recidivism was punishable by slavery, and the second one, by death. In the Code of Calantiao, article 2, the first recidivism in failure to pay a debt due to a principal was punished by a hundred lashes, or by placing the hand three times in boiling water, and a second one by death.

Similar grading of penalties was made with regard to other crimes.

Penalties.-According to Loarca and Plasencia, the penalties were death, fine and other discretionar'lJ ones.

Slavery or servitude, as in the Japanese Penal Code ("The Criminal Code of J'fl'pan," by J. E. de Becker), was only imposed as a subsidiary penalty for fines.

According to the Penal Code of Calantiao (Pavon, supra), the penalties were death, incineration, mutilation of the fingers, slavery, flagellation, being bitten by ants, swimming for a fixed time and other discretionary penalties.

These punishments may appear cruel to us now. But taking into account the epoch, they are more humane than those of other parts of the world. Not to cite others, we may mention those of the law of Draco in Athens; those among the ancient Romans, and, in later periods, those imposed by the "Fuero J uzgo'" and "Partidas."

Non-Fulfillment of Sentence.-In the Code of Calantiao, article 11, it is punished by incineration.

Pardons.-A person condemned to death could ask the commutation of the penalty to slavery (Loarca).

60

GOVERNMENT AND POLITICS PUNISHABLE ACTS

Crimes of "Lese MajesU."-According to Loarca, if a chieftain was killed, all the inhabitants of the town where he died were made slaves, and the guilty ones were condemned to death.

A person who entered ill the night time the house of a principal contrary to the desires of the person living therein, was punished by death. If the felon was caught in the act he could be tortured in order to discover if he had been ordered thither by another principal. If he confessed that he was so ordered, he was made a slave, and the person who gave the Iord.er IW3.lS: pun1ished by death, which penalty could be redeemed with money.

Tortures were not peculiar to the ancient Filipinos.

We know it was adopted in the "Fuero J uzgo" and in the "Partidas," not to mention other laws of Spain and other countries.

Crimes Against Religion 'and Worship.-In the 6th article o路f the Code of Calantiao, irreverence shown to the sacred places and to certain trees was路 punished with one month's labor, or in lieu thereof, by a fine i~ gold or honey, and recidivism was punished by slavery for five years. In article 7, the cutting of sacred trees and the killing of a shark or streaky alligator was visited with capital punishment. In article 9, the killing of a bird called "manaul" (a bird of prey) was punished by whipping for two days. Article 12 punished with drowning the destruction or throwing away of the anitos (gods).

Article 13 punished with a half-day's stay among the ants the killing of a black cat on a new-moon day. Article 15 punished with Whipping the eating of the meat of sacred insects or herbs, the injuring or killing of the brood of the bird manaul or of a white monkey. Article 16 punished with amputation of the fingers, the breaking of idols of wood or clay during the olangan (religious cere51

ENCYCLOPEDIA OF THE PHILIPPINES monies), and the breaking of sacred gravers used in killing pigs, or the breaking of drinking vessels. And article 17 punished with the capital penalty the violation of temples and sepultures, and things of diwatas.

Etymology: The word manaul possibly came from ddul which in Bisayan meant the flower of the coconut, where from the wine called tuba is extracted.

Perhaps thils bird is fond of such a flower.

Anito. This word means gods in general, especially images. It is a compound of ana (what?) and ito (this in Tagalog, that in Bisayan), i. e., "what is this or that?" an exclamation of those who first saw such images. In Sanskrit a-nida means "having no nest or settled abode," i. e., incorporeal. Is there any philologic relation between anito and a-nida?

Olangan is a derivation of olang through the suffix an. It is the olang which means shrimp and which is orang in Bisaxan, perhaps because in such offerings the shrimp was considered the best offer. In the Bisayan of Leyte, olang means to eat something customary during the time one is fasting, especially at night.

It also means obstacle, barrier, i.e., an obstacle or interruption of fasting; a meaning which approaches the Sanskrit ul-langh which means to violate a law, to offend.

Tagalonas. I believe this word is a compound of taga, which in Bisayan and Tagalog means cure, counierpoison, antidote. In Tagalog it is katalona, possibly because the particle taga of the Bisayan form was metathesized into gata, and the g of this form was softened and converted into a le, thus: leata; and thence, the Bisayan tagalona was converted into the Tagalog leatalona. This Tagalog leatalona might have ano~he~ explanation, to wit: it might possibly be a deriVatIOn of the root talon which means to jump: perhaps the katalona used to dance during the offermgs.

Diwata. It means deity, and is derived from the Malay dewata. In Javanese, Sunda 'and Bugis, it is also dewata. In Battak it is debata , and in Makassar 52

GOVERNMENT AND POLITICS it is rÂŁwata. In Sanskrit it is dewa which means god, and where from the Greek the os, the Latin deus and consequently the Italian dio, the Spanish dios and the French dieu are derived.

Public Disorders.-Artic1e 9 of the same Code considered as such the singing in evening walks, and punished it with flogging for two days.

Assaults upon Persons in Authority.-Such was offense committed by the person who spoke to a dato, his wife or child, without previous permission, which was absolutely forbidden under severe penalties, according to Father Plasencia, although it is unknown of what these might have consisted.

According to Morga, a slave was punished also for passing by near 3; principal while the latter was bathing in the river, or for looking at him with little respect.

According to Loarca, the death penalty was imposed upon him who spoke disrespectfully to a chieftain or used abusive language.

But this penalty could be commuted to a fine of fifteen taels of gold, and, in case of insolvency, the relatives of the criminal could pay for him. If they did not choose to do so, the criminal could ask for mercy offering himself to be the slave of the offended party in order to save his life, which was usually granted.

If the criminal and the offended party were both of high rank, the chieftains usually arranged the matter according to j llstice, imposing discretionary penalties. If the offender refused to comply with the penalty imposed, war was declared between the two interested families when they belonged to the samJe barangay, otherwise, between the two barangays to which they respectively belonged.

In the 7th article of the Code of Calantiao, trespass upon the dwelling of a principal was punished by death penalty.

53

ENCYCLOPEDIA OF THE PHILIPPINES Violation of SepUlchers.-In the 4th article of the Code of Calantiao, disturbance of the peace of sepulchers or lack of reverence shown to them while passing by, was punished with death, by whipping, or biting of ants. And the lack of respect for cor pses was punished in article 9 with Whipping for two days.

Misconduct in Office.-Article 18 of the Code of Calantiao punished with death the prVncipal or aged man who failed to enforce the provisions of said code.

CRIME AGAINST PERSONS

Homicide.-According t o Loarca, among those who were not principales, the penalty imposed was death; if the offender asked for mercy, h e was made the slave of the father, son or ne'}t of kin of t he deceased. If the deceased was a slave and the offender a principal, the latter was required to pay t he price of th e slave, and, moreover, suffer a just discret ionary penalty. If there were several offenders, they were required to pay severally the price of the deceased slave. The Code of Calantiao (article 1) says: Hyou shall not kill, nor steal, nor inj ure aged persons without your life being endangered. All those who violate this provision shall die drowned with a stone in a river or boiling water." (Pavon, supra). And in its article 11, the killing of two young boys was punished by incineration.

If the deceased was a timawa, the punishment was

capital. Nevertheless, the offender could choose between deat h and slavery.

If the person killed in another town w,a s a private

person, t hose directly responsible for the act were condemned to death without mercy, and those who otherwise contributed to the commission of the same, were made slaves.

54

GOVERNMENT AND POLITICS

Physical Injuries.-We have not been able to find anything from the historians with regard to the penalties imposed for physical injuries (lesiones). Neverthless, the Code of Calantiao forbade, under penalty of death, the wounding of aged persons, except in self-defense. Article 7 of the same code punished with death the slinging of arrows at women or aged men in the night time. Article 8 punished with temporary slavery the owner of a dog which bit a principal; and, in article 10, the husband who treated his wife with cruelty was punished with death.

Witchcraft.-Those who were taken for witches were punished by death, and their children and accomplices were made slavâ‚Źs of the chieftain, who paid a certain sum to the offended party for such a benefit. This is what Father Plasencia says about the subject.

CRIMES AGAINST CHASTITY

Adultery.-Accdrding to Loarca, among the Bisayans, the husbands prosecuted only the male adulterer; this was, aside from the great esteem, Which, according to this author, they had for their wives (for we have seen that the Code of Calantiao punished with death the cruelty to the same) perhaps because a Filipino woman, in general, is very rarely capable of provoking the commission of unchaste acts, due to her natural bashfulness. Father Ordonez de Cevallos (work cited, page 232), says: "The women are extremely very chaste, and lewdness is never seen in them, nor any disloyalty to their master; on the contrary, they are very generally, virgins, and those who are married know no husband but one; and in spite of this, God, in His divine secrets, multiplies them greatly; and some towns are found to have two thousand five hundred inhabitants, and to have over two thousand boys and girls, and yet none of these children is found to be illegitimate."

55

ENCYCLOPEDIA OF THE PHILIPPINES On the other hand, the Filipino wife dearly loves her husband. This theory is confirmed by the fact that the suttee was immediately adopted and practiced in the Philippine Islands. The suttee was a ceremony whereby the widow gave herself to the same flames which consumed the remains of her husband on his incineration: a Hindu custom which was imported into the Philippines, according to Mr. Craig, (work cited) betw.een the twelfth and fourteenth centuries.

The punishment for the male adulterer consisted in a fine which was imposed upon the offender and all his relatives, all of whom had to suffer, in case of insolvency, slavery, or, more properly speaking, subsidiary peonage.

According to Mr. Venturrillo (supra), among the Tagbanuas the husban<J was considered justified in killing the adulterer of his wife. Such was not the ruJe under the Code of Calantiao (Art. 10).

Mythowgical Facts.-M. de Loarca gathered the tradition that the first adultery was committed by the goddess Lubluban, wife of the god Pandaguan, lying with Maracoyron. Strictly speaking, the fact above referred to, as it is told, was not a punishab1e adultery, for, when it was considered an adultery, the deceased was supposed to have resurrected thirty days after his death.

Amancebamiento.-According to Father San Antonio, it was only punished when it was committed by a timawa with a woman of high rank; but this author does not tell us clearly in What the penalty consisted.

Rape.-As in the case of Amancebamiento, Father San Antonio says, it was only punished when committed by a timawa on a woman of high rank.

Incest.-As in the 'n ext two preceding crimes, it was only punished when committed by a timawa and a woman of high rank. This is what Father Antonio says. But 56

GOVERNMENT AND POLITICS Father Colin says in his "Labor E.vangelica" that it was punished with severe penalties. Father Delgado corroborates this statement.

Abduction.-According to Loarca, it was only punished when committed by an inhabitant of a town different from that of the girl abducted, and such an act was considered a cau.se for war. The abduction of the wife of a principal was punished by temporary slavery in article 8 of the Code of Calantiao. The abduction of the wife of an aged man was punished with incineration (art. 11).

Lewdness.-Article 3 of the Code of Calantiao punished excessive lewdness with swimming for three hours for the fi~st offense, death by flogging for the second, and death by thorns for the third. It was also punished by drowning (art. 12).

CRIMES AGAINST HONOR

Insults (Injuries) .-From what 'Loarca says, this crime could be committed , in three ways: (a) by words; (b) by direct acts, as by stripping a woman of her mantle in public and leaving her naked; and (c) by indirect acts, as by being the cause of woman dropping her mantle, when she is pursued or attacked. According to Father San Antonio, insults preferred against chieftains, women and aged men were punished with the severest penalties and were not easily pardoned.

All these facts show once again the ideas which those people entertained regarding honor, to which they paid a true and sincere homage; and their unquestionably humanitarian feelings, which would be a credit to the most enlightened nations of today. They put women and aged men upon the same level with their highest officials as regards the consideration and respect to which they were entitled.

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ENCYCLOPEDIA OF THE PHILIPPINES CRIMES AGAINST PROPERTY

Robbery and Theft.-Undoubtedly, they did not make

the distinction that we now make between these two crimes.

And the authors, not making it either, called "Theft" whatever might signify the taking of the property of another without the consent of its owner.

We must distinguish two classes of these crimes: it was a felony when the price of the thing stolen was four taels of gold (twenty pesos) or more; if such price reached one cate of gold, the crime was considered very grave and was punished with death.

Grave the:(t was also punished with capital punishment, but could be commuted to the slavery of the offender, all his children and all those who lived in his house.

The son who was able to show that he was absent when the theft was perpetrated was excepted from this rule.

Light theft, that is, when the value of thing stolen did not reach four taels of gold, was punished with the return of the thing stolen, and, in the discretion of the judge, the payment of a fine.

The Code of Calantiao punished robbery of things owned by the agurangs (old men) in its first article, with article 13, it was punished with biting of ants for half a day.

Etymology.-The word agurang is the name magurang with the m suppressed by aphaeresis. Magurang is the adjective form of the root gurang which means age, oldness. In Tagalog it is magulang and gulang. Gurang in Sanskrit is dyara from which the Greek, gueron, guerontos, which means old, is derived.

58

GOVERNMENT AND POLITICS

Estafa.-Loarca tells us, as we have noticed while considering the subject of partnerships, that the partner who applied the capital of the firm to his own use spending it in gambling or women, and was insolvent, was reduced to slavery together with half of his children.

Arson.-Article 8 of the Code of Calantiao punished with temporary slavery the burning of the crop of another.

Malicious Mischief.-The destruction of documents belonging to a principal was punished with whipping for two days in article 9 of the Code of Calantiao.

CRIMINAL PROCEDURE

As in Civil Procedure, little may be 'Said about the Criminal Procedure.

Criminal cases, according to Morga and fathers San Antonio, Colin, and Plasencia, were adjudicated taking into consideration the rank of the interested parties. If the deceased was a chieftain, all his relatives would go to the house of the offender and would start a fight which lasted until the aged men intervened, declaring the amount of gold which was to be paid as indemnity for the homicide.

The judge or hukums and the aged men kept one-half of this sum, and the other half was divided among the wife, children and relatives of the deceased. The death penalty was imposed only in case the offender and his victim were so poor as not to be able to defray the expenses.

Etymology.-Hukum (judge, to adjudge) is common to Maguindanao, Bisayan, and Tagalog. In Maguindanao ~t is sometimes kukum. In Pampanga, Pangasinan and Ilokano it is ukum. It is derived from the Malay hukum. In Battak it is ukum, and in Makassar it is hukung. In Arabic the word hikmat means science, art. I believe that the Malay hukum, as many other Filipino words, is derived from Persian. In Persian, a judge is called hakim.

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ENCYCLOPEDIA OF THE PHILIPPINES In cases of theft, when the author was unknown, and several were suspected of its commission, the following was done: each one of the persons suspected was required to take with him a bundle of clothes, leaves or any other thing wherein the object stolen might have been hidden.

Then the bundles were opened, and if the object stolen wa.s found within any of the bundles, the proceeding was ipso facto terminated and no further investigation was made as regards the owner of the bundle in which the thing was found. This practice, as Rizal has well said (Morga, edicion Rizal, pag. 306, Paris, 1890), leaves an open door to "repentance and at the same time saves the honor of the offender repenting.

If this procedure did not give the desired result, the persons suspected were r equir ed to submerge themselves in a river at the same t ime, and the first one who appeared on the surface of t he water was considered the author of the crime. For phY'siological r easons, more or less well founded, those Filipinos acted intelligently, for they well believed that he who was not able to remain for a long time under water f elt remorse which shortened his breath.

Here you have a form of investigation which, if it is far from being perfect, is, however, reasonable, more conceivable t han t he ancient practices in other countries, as f or instance, in Scotland, where witches were thrown into the sea, and those that floated, were considered innocent, and the ones drowned were declared guilty, as Mr. Bazan states in his "Las Instituciones Federales en los Estados Unidos," Madrid, 1883, page 101.

Tradition ha.s handed down to us similar methods, as that of masticating uncooked rice, which is still resorted to by the boys of Leyte in their games upon those suspected of having committed a reprehensible act. The one who 60

GOVERNMENT AND POLITICS produced the thickest saliva was considered the guilty one for the reason that persons tormented with remorse cannot usually produce much saliva.

Criminal trials, like civil proceedings, were public.

Presumptions.-In criminal cases, Loarca says that a penalty was imposed upon all those who lived in the house of the person who was found guilty of theft. We gather from this rule two presumptions: one juris et de jure,. to wit, that all those who lived in the house profitted themselves knowingly, by the effects of the crime and, therefore, were guilty as accessories; and another, juris tantum as regards.the children of the offender, for, if it was proven that these were not in the house when the crime was committed, they were held innocent.

Oaths.-According to Father Santa Ines and other historians, a wax candle was lighted and the person taking the oath was required to say tilat if he failed to comply with his promise he was ready to live the life of the melting candle and die with it.

There were also other forms of making oaths, also real imprecations, as the following: "May I die," "May the alligator bite me," etc., similar to that of the great Greek poet, Sophocles, who said: "May I die if I do not tell the truth."

The oath taken by the principales of Manila and Tondo in promising obedience to the Catholic Kings of Spain in 1571 was as follows: "May the sun divide us in halves, the alligators bite us, the women refuse us their favors and refuse to love us well, if we do not keep our word."

When the people of the old province of Tuy, situated near the Cagayan River in the northern part of Luzon, took an oath of allegiance to Spain in the year 1609 before D. Luis Dasmarifias, . they d:topped two eggs on the ground and said that, in the same manner as those eggs 61

ENCYCLOPEDIA OF THE PHILIPPINES had been broken, may they also be broken, if they failed to comply with their promise. (Morga, Ed. of Retana, Notes, p. 416).

CONCLUSION

I have reached the end of my task. You have seen how the incompleteness of this work perfectly corresponds to its title: "Rough Survey." There is much material for a conscientious study of our pre-historic legislation, with the intensity and br oadness that the subject deserves: and, as Dr. Robertson said in his lecture delivered before the PHILIPPINE ACADE MY in January of this year, entitled "Early Social and Economic History of Manila" we do not know how many more references to the Philippines are hidden, especially in the Chinese archives. But my time is limited, and the scope of this work, narrow.

However, if I failed t o present the subject in accordance with my desir e I do hope that, at least, I have succeeded in strengthe'ning in yoU11' minds the idea, both encouraging and true, that the F ilipino people, even in prehistoric times, had alr eady shown high intelligence and moral virtues; virtues and intelligence clearly manifested in their legislation, which t aking into consideration the circumstances and t he epoch in which it was framed, was certainly as wise, as prudent, and as humane, as those of the nations then at the head of civilization.

Under such a g ratifying conviction, and considering that we descend, not f rom that almost extinct Ethiopian race commonly taken as the autochthon people of the Philippines, but from that of those intrepid Malays, the first colonizers of this beautiful Archipelago, where they brought their culture and the laws I have just roughly outlined, I f eel justifi ed in paraphrasing on this occasion what the f amous orator Daniel Webster said at the Commemoration of the First Settlement of New England at Plymouth in 1820: 62

GOVERNMENT AND POLITICS "Advance, then, ye, future generations. I bid you welcome to this pleasant land of the fathers. I bid you welcome to the healthful skies and the verdant fields of the Philippines I"

63

The Code of Kalantiaw * ARTICLE I

Ye shall not kill; neither shall ye steal; neither shall ye do hurt to the aged; lest ye incur the danger of death.

All those who infringe this order shall be condemned to death by being drowned with stones in the river, or in boiling water.

ARTICLE II

Ye shall obey. Let all your debts with the headmen (principales) be met punctually. He who does not obey shall receive for the first time one hundred lashes.

If the debt is large, he shall be condemned to thrust his hand into boiling water thrice. For the second time, (he shall be condemned) to be beaten to death.

ARTICLE III

Obey ye: let no one have women that are very young; nor more than he can support; nor be given to excessive lust.

He who does not comply with, 'obey, and observe this order shall be condemned to swim for three hours for the first time, and for the second time, to be beaten to death with sharp thorns; for the third time, he shall be lacerated with thorns.

ARTICLE IV

Observe and obey ye; let no one disturb the quiet of graves. When passing by the caves and trees where they are, give respect to them.

He who does not observe this (order) shall be killed by ants, or beaten with thorns until he dies.

*, Kalan is. a transposition of the word Lakan, meaning great o! chIef, and ,!,~aw., a proper name, meaning solon or wise man. SometImes Kalant~aw IS written Calantiao.

64

GOVERNMENT AND POLITICS ARTICLE V

Ye shall obey: he who (makes) exchanges for food, let it be always done in accordance with his word.

He who does not comply, shall be beaten for one hour, he who repeats the offense shall be exposed for one day among ants.

ARTICLE VI

Ye shall be obliged to revere sites that are held in respect (such as those of) trees of recognized worth, and other sites.

He who fails to comply shall pay with one month's work in gold or in honey.

ARTICLE VII

They shall be put to death: he who kills trees of venerable appearance; he who shoots arrows at night at old men and women; he who enters the houses of the headmen (principales) without permission; he who kills the fish (called) shark, or the streaked cayman.

ARTICLE VIII

Slavery for a doam (certain period of time) shall be suffered: by those who steal away the women of the headmen (principales); by him who keeps ill-tempered dogs that bite the headmen (principales); by him who burns the fields of another.

ARTICLE IX

All those shall be beaten for two days, who: sing while traveling by night; kill the bird Manaul; tear the documents belonging to the headmen (principales); are malicious liars; or mock the dead.

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ENCYCLOPEDIA OF THE PHILIPPINES ARTICLE X

It shall be an obligation: let every mother teach mat-

ters pertaining to lust secretly to her daughters, and prepare them for womanhood; let not men be cruel nor punish their women when they catch them in the act of adultery.

Whoever shall disobey shall be killed (by being cut) to pieces and thrown to the caymans.

ARTICLE XI

They shall be burned: those who by their strength or cunning have mocked at and escape punishment; or who have killed young boys; or try to steal away the women of agorangs.

ARTICLE XII

They shall be drowned: all those slaves who interfere with their superiors, or their owners o:e masters; all those who abuse themselves through their lust; those who destroy their anitos by breaking them or throwing them down.

ARTICLE XIII

All those shall be exposed to the ants for half a day: who kill black cats during a new moon; or steal anything from the chiefs and agorangs, however small it may be.

ARTICLE XIV

Those shall be made slaves for life: who have beautiful daughters and deny them to the sons of chiefs, and with bad faith hide them away.

ARTICLE XV

Which concerns their beliefs and superstitions. Those shall be beaten: who eat the diseased flesh (carnes malas) of the beasts which they hold in respect, or the herb which they consider good, who wound or kill the young of Manaul, or the white monkey.

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GOVERNMENT AND POLITICS ARTICLE XVI

The fingers >shall be cut off: of all those who break idols of wood and clay in their olangans and temples; of those who destroy the daggers of the tagalonas (used for killing pigs), or break the drinking jars (of the latter) .

ARTICLE XVII

Those shall be killed who profane sites where idols are kept, and sites where are buried the sacred things of their diuatas and headmen. He who performs his necessities , in those places shall be burned.

ARTICLE XVIII

Those who do not cause these rules to be obeyed: if they are headmen (principales), they shall be put to death by being stoned and crushed; and if they are agorangs, they shall be placed, in rivers to be eaten by sharks and caymans.

Done in the year 1433.

KALANTIAW

67

The Malolos Constitution Presidency of the Revolutionary Government of the Philippines DON EMILIO AGUINALDO Y FAMY, President of the Revolutionary Government of the Philippines, and CaptainGeneral and Commander in Chief of its Army Know all Philippine citizens: That the Assembly of Representatives of the nation, using its sovereign power, has decreed, and I have sanctioned the political Constitution of the State.

Therefore: I command all the military and civil authorities of any class or rank to keep it and cause it to be kept, complied with, and executed in all its parts, because it is the sovereign will of the Philippine people.

Done at Malolos on the 21st day of January in the year eighteen hundred and ninety-nine.

EMILIO AGUINALDO The President of the Council: ApOLINARIO MABINI WE, the representatives of the Philippine people, lawfully invoked, in order to establish justice, provide for common defense, promote general welfare, and insure the benefits of freedom, imploring the aid of the Sovereign Legislator of the Universe in order to attain these purposes, have voted, decreed, and sanctioned the following: POLITICAL CONSTITUTION TITLE I

The Republic ARTICLE 1. The political association of all the Filipinos constitutes a nation, the estate of which is denominated Philippine Republic.

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GOVERNMENT AND POLITICS ART. 2. The Philippine Republic is free and independent.

ART. 3. Sovereignty resides exclusively in the people.

TITLE II

The Government ART. 4. The Government of the Republic is popular, representative, alternative and responsible, and is exercised by three distinct powers, which are denominated legislative, executive, and judicial. Two or more of these powers shall never be vested in one person or corporation; neither shall the legislative power be vested in one individual alone.

TITLE III

Religion ART. 5. The State recognizes the equality of all religious worships and the separation of the Church and the State.

TITLE IV

The Filipinos and their National and Individual Rights ART. 6. The following are Filipinos: 1. All persons born in Philippine territory. A vessel flying the Philippine flag shall, for this purpose, be considered a portion of the Philippine territory.

2. The offspring of a Filipino father and mother although born outside the Philippine territory.

3. Foreigners who have obtained certificates of naturalization.

4. Those who, without it, may have gained "vecindad" (residence) in any town of the Philippine territory.

It is understood that residence is gained by staying two years without interruption in one locality of the Phil69

ENCYCLOPEDIA OF THE PHILIPPINES ippine territory, having an open abode and known mode of living and contributing to all the charges of the nation.

The nationality of the Filipino is lost in accordance with the laws.

ART. 7. No Filipino or foreigner shall be arrested or imprisoned, except on account of crime, and in accordance with the laws.

ART. 8. Any person arrested shall be discharged or delivered over to the judicial ,a uthority within twentyfour hours following the arrest.

Any arrest shall be held without effect or shall be carried to commitment within seventy-two hours after the detained has been delivered over to a competent judge.

The party interested shall receive notice of the order which may be i'Ssued within the same time.

ART. 9. No Filipino shall be imprisoned except by virtue of the mandate issued by a competent judge.

The decree by which the mandate may be issued shall be ratified or confirmed, after having heard the presumed criminal within seventy-two hours following the act of commitment.

ART. 10. No one shall enter the domicile of a Filipino or foreign resident in the Philippines without his consent, except in urgent cases of fire, flood, earthquake, or other similar danger, or of unlawful aggression proceeding from within or in order to assist a person within calling for help.

Outside of these cases, the entrance in the domicile of a Filipino or foreign resident of the Philippines and the searching of his papers or effects can only be decreed by a competent judge and executed during the day.

The searching ef the papers and effects shall take place always in the presence of the party interested or of an individual of his .family, or in the their absence, of two resident witnesses of the same place.

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GOVERNMENT AND POLITICS Notwithstanding, when a delinquent may be found in flagranti, and pursued by the authority with its agents, may take refuge in his domicile, he may be followed into the same only for the purpose of apprehension.

If he should take refuge in the domicile of another, notification to the owner of the latter shall precede.

ART. 11. No Filipino shall be compelled to change his domicile or residence except by virtue of a final judgment.

ART. 12. In no case can correspondence confined to the post-office be detained or opened by the governing authority, nor can that of the telegrpah or telephone be detained.

But, by virtue of a decree of a competent judge, any correspondence which may be conveyed by the post-office can be detained and also may be opened in the presence of the accused.

ART. 13. Any decree of imprisonment, of search of abode, or of detention of the correspondence written, telegraphed, or telephoned, shall be justified.

When the decree may fall short of this requisite, or when the motives on which it may be founded may be judicially declared unlawful or notoriously insufficient, the person who may have been imprisoned, or whose imprisonment may not have been ratified .within the term prescribed in Art. 9, or whose domicile may have been forcibly entered, or whose correspondence may have been detained, shall have the right to demand the responsibilities which ensue.

ART. 14. No Filipino shall be prosecuted or sentenced, except by a judge or tribunal who, by virtue of the laws in force prior to the commission of the crime, has jurisdiction to take cognizance of the same, and in the form which the latter may prescribe.

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ENCYCLOPEDIA OF THE PHILIPPINES ART. 15. Any person detained or imprisoned without the legal formalities, unless in the cases provided in this Constitution, s路h all be discharged upon their own petition or that of any Filipino.

The laws shall determine the form of proceeding summarily in this case, as well as the personal and pecuniary penalties incurred by him who may order, execute, or cause to be executed, the illegal detention or imprisonment.

ART. 16. No person shall be deprived temporarily or permanently of his property or rights, nor disturbed in the possession of them, unless by virtue of a judicial sentence.

Those functionaries who under any pretext infringe this provision shall be personally responsible for the damage caused.

ART. 17. No person shall be deprived of his property unless through neces~ity and common welfare, previously justified and declared by the proper authority, providing indemnity to the owner previous to the deprivation.

ART. 18. No person shall be obliged to pay contribution which may not have been voted by the Assembly or by the public corporations legally authorized to impose it, and which exaction has not been made in the form prescribed by law.

ART. 19. No Filipino who may be in the full enjoyment of his civil and political rights shall be hindered in the free exercise of the same.

ART. 20. Neither shall any Filipino be deprived of: 1. The right of expressing liberally his ideas and opinions either by word or by writing, availing himself of the press or of any other similar means.

2. The right of associating himself with all the objects of human life which may not be contray to public morality; and, finally 72

GOVERNMENT AND POLITICS 3. Of the right of direct petitions, individually or collectively, to the public powers and to the authorities.

The right of petition shall not be exercised through any class of armed force.

ART. 21. The exercise of the rights expressed in the preceding article shall be subject to the general provisions which regulate them.

ART. 22. Those crimes which are committed upon the occasion of the exercise of the rights granted in this title shall be punished by the tribunals in accordance with the common laws.

ART. 23. Any Filipino can found and maintain establishments of instruction or of education, ill:- accordance with the provisions which may be established.

Popular education shall be obligatory and gratuitous in the schools of the nation.

ART. 24. Any foreigner may establish himself liberally in the Philippine territory, subject to the provisions which regulate the matter, exercising therein his industry or devoting himself to any profession in the exercise of which the laws may not require diplomas of fitness issued by the national authorities.

ART. 25. No Filipino who is in the full enjoyment of his political and civil rights shall be hindered from going freely from the territory, nor from removing his residence or property to a foreign country, except the obligations of contributing to the military service and the maintenance of the public taxes.

ART. 26. A foreigner who has not been naturalized shall not exercise in the Philippines any office which may have attached to it authority or jurisdiction.

ART. 27. Every Filipino is obliged to defend the country with arms when he may be called upon by the laws, and to contribute to the expenses of the State (government) in proportion to his property.

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ENCYCLOPEDIA OF THE PHILIPPINES ART. 28. The enumeration of the rights granted in this title does not imply the prohibition of any other not expressly delegated.

ART. 29. Previous authorization shall not be necessary for the prosecution of public functionaries before ordinary tribunals whatever may be the crime which they commit.

Superior mandate shall not exempt from responsibility in case of manifest infraction, clear and determinate, of a constitutional provision. In the other cases it shall exempt only the agents who may not exercis,e the authority.

ART. 30. The guaranties provided in Articles 7, 8, 9, 10 and 11 and paragraphs 1 and 2 of the 20th Article shall not be suspended in the Republic nor any part of it, unless temporarily and by means of a law, when the security of the State shall demand it in extraordinary circumstances.

It being promuJgated in the territory to which it may apply, the special law shall govern during the suspension according to the circumstances which demand it.

The latter as well as the former shall be voted in the national Assembly, and in case the Assembly may be closed the government is authorized to issue it in conjunction with the permanent commission without prej udice to convoking the former within the shortest time and giving them information of what may have been done.

But neither by the one nor the other law can there be suspended any other guaranties than those delegated in the first paragraph of this article nor authorizing the Government to banish from the country or transport any Filipino.

In no case can the military or civil chiefs establish any other penalty than that previously prescribed by the law.

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GOVERNMENT AND POLITICS ART. 31. In the Philippine Republic no person shall be tried by special laws nor special tribunals. No person shall have privileges nor enjoy emoluments except as compensation for services to the Republic and which are fixed by law. "El fuero de guerra y marina" (the jurisdiction, pri vileges, and powers of army and navy) shall extend solely to the crimes and misdemeanors which may have intimate connection with the military and maritime discipline.

ART. 32. No Filipino shall establish "mayorazgos" or institutions "vinculadoras" (title of perpetual succession by eldest son or institutions entailed) of property, or accept honors, "condecoraciones" (in~igni\a or decoration of orders) or titles of honor and nobility from foreign nations without the authorization of the Government.

Neither shall the Government establish the institutions mentioned in the preceding paragraph, nor grant honors "condecoraciones" or titles of honor and nobility to any Filipino.

Notwithstanding, the nation may reward by a special law, voted by the Assembly, eminent services which may be rendered by the citizens to their country.

TITLE V

Legislative Power ART. 33. The legislative power shall be exercised by an Assembly of Representatives of the nation.

This Assembly shall be organized in the form and under the conditions determined by the law which may be issued to that effect.

ART. 34. The members of the Ass.embly shall represent the entire Nation, and not exclusively those who elect them.

ART. 35. No Representative shall be subjected to any imperative mandate of his electors.

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ENCYCLOPEDIA OF THE PHILIPPINES ART. 36. The Assembly shall meet every year. It is the prerogative of the President of the Republic to convoke it, suspend and close its sessions and dissolve it, in concurrence with the same or with the permanent commission in its default, and within legal terms.

ART. 37. The Assembly shall be open at least three months each year, not including in this time that which is consumed in its organization.

The President of the Republic shall convoke it, at the bitest, by the 15th of April.

ART. 38. In an extraordinary case he can convoke it outside of the legal period, with the concurrence of the permanent commission, and prolong the legislature, when the term does not exceed one month nor takes place more than twice in the same legislature.

ART. 39. The national Assembly, together with the extraordinary Representatives, shall form the constituents in order to proceed to the modification of the Constitution and to the election of the new President of the Republic, convoked at least one month previous to the termination of the powers of the former.

In the case of the deatb or of the resignation of the President of the Republic, the Assembly shall meet immediately by its own right and at the request of its President or of that of the permanent commission.

ART. 40. In the meantime while the appointment of the new President of the Republic proceeds, the President of the Supreme Court of Justice shall exercise his functions, his place being filled by one of the members of this tribunal, in accordance with the laws.

ART. 41. Any meeting of the Assembly which may be held outside of the ordinary period of the legislature shall be null and void. That which is provided by Art. 39 76

GOVERNMENT AND POLITICS is excepted, and in that the Assembly is constituted a tribunal of justice, not being allowed to exercise in such case other than judicial functions.

ART. 42. The sessions of the Assembly shall be public. Notwithstanding, they can be made secret at the petition of a certain number of its individuals, fixed by the regulations, it being decided afterwards by an absolute majority of the votes of the members present whether or not the discussion of the same matter be continued in public.

ART. 43. The President of the Republic shall communicate with the Assembly by means of messages, which shall be read from the rostrum by a Secretary of the Government.

The Secretaries of the Government shall have a seat in the Assembly, with the right to the floor whenever they ask it, and may be represented in the discussion of any particular proj ect by commissioners designated by decree of the President of the Republic.

ART. 44. The Assembly shall constitute itself a tribunal of justice in order to try the crimes committed against the security of the State by the President of the Republic and individuals of the Council of Government, by the President of the Supreme Court of Justice, by the Solicitor-General of the nation by means of a decree of the same, or of the permanent commission in its absence, or of the President of the Republic at the proposal of the Solicitor-General, or of the Council of the Government.

The laws shall determine the mode of procedure for the accusation, preparation for trial, and pardon.

ART. 45. No member of the Assembly shall be prosecuted or molested for the opinions which he may have expressed or for the votes which he may have cast in the exercise of his office.

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ENCYCLOPEDIA OF THE PHILIPPINES ART. 46. No member of an Assembly shall be prosecuted in a criminal proceeding without previous authorization of the same or of the permanent commission, to whom shall immediately be given information of the act for proper disposition.

The arrest, detention, or apprehension of a member of the Assembly shall not take place without previous authorization of the same or of the permanent commission; but the As-sembly having once been notified of the decree of arrest, it shall incur responsibility if, within two days following the notification, it does not authorize the arrest or gives reasons upon which its refusal is founded.

ART. 47. The national Assembly shall have, besides, the following powers: 1. To frame regulations for its interior government.

2. To examine the legality of the elections and the legal qualifications of the members elected.

3. Upon its organization to appoint its President, Vice-President, and Secretaries.

While the Assembly has not been dissolved, its President, Vice-President, and Secretaries shall continue exercising their offices during the four legislatures; and 4. To accept the resignations presented by its members, and grant leaves of absence subject to the regulations.

ART. 48. No project shall become a law before being voted upon by the Assembly.

In order to pass the laws there shall be required in the Assembly at least a fourth part of the total number of members, whose elections may have been approved and who may have taken the oath of office.

ART. 49. No bill shall be approved by the Assembly without having been voted upon as a whole, and article by article.

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GOVERNMENT AND POLITICS ART. 50. The Assembly shall have the right of censure and each one of its members the right to be heard.

ART. 51. The introduction of laws belongs to the President of the Republic and to the Assembly.

ART. 52. A Repres'e ntative of the Assembly who accepts from the government a pension, employment, or commission with a salary, shall be understood to have renounced his office.

The employment of the secretary of the government of the Republic and other offices prescribed in special laws are excepted from this provision.

ART. 53. The office of Representative shall be for a term of four years, and those who may exercise it have the right, by way of indemnity, according to the circumstances, to a sum determined by the law.

Those who may absent themselves during the whole legislature shall not be entitled to this indemnity, but will recover this right if they assist in those which follow.

TITLE VI

The Permanent Commission ART. 54. The Assembly, before the closing of its sessions, shall elect seven of its members in order to constitute a permanent commission during the period of its being closed, the latter being obliged in its first session to designate a president and secretary.

ART. 55. The following are the functions of the permanent commission in the absence of the Assembly.

1. To declare whether or not there is sufficient reason to proceed against the President of the Republic, the Representatives, Secretaries of the Government, President of the Supreme Court of Justice, and the Solicitor-General in the cases provided by this Constitution.

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ENCYCLOPEDIA OF THE PHILIPPINES 2. To convoke the Assembly to an extraordinary meeting in those cases in which it should constitute a tribunal of justice.

3. To transact the business which may remain pending for consideration.

4. To convoke the Assembly to extraordinary session when the exigency of the case may demand; and 5. To substitute the Assembly in its functions in accordance with the Constitution, exception being made of the right to make and pass the laws.

The permanent commission shall meet whenever it may be convoked by him who presides in accordance with this Constitution.

TITLE VII

The Executive Power ART. 56. The executive power shall reside in the President of the Republic, who exercises it through his Secretaries.

ART. 57. The conduct of the interests peculiar to the towns, the provinces, and of the State corresponds respectively to the municipal assemblies, to the provincial assemblies, and to the active administration, with reference to laws, and upon the basis of the most ample "decentra~ lizacion" (distribution) and administrative autonomy.

TITLE VIII

The President of the Republic ART. 58. The President of the Republic shall be elected by an absolute majority of votes by the Assembly and the Representatives s.pecially met in constitutive chamber.

His term of office shall be for four years and he shall be reeligible.

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GOVERNMENT AND POLITICS ART. 59. The President of the Republic shall have the proposal of the laws as well as the members of the Assembly, and shall promulgate the laws when they have been passed and approved by the latter and shall watch over and insure their execution.

ART. 60. The power of causing the laws to be executed extends itself to all that which conduces the conservation of public order in the interior and the international security.

ART. 61. The President of the Republic shall promulgate the laws within twenty days following the time when they have been transmitted by the Assembly definitelyapproved.

ART. 62. If within this time they shall not have been promulgated, it shall devolve upon the President to return them to the Assembly with justification of the causes of their detention, proceeding in such case to their revision, and it shall not be considered that it insists upon them if it does not repass them by a vote of at least two-thirds of the members of the Assembly present. Repassing the law in the form indicated the Government shall promulgate it within ten days, causing its nonconfo.rmity to appear therein.

In the same manner "the Government shall become obligated if it allows to pass the term of twenty days without returning the law to the Assembly.

ART. 63. When the promulgation of a law may have been declared urgent by a vote expressed by an absolute majority of the votes of the Assembly the President can call upon them by a message, stating his reasons for a new deliberation, which can not be denied, and the same law being approved anew, shall be promUlgated within the legal term, without prej udice to the President's announcing his nonconformity.

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ENCYCLOPEDIA OF THE PHILIPPINES ART. 64. The promulgation of the laws shall take place by means of their publication in the official periodical of the Republic and shall take effect after thirty days from the date of publication.

ART. 65. The President of the Republic shall have command of the army and navy, making and ratifying treaties of peace, with the previous concurrence of the Assembly.

ART. 66. Treaties of peace shall not be binding until passed by the Assembly.

ART. 67. In addition to the necessary powers for the execution of the laws, the President of the Republic shall have the following: 1. 'TIo confer civil an.d military !employment with reference to the laws.

2. To appoint the Secretaries of the Government.

3. To direct diplomatic and commercial relations with foreign powers.

4. To see to it that speedy and complete justice is administered in the entire territory.

5. To pardon ' offenders in accordance with the laws, excepting the provision relative to the Secretaries of the Government.

6. To preside over national Assemblies and to receive the envoys and representatives of the foreign powers accredited to him.

ART. 68. The President of the Republic shall need the authority of a special law: 1. In order to alienate, cede, or exchange any part of the Philippine territory.

2. In order to annex any other territory to that of the Philippines.

3. In order to admit foreign troops into Philippine territory.

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GOVERNMENT AND POLITICS 4. In order to ratify treaties of alliance, offensive and defensive; special trea.ties of commerce-those which stipulate to give subsidy to a foreign power-and all those which may bind individually the Filipinos.

In no case shall the secret articles of a treaty nullify those which are public.

5. In order to grant amnesties and general pardons.

6. In order to coin money.

ART. 69. The President of the Republic has the power to make regulations for the compliance and application of the laws in accordance with the requis.ites which the same prescribe.

ART. 70. The President of the Republic may, with the previous concurrence of a majority vote of the Representatives, dissolve the Assembly before the expiration of its legal term.

In this case they shall be convoked for new elections within a term of three months.

ART. 71. The President of the Republic shall only be respons.ible in cases of high treason.

ART. 72. The compensation of the President of the Republic shall be fixed by a special law, which can not be changed until the end of the presidential term of office.

TITLE IX

The Secretaries of the Government ART. 73. The Council of the Government shall be composed of a President and seven Secretaries, who shall have charge of the offices of Foreign Affairs, Interior, Treasury, Army and Navy, Public Instruction, Public Communications and Works, Agriculture, Industry, and Commerce.

83

ENCYCLOPEDIA OF THE PHILIPPINES ART. 74. All that which the President may order or provide in the exercise of his authority shall be signed by the Secretary to whom it belongs. No public functionary shall comply with any order lacking this requisite.

ART. 75. The Secretaries of the Government are responsible jointly to the Assembly for the general policy of the Government and individually for their personal acts.

The Solicitor-General of the nation shall prosecute and the Assembly shall judge them.

The laws shall determine the cases. of responsibility of the Secretaries of the Government, the penalties to which they are subject, and the mode of procedure against them.

ART. 76. If they should be convicted by the Assembly, their pardon needs the previous petition of an absolute majority of the Representatives.

TITLE X

The Judicial Power ART. 77. To the courts shall belong exclusively the power of applying the laws in civil and criminal cases in the name of the nation.

The same Code shall govern in the entire Republic without prejudice to certain modifications which for particular circumstances the laws may prescribe.

In them shall not be established more than one jurisdiction for all the citizens in ordinary trials, civil and criminal.

ART. 78. The courts shall not apply the general and municipal regulations except in so far as they conform with the laws.

ART. 79. The exercise of the judicial power resides in ,the Supreme Court of Justice and in the tribunals which are prescribed by the laws.

Their composition, organization, and other attributes shall be governed by the organic laws.

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GOVERNMENT AND POLITICS ART. 80. The President of the Supreme Court of Justice and the Solicitor-General shall be appointed by the national Assembly in concurrence with the President of the Republic and Secretaries of the Government, and shall be absolutely independent from executive and legislative departments.

ART. 81. Any citizen may ins,titute a public prosecution against all the members of the Judicial Department for the crimes they may commit in the exercise of their office.

TITLE XI

Provincial and Municipal Assemblies ART. 82. The organization and 'p owers of the provincial and municipial assemblies will be regulated by their respective laws.

The latter shall pe regulated according to the following principles: 1. Government and management of the private interests of the provinces or towns, by their respective corporations, the principle of popular and direct election being the basis for the organization of said corporations.

2. Publicity of their sessions within the limits prescribed by law.

S. Publications of the budgets, accounts, and important ordinances.

4. Intervention of the Government, and in the proper case by the national Assembly in order to prevent the provincial and municipal corporations from exceeding their powers, to the prejudice of general and individual interests.

5. Determination in their powers in matter of taxes, in order that the provincial and municipal taxation may never be antagonistic to the system of taxation of the State.

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ENCYCLOPEDIA OF THE PHILIPPINES TITLE XII

The Administration of State ART. 83. The Government shall present yearly to the Assembly budgets of income and expenses, setting forth the alterations made in those of the preceding year and inclosing the balance of the last fiscal year in accordance to law.

When the Assembly may meet the budgets shall be presented to it within ten days following its first meeting.

ART. 84. No payment shall be made except in accordance with the Appropriation Law or other special laws, in the form and under the responsibilities fixed thereby.

ART. 85. It is necessary that the Government be authorized by law in order to dispose of the goods and properties of the State or to secure a loan upon the credit of the nation.

ART. 86. The .public debt which is contracted by the Government of the Republic in accordance with this Constitution shall be under the special guaranty of the nation.

No indebtedness shall be created unless at the same time the resources with which to pay it are voted.

ART. 87. All the laws relating to incomes, public expenditures, or public credit shall be considered as a part of those of the budgets, and shall be published as such.

ART. 88. The Assembly shall fix each year, at the recommendation of the President of the Republic, the military forces of land and sea.

TITLE XIII

Amendments to the

Constit'/,~tion

ART. 89. The Assembly, upon its own motion or at the proposal of the President of the Republic, may resolve to amend the Constitution, prescribing for that purpose_ the article or articles which should be modified.

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GOVERNMENT AND POLITICS ART. 90. The declaration made, the President of the Republic shall dissolve the Assembly and convene the constituent assembly which shall meet within three months following. In the notice of convocation shall be inserted the resolution referred to in the preceding article.

TITLE XIV

The Observance and Oath of the Constitution and the Languages ART. 91. The President of the Republic, the Government, the Assembly, and all the Filipino citizens, shall faithfully keep the Constitution; and the legislative power, immediately after the approval of the Appropriation Law shall examine if the Constitution has been exactly observed and infractions have been corrected, providing that which is most practicable in order that the responsibility of the transgressors may be made effective.

ART. 92. Neither the President of the Republic nor any other public functionary shall enter upon the performance of his duty without previously taking the oath.

Such oath shall be taken by the President of the Republic before the national Assembly.

All other officials of the nation shall take it before the authorities determined by law.

ART. 93. The use of the languages spoken in the Philippines is optional. It can only be regulated by the law, and solely as to the acts of public authority and judicial affairs. For the purpose of those acts shall be used at present the Spanish language.

TRANSITORY PROVISIONS

ART. 94. In the meantime and without prejudice to the 48th article and the commissions which may have been appointed by the Assembly for the preparation of the organic laws, the development and application of the rights 87

ENCYCLOPEDIA OF THE PHILIPPINES granted the Filipino citizens, and for the regime of the public powers determined by the Constitution, the laws in force in these Islands before their emancipation shall be considered as the laws of the Republic.

In like manner shall be considered in force: the provisions of the Civil Code in respect to marriage and civil registry, suspended by the Governor General of the Islands; the Instructions of the 26th of April, 1888, in order to carry in~o effect Articles 77, 78, 79 and 82 of said Code; the Law of Civil Registry of the 17th of June, 1870, referred to

by Article 332 of the same, and the regulations of the 13th of December, 1870, for the execution of this law, without prejudice to the local chiefs continuing in charge of the entries in the civil registry and intervening in the celebration of the marriage of Catholics.

ART. 95. Pending the approval and enforcement of the laws referred to in the preceding article the provisions of the Spanish laws provisionally made effective by said article may be modified by special laws.

ART. 96. After promulgating the laws which the Assembly may approve in accordance with the 94th article, the Government of the Republic is auth9rized to issue the decrees and regulations necessary for the immediate formation of all the organizations of the State.

ART. 97. The President of the Revolutionary Government shall at once assume the title of President of the Republic, and shall exercise said office until the constituent assembly meets and elects the person who is to fill said ' office definitely.

ART. 98. This Congress, with the members who compose it, and those who may be returned by election or decree, shall continue four years-that is to say, the whole of the present legislature, beginning the 15th of April of next year.

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GOVERNMENT AND POLITICS ART. 99. Notwithstanding the general rule established in the 2nd paragraph of the 4th article, during the time the country may have to struggle for its independence, the Government is hereby authorized to determine, at the close of Congress, whateveF questions and difficulties, not provided for by law, may arise from unforseen events, by means (If decrees, which may be communicated to the permanent commission and to the Assembly on its first meeting.

ART. 100. The execution of the 5th article of title 3 is hereby suspended until the meeting of the constituent assembly.

In the meantime, the municipalities of those places which may require the spiritual services of a Filipino priest shall provide for his maintenance.

ART. 101. Notwithstanding the provisions of Arts. 62 and 63, the laws returned by the President of the Republic to Congress shall Il,ot be repassed until the legislature of the following year, the President and his Council of Government being responsible for the suspension. Having repassed according to these conditions, its promulgation becomes obligatory within ten days, the President stating his nonconformity thereto.

If it should be repassed in subsequent legislatures, it will be considered as being voted for the first time.

Additional Article. From the 24th of May last, on which date the dictatorial government was organized in Cavite, all the buildings, properties, and other belongings possessed by the religious corporations in these Islands shall be understood as restored to the Filipino Government.

Barasoain, January 20, 1899.

The Secretaries: PABLO TECSON PABLO OCAMPO

The President of the Congress PEDRO A. PATERNO

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President William McKinley路 s Instructions to the Second Philippine Commission WAR DEPARTMENT, Washington, April 7, 1900.

SIR: I transmit to you herewith the instructions of the President for the guidance of yourself and your associates as Commissioners to the Philippine Islands.

Very respectfully, (Sgd.) ELIHU ROOT, Secretary of War Hon. WILLIAM. H. TAFT, President, Boar.d of Commissioners to the Philippine Islands EXECUTIVE MANSION, April 7, 1900 SIR: In the message transmitted to the Congress on the 5th of December, 1899, I said, speaking of the Philippine Islands: "As long as the insurrection continues the military arm must necessarily be supreme. But there is no reason why steps should not be taken from time to time to inaugurate governments essentially popular in their form as fast as territory is held and controlled by our troops. To this end I am considering the advisability of the return of the Commission, or such of the members thereof as can be secured, to aid the existing authorities and facilitate this work throughout the Islands."

To give effect to the intention thus expressed, I have appointed Hon. William H. Taft, of Ohio; Prof. Dean C. Worcester, of Michigan; Hon. Luke E. Wright, of Ten90

GOVERNMENT AND POLITICS nessee; Hon. Henry C. Ide, of Vermont; and Prof. Bernard Moses, of California, Commissioners to the Philippine Islands, to continue and perfect the work of organizing and establishing civil government already commenced by the military authorities, subject in all respects to any laws which Congress, may hereafter enact.

The Commissioners named will meet and act as a board, and the Hon. William H. Taft is designated as President of the Board. It is probable that the transfer of authority from military commanders to civil officers will be gradual and will occupy a considerable period. Its successful accomplishment and the maintenance of peace and order in the meantime will require the most perfect cooperation between the civil and military authorities in the Islands, and both should be directed during the transition period by the same executive department. The commission will therefore report to the Secret ary of War, and all their actions will be subject to your approval and control.

You will instruct the Commission to proceed to the city of Manila, where they will make their principal office, and to communicate with the Military Governor of the Philippine Islands, whom you will at the same time direct to render to them every assistance within his power in the performance of their duties. Without hampering them by too specific instructions, they should, in general, be enjoined, after making themselves familiar with the conditions and needs of the country, to devote their attention in the first instance to the establishment of municipal governments in which the natives of the Islands, both in the cities and in the rural communities, shall be afforded the opportunity to manage their own local affairs to the fullest extent of which they are capable, and subject to the least degree of supervision and control which ,a careful study of their capacities. and observation of the 91

ENCYCLOPEDIA OF THE PHILIPPINES workings of native control show to be consistent with the maintenance of law, order, and loyalty. The next subject in order of importance should be the organization of government in the larger administrative divisions, corresponding to counties, departments, or provinces, in which the common interests of many or several municipalities falling within the same tribal lines, or the same natural geographical limits, may best be subserved by a common administration. Whenever the Commission is of the opinion that the condition of affairs in the Islands is such that the central administration may safely be transferred from military to civil control, they will report that conclusion to you, with their recommendations as to the form of central government to be established for the purpose of taking over the control.

Beginning with the 1st day of September, 1900, the authority to exercise, 's ubject to my approval, through the Secretary of War, that part of the power of government in the Philippine Islands which is of a legislative nature is to be transferred from the Military Governor of the Islands to this Commission, to be thereafter exercised by them ~n the place and stead of the Military Governor, under such rules and regulations as you shall prescribe, until the establishment of the civil cen'tral government for the Islands contemplated in the last foregoing paragraph, or until Congress shall otherwise provide. Exercise of this legislative authority will include the making of rules and orders, having the effect of law, for the raising of revenue by taxes, customs duties, and imposts; the appropriation and expenditure of public funds of the Islands; the establishment of an educational system throughout the Islands; the establishment of a system to secure ~n efficient civil service; the organization and establishment of courts; the organization and establishment of municipal and departmental governments, and all other matters of a civil nature 92

GOVERNMENT AND POLITICS for which the Military Governor is now competent to provide by rules or orders of a legislative character.

The Commission will also have power, during the same period, to appoint to office such officers under the judicial, educational, and civil-service systems, and in the municipal and departmental governments, as shall be provided for.

Until the complete transfer of control the Military Governor will remain the chief executive head of the government of the Islands, and will exercise the executive authority now possessed by him and not herein expressly assigned to the Commission, subject, however, to the rules and orders enacted by the Commission in the exercise of the legislative powers conferred upon them. In the meantime the municipal and departmental govermnents wjll continue to report to the Military Governor, and be subject to his . administrative supervision and control, under your direction, but that supervi'sion and control will be confined within the narrowest limits consistent with the requirement that the powers of government in the municipalities and departments shall be honestly and effectively exercised, and that law and order and individual freedom shall be maintained.

All legislative rules and orders, establishments of government, and appointments to office by the Commission will take effect immediately, or at such times. as they shall designate, subject to your approval and action upon the coming in of the Commission's reports, which are to be made from time to time as their action is taken. Whenever civil governments are constituted under the direction of the Commission, such military posts, garrisons, and forces will be continued for the suppression of insurrection and brigandage and the maintenance of law and order, as the military commander shall deem requisite, and the Military forces shall be at all times subject under his orders to the call of civil authorities for the maintenance of law and order and the enforcement of their authority. In the 93

ENCYCLOPEDIA OF THE PHILIPPINES establishment of municipal governments the Commis's.ion will take as the basis of their work the governments established by the Military Governor under his order of August 8, 1899, and under the report of the board constituted by the Military Governor by his order of January 29, 1900, to formulate and report a plan of municipal government, of which his honor Cayetano Arellano, president of the Audiencia, was chairman, and they will give to the conclusion of that board the weight and consideration which the 路h igh character and distinguished abilities. of its members justify. In the constitution of department or provincial governments they will give especial attention to the existing government of the Island of N egros, constituted with the approval of the people of that island, under the order of the Military Governor of July 22, 1899, and after verifying, so far 'as may be practicable, the reports of the successful working of that government, they will be guided by the experience thus acquired, so far as. it may be applicable to the conditions. existing in other portions of the Philippines. They will avail themselves, to the fullest degree practicable, of the conclusions reached by the previous Commission to the Philippines.

In the distribution of powers among the governments organized by the Commission, the presumption is always to be in favor of the smaller subdivision, so that all the powers which can properly be exercised by the municipal government shall be vested in that government, and all the powers of a more general character which can be exercised by the departmental government shall be vested in that government, and so that in the governmental system which is the result of the process, the Central Government of the Islands, following the example of the distribution of the powers between the States and the National Government of the United States, shall have no direct administration except of matters of purely general concern, and shall have 94

GOVERNMENT AND POLITICS only such supervision 路 and control over local governments as may be necessary to secure and enforce faithful and efficient administration by local officers.

The many different degrees of civilization and varieties of custom and capacity among the people of the different islands preclude very definite instruction as to the part which the people shall take in the selection of their own officers, but these general rules are to be observed: That in all cases the municipal officers who administer the local affairs of the people are to be selected by the people, and that wherever officers of more extended j uris diction are to be selected in any way natives of the Islands are to be preferred, and if they can be found competent and willing to perform the duties, they are to receive the offices in preference to any others. It will be necessary to fill some offices for the present with Americans, which, after a time, may well be filled by natives of the Islands.

As soon as practicable a system for ascertaining the merit and fitness of candidates for civil offices should be put in force. An indi'spensable qualification for all offices and positions of trust and authority in the Islands must be absolute and unconditional loyalty to the United States, and absolute and unhampered authority and power to remove and punish any officer deviating from that standard must at all times be retained in the hands of the central authority of the Islands.

In all the forms of government and administrative provisions which they are authorized to prescribe, the Commi'ssion should bear in mind that the government which they are establishing is designed not for our satisfaction or for the expression of our theoretical views, but for the happiness, peace, and prosperity of the people of the Philippine Islands, and the measures adopted should be made to conform to their custom~ their habits, and even their prejudices, to the fullest extent consistent with the ac95

ENCYCLOPEDIA OF THE PHILIPPINES complishment of the indispensable requisites of just and effective government. At the same time the Commission should bear in mind, and the people of the Islands should be made plainly to understand, that there are certain great principles of government which have been made the basis of our governmental system, which we deem essential to the rule of law and the maintenance of individual freedom, and of which they have unfortunately, been denied the experience possessed by us; that there are also certain practical rules of government which we have found to be essential to the preservation of these great principles of liberty and law, and that these principles and these rules of government must be established and maintained in their Islands for the sake of t'heir liberty and happiness, however much they may conflict with the customs or laws of procedure with which they; are familiar. It is evident that the most enlightened thought of the Philippine Islands fully appreciates the importance of these principles and rules, and they will inevitably within a short time command universal assent. Upon every division and branch of the Government of the Philippines, therefore, must be imposed these inviolable rules: That no person shall be deprived of life, liberty, or property without due process of law; that private property shall not be taken for public use without just compensation; that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense; that excessive bail shan not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted; that no person shall be put twice in jeopardy for the same offense or be compelled in any criminal case to be a witneS's against him96

GOVERNMENT AND POLITICS self; that the right to be secure against unreasonable searches and seizures shall not be violated; that neither slavery nor involuntary servitude shall exist except as a punishment for crime; that no bill of attainder or ex post facto law shall be passed; that no law shall be passed abridging the freedom of speech or of the press or of the rights of the people to peaceably assemble and petition the Government for a redress of grievances; that no law shall be made respecting an establishment of religion or prohibiting the free exercise thereof, and that the free exercise and enjoyment of religious profession and worship without discrimination or preference shall forever be allowed.

It will be the duty of the Commission to make a thorough investigation into the titles of the)arge tracts of land held or claimed by individuals or by religious orders; into the justice of the claims and complaints made against such landholders by the people of the Islands, or any part of the people, and to's,eek by wise and peaceable measures a just settlement of the controversies and redress of the wrongs which have caused strife and bloodshed in the past. In the performance of this duty the Commission is enjoined to see that no injustice is done; to have regard for substantial right and ,equity, disregarding technicalities '5;0 far as substantial right permits, and to observe the following rules: That the provision of the treaty of Paris pledging the United States to the protection of all rights of property in the Islands, and as well the principle of our own Government which prohibits the taking of private property without due process of law, shall not be violated; that the welfare of the people of the Islands, which should be a paramount consideration, shall be attained consistently with this rule of property right; that if it becomes necessary for the public interest of the people of the Islands to dispose of claims to property which the Commission finds to be not lawfully acquired and held, disposition shall be made 97

ENCYCLOPEDIA OF THE PHILIPPINES thereof by due legal procedure, in which there shall be full opportunity for fair and impartial hearing and judgment; that if the same public interest require the extinguishment of property rights lawfully acquired and held, due compensation shall be made out of the public treasury therefor; that no form of religion and no minister of religion shall be forced upon any community or upon any citizen of the Islands.; that, upon the other hand, no minister of religion shall be interfered with or molested in following his calling, and that the separation between state and church shall be real, entire, and absolute.

It will be the duty of the Commission to promote and extend and, as they find occasion, to improve the system of education already inaugurated by the military authorities. In doing this theY' should regard as of first importance the extension of a system of primary education which shall be free to all, and which shall tend to fit the people for the duties of citizenship and for the ordinary avocations of a civilized community. This instruction should be given, in the first instance, in every part of the Islands in the language of the people. In view of the great number of languages spoken by the different tribes, it is especially important to the prosperity of the Islands that a common medium of communication may be established, and it is obviously desirable that this medium should be the English language. Especial attention should be at once given to affording full opportunity to all the people of the Islands to acquire the use of the English language.

It may well be that the main changes which should be made in the system of taxation and in the body of the laws under which the people are governed, except such changes as have already been made by the military government, should be relegated to the Civil Government which is to be established under the auspices of the Commission.

It will, however, be-the duty of the Commission to inquire 98

GOVERNMENT AND POLITICS diligently ' as to whether there are any further changes which ought not to be delayed, and, if so, they are authorized to make such changes, subject to your approval. In doing so they are to bear in mind that taxes which tend to penalize or repress industry and enterprise are to be avoided; that provisions for taxation should be simple, so that they may be understood by the people; that they should affect the fewest practicable subjects of taxation which will serve for the general distribution of the burden. The main body of the laws which regulate the rights and obligations of the people should be maintained with as little interference as possible. Changes made should be mainly in procedure and in the criminal laws to secure speedy and impartial trials, and at the same tim~. effective admini's tration and respect for individual rights.

In dealing with the uncivilized tribes of the Islands, the Commission should adopt the same course followed by Congress in permitting the tribes of our North American Indians to maintain their tribal organization and government, and under which many of those tribes are now living in peace and contentment, surrounded by a civilization to which they are unable or unwilling to conform.

Such tribal governments should, however, be subjected to wise and firm regulation; and, without undue or petty interference, constant and active effort should be exercised to prevent barbarous practices and introduce civilized customs.

Upon all officers and employees of the United States, both civil and military, should be impressed a sense of the duty to observe not merely the material but the personal and social rights of the people of the Islands, and to treat them with the same courtesy and respect for their personal dignity which the people of the United States are accustomed to require from each other.

ENCYCLOPEDIA OF THE PHILIPPINES The articles of capitulation of the city of Manila on the 13th of August, 1898, concluded with these words: "This city, its inhabitants, its churches and religious worship, its educational establishments, and its private property of all descriptions are placed under the special safeguard of the faith and honor of the American Army."

I believe that this pledge has been faithfully kept.

As high and sacred an obligation rests upon the Government of the United States to give protection for property and life, civil and religious freedom, and wise, firm, and unselfish guidance in the paths of peace and prosperity to all the people of the Philippine I'slands. I charge this Commission to labor for the full performance of this obligation, which concerns the honor and conscience of their country, in the firm hope that through their labors all the inhabitants of the Philippine Islands may come to look back with gratitude to the day when God gave victory to American arms at Manila, and set their land under the sovereignty and protection of the people of the United States.

WILLIAM McKINLEY

The SECRETARY OF WAR, Washington, D.C.

100

Organic Laws THE PHILIPPINE BILL AS AMENDED* [An act temporarily to provide for the administration of the affairs of civil government in the Philippine Islands, and for other purposes.]

Be it enacted by the Senate 'and House of Representatives of the United States of America in Congress a8'sembled, That the action of the President of the United States in creating the Philippine Commission and authorizing said Commission to exercise the powers of government to the extent and in the manner and form and subject to the regulation and control set forth in the Instructions of the President to the Philippine Commission, dated April seventh, nineteen hundred, and in creating the offices of Civil Governor and Vice-Governor of the Philippine Islands, and authorizing sa~d Civil Governor and Vice-Governor to exercise the powers of government to the extent and in the manner and form set forth in the Executive order 路 dated June twenty-first, nineteen hundred and one, and in establishing four Executive Departments of government in said Islands as set forth in the Act of the Philippine Commission, entitled "An Act Providing an Organization for the Departments of the Interior, of Commerce and Police, of Finance and Justice, and of Public Instruction," enacted September sixth, nineteen hundred and one, is hereby approved, ratified, and confirmed, and until otherwise provided by law the said Islands shall continue to be governed as thereby and herein provided, and all laws passed here-

* Annotated by Associate Justice George A. Malcolm from his The Comtitutional Law of the Philippine Islands, and printed with the permission of the author.

Act of July 1, 1902, chap. 1369, 32 Stat. at L. 691, Compo Stat. sec. 3804, 7 Fed. Stat. Anno. 2d ed. p. 1133; 1 P. L. 1056. This Act is variably known as "Lodge Act," the "Philippine Organic Act," the "Philippine Government Act," and the "Philippine Bill."

101

ENCYCLOPEDIA OF THE PHILIPPINES after by the Philippine Commission shall have an enacting clause as follows: "By authority of the United States, be it enacted by the Philippine Commission." The provisions of section eighteen hundred and ninety-one of the Revised Statutes of eighteen hundred and seventy-eight shall not apply to the Philippine Islands.

Future appointments of Civil Governor, Vice-Governor, members of said Commission and heads of Executive Departments shall be made by the President, by and with the advice and consent of the Senate. 1 SEC. 2. That the action of the President of the United States heretofore taken by virtue of the authority vested in him as Commander in Chief of the Army and Navy, as set forth in his order of July twelfth, eighteen hundred and ninety-eight, whereby a tariff of duties and taxes as set forth by said order was to be levied and collected at all ports and places in the Philippine Islands upon passing into the occupation and possession of the forces of the United States, together with the subsequent amendments of said order, are hereby approved, ratified, and confirmed, and the actions of the authorities of the Government of the Philippine Islands, taken in accordance with the provisions of said order and subsequent amendments, are hereby approved: Provided, That nothing contained in this section shall be held to amend or repeal an Act entitled "An Act 1 R. S. sec. 1891, Compo Stat. sec. 3522, 9 Fed. Stat. Anno. 2d ed. p. 554, above mentioned, makes the Constitution and laws of the United States applicable to all the territories.

The Act of May 11, 1908, chap. 164, 35 Stat. at L. 125, 7 Fed. Stat. Anno. 2d ed. p. 1154, authorized the appointment of an additional member of the Philippine Commission, and the creation of a new executive department.

The Act of Feb. 6, 1905, chap. 453, sec. 8, 33 Stat. at L. 692, 7 Fed. Stat. Anno. 2d ed. p. 1153, provided that the Civil Governor of the Philippine Islands should be known as the Governor General.

102

GOVERNMENT AND POLITICS Temporarily to Provide Revenue for the Philippine Islands, and for Other Purposes," approved March eighth, nineteen hundred and two. 1 SEC. 3. That the President of the United States, during such time as and whenever the sovereignty and authority of the United States encounter armed resistance in the Philippine Islands, until otherwise provided by Congress, shall continue to regulate and control commercial intercourse with and within said Islands by such general rules and regulations as he, in his discretion, may deem most conducive to the public interest and the general welfare.

SEC. 4. That all inhabitants of the Philippine Islands continuing to reside therein who were Spanish subjects on the eleventh day of April, eighteen hundred and ninetynine, and then resided in said Islands~ and their children born subsequent thereto, shall be deemed and held to be citizens of the Philippine Islands and as such entitled to the protection of the United States, except such as shall have elected to preserve their allegiance to the Crown of Spain in accordance with the provisions of the treaty of peace between the United States and Spain signed at Paris, December tenth, eighteen hundred and ninety-eight: Provided That the Philippine legislature is hereby authorized to provide by law for the acquisition of Philippine citizenship by those natives of the Philippine Islands who do not come within the foregoing provisions, the natives of other insular possessions of the United States, and such other persons residing in the Philippine Islands who could become citizens of the United States under the laws of the United States if residing therein. 2 1 This section, as well as the Act of March 8, 1902, chap. 140, 32 Stat. at L. 54, mentioned therein, was superseded by the Act of Aug. 5, 1909, chap. 6, sec. 5, 36 Stat. at L. 83, which was supperseded by the provisions of the Underwood Act. 2 As ~mended by the Act of March 23, 1912, chap. 65, 37 Stat. at L. 77, 7 Fed. Stat. Anno. 2d ed. p. 1139, the amendment consisting in the addition of the proviso at the end of the section.

103

ENCYCLOPEDIA OF THE PHILIPPINES . SEC. 5. That no law shall be enacted in said Islands which shall deprive any person of life, liberty, or property without due process of law, or deny to any person therein the equal protection of the laws.

That in all criminal prosecutions the accused shall enjoy the right to be heard by himself and counsel, to demand the nature and cause of the accusation against him, to have a speedy and public trial, to meet the witnesses face to face, and to have compulsory process to compel the attendance of witnesses in his behalf.

That no person shall be held to answer for a criminal offense without due process of law; and no person for the same offense shall be twice put in jeopardy of punishment, nor shall be compelled in any criminal case to be a witness against himself.

That all persons shall before conviction be bailable by sufficient suret\es, except for capital offenses.

That no law impairing the obligation of contracts shall b~ enacted.

That no person shall be imprisoned for debt.

That the privilege of the writ of h:abeas corpus shall not be suspended, unless when in cases of rebellion, insurrection, or invasion the public safety may require it, in either of which events the same may be suspended by the President, or by the Governor, with the approval of the Philippine Commission, wherever during such period the necessity for such suspension shall exist.

That no ex post facto law or bill of .a ttainder shall be enacted.

That no law granting a title of nobility shall be enacted, and no person holding any office of profit or trust in said Islands, shall, without the consent of the Congress of the United States, accept any present, emolument, office, or title of any kind whatever from any king, queen, prince, or foreign State.

104

GOVERNMENT AND POLITICS That excessive bail shall not be required nor excessive fines imposed, nor cruel and unusual punishment inflicted.

That the right to be secure against unreasonable searches and seizures shall not be violated.

That neither slavery, nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist in said Islands.

That no law shall be passed abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and petition the Government for redress of grievances.

That no law shall be made respecting an establishment of religion or prohibiting the f.ree exercise thereof, and that the free exercise and enj oyment of religious profession and worship, without discrimination or preference, shall forever be allowed.

That no money 'shall be paid out of the Treasury except in pursuance of an appropriation by law.

That the rule of taxation in said Islands shall be uniform.

That no private or local bill which may be enacted into law shall embrace more than one subject, and that subject shall be expressed in the title of the bill.

That no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or things to be seIzed.

That all money collected on any tax levied or assessed for a special purpose shall be treated as a special fund in the Treasury and paid out for such purpose only.

SEC. 6. That whenever the existing insurrection in the Philippine Islands shall have ceased and a condition of general and complete peace shall have been established therein and the fact shall be certified to the President by 105

ENCYCLOPEDIA OF THE PHILIPPINES the Philippine Commission, the President, upon being satisfied thereof, shall order a census of the Philippine Islands to be taken by said Philippine Commission; such census in its inquiries relating to the population shall take and make so far as practicable full report for all the inhabitants, of name, age, sex, race, or tribe, whether native or foreign born, literacy in Spanish, native dialect, or in English, school attendance, ownership of homes, industrial and social statistics, and such other information separately for each island, each province, and municipality, or other civil division, as the President and said Commission may deem necessary: Provided, That the President may, upon the request of said Commission, in his discretion, employ the service of the Census Bureau in compiling and promulgating the statistical information above provided for, and may commit to such Bureau any part or portion of such labor as to him may seem wise.

SEC. 7. That two years after the completion and publication of the census, in case such condition of general and complete peace with recognition of the authority of the United States shall have continued in the territory of said Islands not inhabited by Moros or other non-Christian tribes and such facts shall have been certified to the President by the Philippine Commission, the President upon being satisfied thereof shall direct said Commission to call, and the Commission shall call, a general election for the choice of delegates to a popular assembly of the people of said territory in the Philippine Islands, which shall be known as the Philippine Assembly. After said Assembly shall have convened and organized, ,all the legislative power heretofore conferred on the Philippine Commission in all that part of said Islands not inhabited by Moros or other non-Christian tribes shall be vested in a Legislature consisting of two Houses-the Philippine Commission and the Philippine Assembly. Said Assembly shall consist of not 106

GOVERNMENT AND POLITICS less than fifty nor more than one hundred members to be apportioned by said Commission .among the provinces as nearly as practicable according to population: Provided, That no province shall have less than one member: And provided further, That provinces entitled by population to more than one member may be divided into such convenient districts as the Commission may deem best.

Public notice of such division shall be given at least ninety days prior to such election, and the election shall be held under rules and regulations to be prescribed by law.

The qualification of electors in such election shall be the same as is now provided by law in case of electors in municipal elections. The members of Assembly shall hold office for two years from the first day of Ja~uary next following their election, and their successors shall be chosen by the people every second year thereafter. No person shall be eligible to such election who is not a qualified elector of the election district in which he may be chosen, owing allegiance to the United States, and twenty-five years of age.

The Legislature shall hold annual sessions, commencing on the first Monday of February in each year and continuing not exceeding ninety days thereafter (Sundays and holidays not included) and the first meeting of the Legislature shall be held upon the call of the Governor within ninety days after the first election: Provided, That the Philippine Legislature after its first meeting as herein provided may by law fix a date other than the first Monday of February in each year for the commencement of its annual sessions: And provided furthe'l", That if at the termination of any session the appropriations necessary for the support of Government shall not have been made, an amount equal to the sums appropriated in the last appropriation bills for such purposes shall be deemed to be appropriated; 107

ENCYCLOPEDIA OF THE PHILIPPINES and until the Legislature shall act in such behalf the Treasurer may, with the advice of the Governor, make the payments necessary for the purposes aforesaid.

The Legislature may be called in special session at any time by the Civil Governor for general legislation, or for action on such specific subj ects as he may designate.

No special session shall continue longer than thirty days, exclusive of Sundays.

The Assembly shall be the judge of the elections, returns, and qualifications of its members. A majority shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may be authorized to compel the attendance of absent members. It shall choose its Speaker and other officers, and the salaries of its members and officers shall be fixed by law. It may determine the rule of its proceedings, punish its members for disorderly behavior, and with the concurrence of two-thirds expel a member. It shall keep a journal of its proceedings, which shall be published, and the yeas and nays of the members on any question shall, on the demand of one-fifth of those present, be entered on the journal.1 SEC. 8. That at the same time with the first meeting of the Philippine Legislature, and biennially thereafter, there shall be chosen by said Legislature, each House voting separately, two Resident Commissioners to the United States, who shan be entitled to an official recognition as such by all departments upon presentation to the President of a certificate of election by the Civil Governor of said Islands, and each of whom shall be entitled to a salary payable monthly by the United States at the rate of five thousand dollars per annum, and two thousand dollars ad1 As amended by the Act of Feb. 27, 1909, chap. 227, 35 Stat. at L. 659, 7 Fed. Stat. Anno. 2d ed. p. 1144. The provisions of the second paragraph of the text prescribing the term of members of the asse~bly were superseded by the Act of Feb. 15, 1911, chap. 81, sec.

1, 3~ Stat. at L. 910, 7 Fed. Stat. Anno. 2d ed. p. 1155.

108

GOVERNMENT AND POLITICS ditional to cover , all expenses: Provided, That no person shall be eligible to such election who is not a qualified elector of said Islands, owing allegiance to the United States, and who is not thirty years of age. 1 SEC. 9. That the Supreme Court and the Courts of First Instance of the Philippine Islands shall possess and exercise jurisdiction as heretofore provided and such additional jurisdiction as shall hereafter be prescribed by the Government of said Islands, subj ect to the power of said Government to change the practice and method of procedure. The municipal courts of said Islands shall possess and exercise jurisdiction as heretofore provided by the Philippine Commission, subject in all matters to such alteration and amendment as may be hereafter enacted by law; and the Chief Justice and Associate Justices of the Supreme Court shall hereafter be appointed by the President, by and with the advice and consept of the Senate, and shall receive the compensation heretofore prescribed by the Commission until otherwise provided by Congress. The Judges of the Court of First Instance shall be appointed by the Civil Governor, by and with the advice and consent of the Philippine Commission: Provided, That the admiralty jurisdiction of the Supreme Court and Courts of First Instance shall not be changed except by Act of Congress.

SEC. 10. That the Supreme Court of the United States shall have jurisdiction to review, revise, reverse, modify, or affirm the final judgments and decrees of the Supreme Court of the Philippine Islands in all actions, cases, causes, and proceedings now pending therein or hereafter determined thereby in which the Constitution or any statute, treaty, title, right, or privilege of the United States is in-' volved, or in causes in which the value in controversy exceeds twenty-five thousand dollars, or in which the title or 1 This section was superseded by the Act of Feb. 15, 1911, chap.

81, 36 Stat. at L. 910, 7 Fed. Stat. Anno. 2d ed. p. 1156.

109

ENCYCLOPEDIA OF THE PHILIPPINES possession of real estate exceeding in value the sum of twenty-five thousand dollars, to be ascertained by the oath of either party or of other competent witnesses, is involved or brought in question; and such final judgments or decrees may and can be reviewed, revised, reversed, modified, or affirmed by said Supreme Court of the United States on appeal or writ of error by the party aggrieved, in the same manner, under the same regulations, and by the same procedure, as far as applicable, as the final judgments and decrees of the Circuit Courts of the United States. 1 SEC. 11. That the Government of the Philippine Islands is hereby authorized to provide for the needs of commerce by improving the harbors and navigable waters of said Islands and to construct and maintain in said navigable , waters and upon the shore adjacent thereto bonded warehouses, wharves, p'ers, lighthouses, signal and life-saving stations, buoys, and like instruments of commerce, and to adopt and enforce regulations in regard thereto, including bonded warehouses wherein articles not intended to be imported into said Islands nor mingled with the property therein, but brought into a port of said Islands for reshipment to another country, may be deposited in bond and reshipped to another country without the payment of customs duties or charges.

SEC. 12. That all the property and rights which may have been acquired in the Philippine Islands by the United States under the treaty of peace with Spain, signed December tenth, eighteen hundred and ninety-eight, except such land or other property as shall be designated by the President of the United States for military and other reservations of the Government of the United States, are hereby 1 Re-enacted in Judicial Code, sec. 248, 36 Stat. at L. 1158, chap.

231, Camp! Stat. sec. 1225a, 5 Fed. Stat. Anno. 2d ed. p. 907.

110

GOVERNMENT -AND POLITICS placed under the control of the Government of said Islands, to be administered for the benefit of the inhabitants thereof, except as provided in this Act. S~c. 13. That the Government of the Philippine Islands, subject to the provisions of this Act and except as herein provided, shall classify according to its agricultural character and productiveness, and shall immediately make rules and regulations for the lease, sale, or other disposition of the public lands other than timber or mineral lands, but such rules and regulations shall not go into effect or have the force of law until they have received the approval of the President, and when approved by the President they shall be submitted by him to Congress at the beginning of the next ensuing session thereof and unless disapproved or amended by Congress at said session they shall at the close of such period have the force and effect of law in the Philippine Islands: Provided, That a single homestead entry shall not exceed sixteen hectares in extent. 1 SEC. 14. That the Government of the Philippine Islands is hereby authorized and empowered to enact rules and regulations and to prescribe terms and conditions to enable persons to perfect their title to public lands in said Islands, who, prior to the transfer of sovereignty from Spain to the United States, had fulfilled all or some of the conditions required by the Spanish laws and royal decrees of the Kingdom of Spain for the acquisition of legal title thereto, yet failed to secure conveyance of title; and the Philippine Commission is authorized to issue patents, without compensation, to any native of said Islands, conveying title to any tract of land not more than sixteen hectares in extent, which were public lands and had been actually occupied by such native or his ancestors prior to and on the thirteenth of August, eighteen hundred and ninety-eight.

1

See sec. 9 of the Philippine Autonomy Act.

111

ENCYCLOPEDIA OF THE PHILIPPINES SEC. 15. That the Government of the Philippine Islands is hereby authorized and empowered, on such terms as it may prescribe, by general legislation, to provide for the granting or sale and conveyance to actual occupants and settlers and other citizens of said Islands such parts and portions of the public domain, other than timber and mineral lands, of the United States in said Islands as it may deem wise, not exceeding sixteen hectares to anyone person and for the sale and conveyance of not more than one thousand and twenty-four hectares to any corporation or association of persons: Provided, That the grant or sale of such lands, whether the purchase price be paid at once or in partial payments, shall be conditioned upon actual and continued occupancy, improvement, and cultivation of the premises sold for a period of not less than five years, during which time the purchaser or grantee can not alienate or encumber said land or the title thereto; but such restriction shall not apply to transfer of rights and title of inheritance under the laws for the distribution of the estates .of decedents.

SEC. 16. That in granting or selling any part of the public domain under the provisions of the last preceding section, preference in all cases shall be given to actual occupants and settlers ~ and such public lands of the United States in the actual possession or occupancy of any native of the Philippine Islands shall not be sold by said Government to any other person without the consent thereto of said prior occupant or settler first had and obtained: Provided, That the prior right hereby secured to an occupant of land, who can show no other proof of title than possession, shall not apply to more than sixteen hectares in any one tract.

SEC. 17. That timber, trees, forests, and forest products on lands leased or demised by the Government of the Philippine Islands under the provisions of this Act shall 112

GOVERNMENT AND POLITICS not be cut, destroyed, removed, or appropriated except by special permission of said Government and under such regulations as it may prescribe.

All moneys obtained from lease or sale of any portion of the public domain or from licenses to cut timber by the Government of the Philippine Islands shall be covered into the Insular Treasury and be subject only to appropriation for insular purposes according to law.

SEC. 18. That the forest laws and regulations now in force in the Philippine Islands, with such modifications and amendments as may be made by the Government of said Islands, are hereby continued in force, and no timber lands forming part of the public domain shall be sold, leased, or entered until the Government of said Islands, upon the certification of the Forestry Bureau that said lands are more valuable for agriculture than for forest uses, shall declare such lands so certified to be agricultural in character: Provided, That the said Government shall have the right and is hereby empowered to issue licenses to cut, harvest, or collect timber or other forest products on reserved or unreserved public lands in said Islands in accordance with the forest laws and regulations hereinbefore mentioned and under the provisions of this Act, and th~ said Government may lease land to any person or persons holding such licenses, sufficient for a mill site, not to exceed four hectares in extent, and may grant rights of way to enable such person or persons to get access to the lands to which such licenses apply.

SEC. 19. That the beneficial use shall be the basis, the measure, and the limit of all rights to water in said Islands, and the Government of said Islands is hereby authorized to make such rules and regulations' for the use of water, and to make such reservations of public lands 113,

ENCYCLOPEDIA OF THE PHILIPPINES for the protection of the water supply, and for other public purposes not in conflict with the provisions of this Act, as it may deem 'best for the public good.

MINERAL LANDS

.

SEC. 20. That in all cases public lands in the Philippine Islands valuable for minerals shall be reserved from sale, except as otherwise expressly directed by law.

SEC. 21. That all valuable mineral deposits in public lands in the Philippine Islands, both surveyed and unsurveyed, are hereby declared to be free and open to exploration, occupation, and purchase, and the land in which they are found to occupation and purchase, by citizens of the United States, or of said Islands: Provided, That when on any lands in said Islands entered and occupied as agricultural lands under the provisions of this Act, but not patented, mineral deposits have been found, the working of such mineral deposits is hereby forbidden until the person, association, or corporation who or which has entered and is occupying such lands shall have paid to the Government of said Islands such additional sum or sums as will make the total amount paid for the mineral claim or claims in which said deposits are located equal to the amount charged by the Government for the same as mineral claims.

SEC. 22. That mining claims upon land containing veins or lodes of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits, located after the passage of this Act, whether located by one or more persons qualified to locate the same under the preceding section, shall be located in the following manner and under the following conditions: Any person so qualified desiring to locate a mineral claim shall, subject to the provisions of this Act with respect to land which may be used for mining, enter upon the same and locate a plat of ground measuring, where possible, but not exceeding three 114

GOVERNMENT AND POLITICS hundred meters in length by three hundred meters in breadth, in as nearly as possible a rectangular form; that is to say: All angles shall be right angles, except in cases where a boundary line of a previously surveyed claim is adopted as common to both claims, but the lines need not necessarily be meridional. In defining the size of a mineral claim, it_shall be measured horizontally, irrespective of inequalities of the surface of the ground. 1 SEC. 23. That a mineral claim shall be marked by two posts, placed as nearly as possible on the line of the ledge or vein, and the posts shall be numbered one and two, and the distance between posts numbered one and two shall not exceed three hundred meters, the line between posts numbered one and two to be known as the location line; and upon posts numbered one and two shall be written the name given to the mineral claim, the name of the locator, and the date of the location. Upon post numbered one there shall be written, in addition to the foregoing, "Initial post," the approximate compass bearing of post numbered two, and a statement of the number of meters lying to the right and to the left of the line from post numbered one to post numbered two, thus: "Initial post. Direction of post numbered two __ meters of this claim lie on the right and __ meters on the left of the line from number one to number two post." All the particulars required to be put on number one and number two posts shall be furnished by the locator to the provincial secretary, or such other officer as by the Philippine Government may be described as mining recorder, in writing, at the time the claim is recorded, and shall form a part of the record of such claim. 2 1 As amended by the Act of Stat. at L. 692, Compo Stat. sec.

1159.

2 As amended by the Act of Stat. at L. 693, Compo Stat. sec.

1160.

Feb. 6, 1905, sec. 9, chap. 453, 33 3832, 7 Fed. Stat. Anno. 2d ed. p.

Feb. 6, 1905, chap 453, sec. 9, 33 3833, 7 Fed. Stat. Anno. 2d ed. p.

115

ENCYCLOPEDIA OF THE PHILIPPINES SEC. 24. That when a claim has been located the holder shall immediately mark the line between posts numbered one and two so that it can be distinctly seen. The locator shall also place a post at the point where he has found minerals in place, on which shall be written "Discovery post:" Provided, That when the claim IS surveyed the surveyor shall be guided by the records of the claim, the sketch plan on the back of the declaration made by the owner when the claim was recorded, posts numbered one and two, and the notice on number one, the initial post.t

Examples of various modeS' of layimg out claims 1

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SEC. 25. That it shall not be lawful to move number one post, but number two post may be moved by the deputy mineral surveyor when the distance between posts numbered one and two exceeds three hundred meters, in order to place number two post three hundred meters from number one post on the line of location. When the distance between posts numbered one and two is less than three hundred meters, the deputy mineral surveyor shall have no authority to extend the claim beyond number two. 2 1 As amended by the Act of Stat. at L. 693, Compo Stat. sec.

1160.

2 As amended by the Act of Stat. at L. 693, Compo Stat. sec.

1160.

Feb. 6, 1905, chap. 453, sec. 9, 33 3834, 7 Fed. Stat. Anno. 2d ed. p.

Feb. 6, 1905, chap. 453, sec. 9, 33 3835, 7 Fed. Stat. Anno. 2d ed. p.

116

GOVERNMENT AND POLITICS SEC. 26. That the "location line" shall govern the direction of one side of the claim, upon which the survey shall be extended according to this' Act. SEC. 27. That the holder of a mineral claim shall be entitled to all minerals which may lie within his claim, but he shall not be entitled to mine outside the boundary lines of his claim continued vertically downward: Pr01Jided, That this Act shall not prejudice the rights of claim owners nor claim holders whose claims have been located under existing laws prior to this Act. SEC. 28. That no mineral claim of the full size shall be recorded without the application being accompanied by an affidavit made by the applicant or some person on his behalf cognizant of the facts: That the legal notices and posts have been put up; that mineral has been found in place on the claim proposed to be recorded; that the ground applied for is unoccupied by any other person. In the said declaration shall be set out the name of the applicant and the date of the location of the claim. The words written on the number one and number two posts shall be set out in full, and as accurate a description as possible of the position of the claim given with reference to some natural object or permanent monuments.

SEC. 29. That no mineral claim which, at the date of its record, is known by the locator to be less than a full-sized mineral claim shall be recorded without the word "fraction" being added to the name of the claim, and the application being accompanied by 'a n affidavit or solemn declaration made by the applicant or some person on his behalf cognizant of the facts: That the legal posts and notices have been put up; that mineral has been found in place on the fractional claim proposed to be recorded; that the ground applied for is unoccupied by any other person.

In the said declaration shall be set out the name of the applicant and the date of the location of the claim. The

117

ENCYCLOPEDIA OF THE PHILIPPINES words written on the posts numbered one and two shall be set out in full, and as accurate a description as possible of the position of the claim given. A sketch plan shall be drawn by the applicant on the back of the declaration, showing as near as may be the position of the adjoining mineral claims and the shape and size, expressed in meters, of the claim or fraction desired to be recorded: Provided, That the failure on the part of the locator of a mineral claim to comply with any of the foregoing provisions of this section shall not be deemed to invalidate such location, if upon the facts it shall appear that such locator has actually discovered mineral in place on said location, and that there has been on his part a bona fide attempt to comply with the provisions of this Act, and that the nonobservance of the formalities hereinbefore referred to is not of a character calculated to mislead other persons desiring to locate claims in the vicinity.1 SEC. 30. That in cases where, from the nature or shape of the ground, it is impossible to mark the location line of the claim as provided by this Act, then the claim may be marked by placing posts as nearly as possible to the location line, and noting the distance and direction such posts may be from such location line, which distance and direction shall be set out in the record of the claim.

SEC. 31. That every pers'on locating a mineral claim shall record the same with the provincial secretary or such other officer as by the Government of the Philippine Islands may be described as mining recorder of the district within which the same is situate, within thirty days after the location thereof. Such record shall be made in a book to be kept for the purpose in the office of the said provincial secretary or such other officer as by said Government de1 As amended by the Act of Feb. 6, 1905, chap. 453, sec. 9, 33 Stat. at L. 693, Compo Stat. sec. 3839, 7 Fed. Stat. Anno. 2d. ed. p.

1161.

118

GOVERNMENT AND POLITICS scribed as mining recorder, in which shall be inserted the name of the claim, the name of each locator, the locality of the mine, the direction of the location line, the length in meters, the date of location, and the date of the record. A claim which shall not have been recorded within the prescribed period shall be deemed to have been abandoned. 1 SEC. 32. That in case of any dispute as to the location of a mineral claim the title to the claim shall be recognized according to the priority of such location, subject to any question as to the validity of the record itself and subject to the holder having complied with all the terms and conditions' of this Act. SEC. 33. That no holder shall be entitled to hold in his, its, or their own name or in the name of any other person, corporation, or association more tHan one mineral claim on the same vein or lode.

SEC. 34. That a holder may at any time abandon any mineral claim by giving notice, in writing, of such intention to abandon, to the provincial secretary or such other o,fficer as by the Government of the Philippine Islands may be described as mining recorder; and from the date of the record of such notice all his interest in such claim shall cease.

SEC. 35. That proof of citizenship under the clauses of this Act relating to mineral lands may consist in the case of an individual, of his own affidavit thereof; in the case of an association of persons unincorporated, of the affidavit of their authorized agent, made on his own knowledge or upon information and belief; and in case of a corporation organized under the laws of the United States, or of any State or Territory thereof, or of the Philippine Islands, by the filing of a certified copy of their charter or certificate of incorporation.

1 As amended by the Act of Feb. 6, 1905; chap. 453, sec. 9, 33 Stat. at :L. 694, Compo Stat. sec. 3841, 7 Fed. Stat. Anno. 2d ed. p.

1162. .

119

ENCYCLOPEDIA OF THE: PHILIPPINES SEC. 36. That the United States Philippine Commission or its successors may make regulations, not in conflict with the provisions of this Act, governing the location, manner of recording, and amount of work necessary to hold Possâ&#x201A;Źssion of a mining claim, subject to the following requirements: On each claim located after the passage of this Act, and until a patent has been issued therefor, not less than two hundred pesos' worth of labor shall be performed or improvements made during each year: Provided, That upon a failure to comply with these conditions the claim or mine upon which such failure occurred shall be open to relocation in the same manner as if no location of the same had ever been made, provided that the original locators, their heirs, assigns, or legal representatives have not resumed work upon the claim after failure and before such location. Upon the failure of anyone of several co-owners to contribute his proportion of the expenditures required thereby, the co-owners who have performed the labor or made the improvements may, at the expiration of the year, give such delinquent co-owners personal notice in writing, or notice by publication in the newspapers published at Manila, ope in the English language and the other in the Spanish language, to be designated by the Chief of the Philippine Insular Bureau of Public Lands, for at least once a week for ninety days, and if, at the expiration of ninety days after such notice in writing or by publication, such delinquent shall fail or refuse to contribute his proportion of the expenditure required by this section, his interest in the claim shall become the property of his co-owners who have made the required expenditures. The period within which the work required to be done annually on all un120

GOVERNMENT AND POLITICS patented mineral claims shall commence on the first day of January succeeding the date of location of such claim. 1 SEC. 37. That a patent for any land claimed and located for valuable mineral deposits may be obtained in the following manner: Any person, association, or corporation authorized to locate a claim under this Act, having claimed and located a piece of land for such purposes, who has or have complied with the terms of this Act, may file in the office of the provincial secretary, or such other officer as by the Government of said Islands may be described as mining recorder of the province wherein the land claimed is located, an application for a patent, under oath, showing such compliance, together with a plat and field notes of the claim or claims in common, made by or UNder the direction of the Chief of the Philippine Insular Bureau of Public Lands, showing accurately the boundaries of the claim, which shall be distinctly marlCed by monuments the ground, and shall post a copy of such plat, together with a notice of such application for a patent, in a conspicuous place on the land embraced in such plat previous to the filing of the application for a patent, and shall file an affidavit of at least two persons that such notice has been duly posted, and shall file a copy of the notice in such office, and shall thereupon be entitled to a patent for the land, in the manner following: The provincial secretary, or such other officer as by the Philippine Government may be described as mining recorder, upon the filing of such application, plat, field notes, notices, and affidavits, s-h all publish a notice that such an application has been made, once a week for the period of sixty days, in a newspaper to be by him designated as nearest to such claim and in two newspapers published at Manila, one in the English language

on

1 As amended by the Act of Feb. 6, 1905, chap. 453, sec. 9, 33 Stat. at L. 694, Compo Stat. sec. 3846, 7 Fed. Stat. Anno. 2d ed. p.

1163.

121

ENCYCLOPEDIA OF THE PHILIPPINES and one in the Spanish language, to be designated by the Chief of the Philippine Insular Bureau of Public Lands; and he shall also post such notice in his office for the same period. The claimant at the time of filing this application, or at any time thereafter within the sixty days of publication, shall file with the provincial secretary or such other officer as by the Philippine Government may be described as mining recorder a certificate of the Chief of the Philippine Insular Bureau of Public Lands that one thousand pesos' worth of labor has been expended or improvements made upon the claim by himself or grantors; that the plat is correct, with such further description by such reference to natural objects or permanent monuments as shall identify the claim, and furnish an accurate description to be incorporated in the patent. At the expiration of the sixty days of publication. the claimant shall file his affidavit, showing that the plat and notice have been posted in a conspicuous place on the claim during such period of publication. If no adverse claim shall have been filed with the provincial secretary, or such other officer as by the Government of said Islands may be described as mining recorder at the expiration of the sixty days of publication, it shall be assumed that the applicant is entitled to a patent upon the payment to the provincial treasurer or the collector of internal revenue of twenty-five pesos per hectare, and that no adverse claim exists; and thereafter no objection from third parties to the issuance of a patent shall be heard, except it be shown that the applicant has failed to comply with the terms of this Act: P1'ovided, That where the claimant for a patent is not a resident of or within the province wherein the land containing the vein, ledge, or deposit sought to be patented is located, the application for patent and the affidavits required to be made in this section by the 122

GOVERNMENT AND POLITICS claimant for such patent may be made by his, her, or its authorized agent where said agent is conversant with the facts sought to be established by said affidavits.l SEC. 38. That applicants for mineral patents, if residing beyond the limits of the province or military department wherein the claim is situated, may make the oath or affidavit required for proof of citizenship before the clerk of any court of record, or before any notary public of any province of the Philippine Islands, or any other official in said Islands authorized by law to administer oaths.

SEC. 39. That where an adverse claim is' filed during the period of publication it shall be upon oath of the person or persons making the same, and shall show the nature, boundaries, and extent of such adverse claim, and all proceedings, except the publication of notIce and making and filing of the affidavits thereof, shall be stayed until the controversy shall ha:iVe been settled or decided by a court of competent jurisdictibn or the adverse claim waived. It shall be the duty of the adverse claimant, within thirty days after filing his claim, to commence proceedings in a court of competent jurisdiction to determine the question of the right of possession, and prosecute the same with reasonable diligence to final judgment, and a failure so to do shall be a waiver of his adverse claim. After such judgment shall have been rendered the party entitled to the possession of the claim, or any portion thereof, may, without giving further notice, file a certified copy of the judgment roll with the provincial secretary or such other officer as by the Government of the Philippine Islands may be described as mining recorder, together with the certificate of the Chief of the Philippine Insular Bureau of Public Lands that the requisite amount of labor has been expended or improve1 As amended by the Act of Feb. 6, 1905, chap. 453, sec. 9, 33 Stat. at L. 695, Compo Stat. sec. 3847, 7 Fed. Stat. Anno. 2d ed. p.

1164.

123

ENCYCLOPEDIA OF THE PHILIPPINES ments made thereon, and the description required in other cases, and shall pay to the provincial treasurer or the collector of internal revenue of the province in which the claim is situated, as the case may be, twenty-five pesos per hectare for his claim, together with the proper fees, whereupon the whole proceedings and the judgment roll shall be certified by the provincial secretary, or such other officer as by said Government may be described as mining recorder to the Secretary of the Interior to the Philippine Islands, and a patent shall issue thereon for the claim, or such portion thereof as the applicant shall appear, from the decision of the court, rightly to possess. The adverse claim may be verified by the oath of any duly authorized agent or attorney in fact of the adverse claimant cognizant of the facts stated; and the adverse claimant, if residing or at the time being beyond the limits of ' the province wherein the claim is situated, may make o~th to the adverse claim before the clerk of any court of record, or any notary public of any province or- military department of the Philippine Islands, or any other officer authorized to administer oaths where the adverse claimant may then be. If it appears from the decision of the court that several parties are entitled to separate and different portions of the claim, each party may pay for his portion of the claim, with the proper fees, and file the certificate and description by the Chief of the Philippine Insular Bureau of Public Lands, whereupon the provincial secretary or such other officer as by the Government of said Islands may be described 'a s mining recorder shall certify the proceedings and judgment roll to the Secretary of the Interior for the Philippine Islands, as in the preceding case, and patents shall issue to the several parties according to their respective rights. If in any action brought pursuant to this section, title to the ground in controversy shall not be established by either party, the court shall so find, and judgment shall be entered accordingly.

124

GOVERNMENT AND POLITICS In such case costs shall not be allowed to either party, and the claimant shall not proceed in the office of the provincial secretary or such other officer as by the Government of said Islands may be described as mining recorder or be entitled to a patent for the ground in controversy until he shall have perfected his title. Nothing herein contained shall be construed to prevent the alienation of a title conveyed by a patent for a mining claim to any person whatever.l SEC. 40. That the description of mineral claims upon surveyed lands shall designate the location of the claim with reference to the lines of the public surveys, but need not conform therewith; but where a patent shall be issued for claims upon unsurveyed lands, the Chief of the Philippine Insular Bureau of Public Lands in extending the surveys shall adjust the same to the boundaries of such patented claim according to the plat or description thereof, but so as in no case to interfere with or change the location of any such patented claim.

SEC. 41. That any person authorized to enter lands under this Act may enter and obtain patent to lands that are chiefly valuable for building stone under the provisions of this Act relative to placer mineral claims.

SEC. 42. That any person authorized to enter lands under this Act may enter and obtain patent to lands containing petroleum or other mineral oils and chiefly valuable therefor under the provisions of this Act relative to placer mineral claims.

SEC. 43. That no location of a placer claim shall exceed sixty-four hectares for any association of persons, irrespective of the number of persons composing such association, and no ' such location shall include more than eight I As amended by the Act of Feb. 6, 1905, chap. 453, sec. 9, 33 Stat. at L. 695, Compo Stat. sec. 3849, 7 Fed. Stat. Anno. 2d ed p 1165. . .

125

ENCYCLOPEDIA OF THE PHILIPPINES hectares for an individual claimant. Such locations shall conform to the laws of the United States Philippine Commission, or its successors, with reference to public surveys, and nothing in this section contained shall defeat or impair any bona fide ownership of land for agricultural purposes or authorize the sale of the improvements of any bona fide settler to any purchaser.

SEC. 44. That where placer claims are located upon surveyed lands and conform to legal subdivisions, no further surveyor plat shall be required, and all placer mining claims located after the date of passage of this Act shall conform as nearly as practicable to the Philippine system of public-land surveys and the regular subdivisions of such surveys; but where placer claims can not be conformed to legal subdivisions, survey and plat shall be made as on unsurveyed lands; and where by the segregation of mineral lands in any legal subdivision a quantity of agricultural land less than sixteen hectares shall remain, such fractional portion of agricultural land may be entered by any party qualified by law for homestead purposes.

SEC. 45. That where such person or association, they and their grantors, have held and worked their claims for a period equal to the time prescribed by the Statute of Limitations of the Philippine Islands, evidence of such possession and working of the claims for such period shall be sufficient to establish a right to a patent thereto under this Act, in the absence of any adverse claim; but nothing in this Act shall be deemed to impair any lien which may have attached in any way whatever prior to the issuance of a patent.

SEC. 46. That the Chief of the Philippine Insular Bureau of Public Lands may appoint competent deputy mineral surveyors to survey mining claims. The expenses of the survey of vein or lode claims and of the survey of placer claims, together with the cost of publication of notic126

GOVERNMENT AND POLITICS es, shall be paid by the applicants, and they shall be at liberty to obtain the same at the most reasonable rates, ~nd they shall also be at liberty to employ any such deputy mineral surveyor to make the survey. The Chief of the Philippine Insular Bureau of Public Lands shall also have power to establish the maximum charges for surveys and publication of notices under this Act; and in case of excessive charges for publication he may designate any newspaper published in a province where mines are situated, or in Manila, for the publication of mining notices and fix the rates to be charged by such paper; and to the end that the Chief of the Bureau of Public Lands may be fully informed on the subject such applicant shall file with the provincial secretary, or such other officer as by the .Government of the Philippine Islands may be described -as mining recorder, a sworn statement of all charges and fees paid by such applicant for publication and surveys, and of all fees and money paid the provincial treasurer or the collector of internal revenue, as the case may be, which statement shall be transmitted, with the other papers in the case, to the Secretary of the Interior for the Philippine Islands.

SEC. 47. That all affidavits required to be made under this Act may be verified before any officer authorized to administer oaths within the province or military department where the claims may be situated, and all testimony and proofs may be taken before any such officer, and when duly certified by the officer taking the same, shall have the same force and effect as if taken before the proper provincial secretary or such other officer as by the Government of the Philippines Islands may be described as mining recorder. In cases of contest as to the mineral or agricultural character of land the testimony and proofs may be taken as herein provided on personal notice of at least ten days to the opposing party; or if such party can not be found, then by publication at least once a week for thirty 127

ENCYCLOPEDIA OF THE PHILIPPINES days in a newspaper to be designated by the provincial secretary, or such other officer as by said Government may be described as mining recorder, published nearest to the location of such land and in two newspapers published in Manila, one in the English language and one in the Spanish language, to be designated by the Chief of the Philippine Insular Bureau of Public Lands; and the provincial secretary or such other officer as by said Government may be described as mining recorder shall require proofs that such notice has been given.

SEC. 48. That where nonmineral land not contiguous to the vein or lode is used or occupied by the proprietor of such vein or lode for mining or milling purposes, such nonadjacent surface ground may be embraced and included in an application for a patent for such vein or lode, and the same may be patented therewith, subject to the same preliminary requirements as to survey and notice as are applicable to veins or lodes; but no location of such nonadjacent land shall exceed two hectares, and payment for the same must be made at the same rate as fixed by this Act for the superficies of the lode. The owner of a quartz mill or reduction works not owning a mine in connection therewith may also receive a patent for his mill site as provided in this section.

SEC. 49. That as a condition of sale the Government of the Philippine Islands may provide rules for working, policing, and sanitation of mines, and rules concerning easements, drainage, water rights, right of way, right of Government survey and inspection, and other necessary means to their complete development not inconsistent with the provisions of this Act, and those conditions shall be ~ully expressed in the patent. The Philippine Commission or its successors are hereby further empowered to fix the bonds of deputy mineral surveyors.

I

128

GOVERNMENT AND POLITICS SEC. 50. That whenever by priority of possession rights to the use of water for mining, agricultural, manufacturing, or other purposes have vested and accr~ed and the same are recognized and acknowledged by the lqcal customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same, and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed, but whenever any person, in the construction of any ditch or canal, injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage.

SEC. 51. That all patents granted shall be subject to any vested and accrued water r ights, "or rights to ditches and reservoirs used in connection with such water rights as may have been acquired under or recognized by the preceding section.

SEC. 52. That the Government of the Philippine Islands is authorized to establish land districts and provide for the appointment of the necessary officers wherever they may deem the same necessary for the public convenience, and to further provide that in districts where land offices are established proceedings required by this Act to be had before provincial officers shall be had before the proper officers of such land offices.

SEC. 53. That every person above the age of twentyone years, who is a citizen of the United States, or of the Philippine Islands, or who has acquired the rights of a native of said Islands under and by virtue of the treaty of Paris, or any association of persons severally qualified as above, shall, upon application to the proper provincial treasurer, have the right to enter any quality of vacant coal lands of said Islands not otherwise appropriated or reserved by competent authority, not exceeding sixty-four hectares 129

ENCYCLOPEDIA OF THE PHILIPPINES to such individual person, or one hundred and twenty-eight hectares to such association, upon payment to the provincial treasurer or the collector of internal revenue, as the case may be, of not less than fifty pesos per hectare for such lands, where the same shall be situated more than twentyfive kilometers from any completed railroad or available harbor or navigable stream, and not less than one hundred pesos per hectare for such lands as shall be within twentyfive kilometers of such road, harbor, or stream: Provided, That such entries shall be taken in squares of sixteen or sixty-four hectares, in conformity with the rules and regulations governing the public-land surveys of the said Islands in plotting legal subdivisions. 1 SEC. 54. That any person or association of persons, severally qualified as above provided, who have opened and improved, or shall hereafter open and improve, any coal mine or mines upon the public lands, and shall be in actual possession of the same, shall be entitled to a preference right of entry under the preceding section of the mines so opened and improved.

SEC. 55. That all claims under the preceding section must be presented to the proper provincial secretary within sixty days after the date of actual possession and the commencement of improvements on the land by the filing of a declaratory statement therefor; and where the improvements shall have been made prior to the expiration of three months from the date of the passage of this Act, sixty days from the expiration of such three months shall be allowed for the filing of a declaratory statement; and no sale under the provisions of this Act shall be allowed until the expiration of six months from the date of the passage of this Act. 1 As amended by the Act of Feb. 6, 1905, chap. 453, sec. 9, 33 Stat. at L. 696, Compo Stat. sec. 3863, 7 Fed. Stat. Anno. 2d ed. p.

1170.

130

GOVERNMENT AND POLITICS SEC. 56. That the three preceding sections shall be held to authorize only one entry by the same person or association of persons; and no association of persons, any member of which shall have taken the benefit of such sections, either as an indivIdual or as a member of any other association, shall enter or hold any other lands under the provisions thereof; and no member of any association which shall have taken the benefit of such section shall enter or hold any other lands under their provisions; and all persons claiming under section fifty-eight shall be required to prove their respective rights and pay for the lands filed upon within one year from the time prescribed for filing their respective claims; and upon failure to file the proper notice or to pay for the land wit hin the. required period, the same shall be subject to entry by any other qualified applicant.

SEC. 57. That in case of conflicting claims upon coal lands where the improvements shall be commenced after the date of the passage of this Act, priority of possession and improvement, followed by proper filing and continued good faith, shall determine the preference right to purchase.

And also where improvements have already been made prior to the passage of this Aet, division of the land claimed may ~ made by legal subdivisions, which shall conform as nearly as practicable with the subdivisions of land provided for in this Act, to include as near as may be the valuable' improvements of the respective parties. The Government of the Philippine Islands is authorized to issue all needful rules and regulations for carrying into effect the provisions of thi~ ann preceding sections relating to mineral lands.

SEC. 58. That whenever it shall be made to appear to the secretary of any province or the commander of any military department in the Philippine Islands that any lands within the province are saline in character, it shall be the duty of said provincial secretary or commander, un131

ENCYCLOPEDIA OF THE PHILIPPINES der the regulations of the Government of the Philippine Islands, to take testimony in reference to such lands, to ascertain their true character, and to report the same to the Secretary of the Interior for the Philippine Islands; and if, upon such testimony, the Secretary of the Interior shall find that such lands are saline and incapable of being purchased under any of the laws relative to the public domain, then and in such case said lands shall be offered for sale at the office of the provincial secretary or such other officer as by the said Government may be described as mining recorder of the province or department in which the same shall be situated, as the case may be, under such regulations as may be prescribed by said Government and sold to 'the highest bidder, for cash, at a price of not less than six pesos per hecta~e; and in case such lands fail to sell when so offered, then the same shall be subject to private sale at such office, for cash, at a price not less than six pesos per hectare, in the same maRner as other lands in the said Islands are sold. All executive proclamations relating to the sales of public saline lands shall be published in only two newspapers, one printed in the English language and one in the Spanish language, at Manila, which shall be designated by said Secretary of the Interior.l SEC. 59. That no Act granting lands to provinces, districts, or municipalities to aid in the construction of roads, or for other public purposes, shall be so construed as to embrace mineral lands, which, in all cases, are reserved exclusively, unless otherwise specially provided in the Act or Acts making the grant.

SEC. 60. That nothing in this Act shall be construed to affect the rights of any person, partnership, or corporation having a valid, perfected mining concession 1 As amended by the Act of Feb. 6, 1905, chap. 453, sec. 9, 33 Stat. at L. 697, Compo Stat. sec. 3868, 7 Fed. Stat. Anno. 2d ed. p.

1171.

132

GOVERNMENT AND POLITICS granted prior to April eleventh, eighteen hundred and ninety-nine, but all such concessions shall be conducted under the provisions of the law in force at the time they were granted, subject at all times to cancelation by reason of illegality in the procedure by which they were obtained, or for failure to comply with the conditions prescribed as requisite to their retention in the laws under which they were granted: Provided, That the owner or owners of every such concession shall cause the corners made by its boundaries to be distinctly marked with permanent monuments within six months after this Act has been promulgated in the Philippine Islands, and that any concessions the boundaries of which are not so marked within this period shall be free and open to explorations and purchase under the provisions of this Act. SEC. 61. That mining rights on public landS in the Philippine Islands shall, after tHe passage of this Act, be acquired, only in accordance with its provisions.

SEC. 62. That all proceedings for the cancelation of perfected Spanish concessions shall be conducted in the courts of the Philippine Islands having jurisdiction of the subject-matter and of the parties, unless the United States Philippine Commission, or its successors, shall create special tribunals for the determination of such controversies.

AUTHORITY FOR THE PHILIPPINE ISLANDS GOVERNMENT TO PURCHASE LANDS OF RELIGIOUS ORDERS AND OTHERS AND ISSUE BONDS FOR PURCHASE PRICE

SEC. 63. That the Government of the Philippine Islands is hereby authorized, subject to the limitations and conditions prescribed in this Act, to acquire, receive, hold, maintain, and convey title to real and personal property, and may acquire real estate for public uses by the exercise of the right of eminent domain.

133

ENCYCLOPEDIA OF THE PHILIPPINES SEC. 64. That the powers hereinbefore conferred in section sixty-three may also be exercised in respect of any lands, easements, appurtenances, and hereditaments which, on the thirteenth of August, eighteen hundred and ninetyeight, were owned or held by associations, corporations, communities, religious orders, or private individuals in such large tracts or parcels and in such manner as in the opinion of the Commission inj uriously to affect the peace and welfare of the people of the Philippine Islands. And for the purpose of providing funds to acquire the lands mentioned in this section said Government of the Philippine Islands is hereby empowered to incur indebtedness, to borrow money, and to issue, and to sell at not less than par value, in gold coin of the United States of the present standard value or the equivalent in value in money of said Islands, upon such terms and conditions as it may deem best, registered or coupon bonds of said Government for such amount as may be necessary, said bonds to be in denominations of fifty dollars or any multiple thereof, bearing interest at a rate not exceeding four and a half per centum per annum, payable quarterly, and to be payable at the pleasure of said Government after dates named in said bonds not less than five nor more than thirty year~ from the date of their issue, together with interest thereon, in gold coin of the United States of the present standard value or the equivalent in value in money of said Islands; and said bonds shall be exempt from the payment of all taxes or duties of said Government, or any local authority therein, or of the Government of the United States, as well as from taxation in any form by or under State, municipal, or local authority in the United States or the Philippine Islands. The moneys which may be realized or received from the issue and sale of said bonds shall 134

GOVERNMENT AND POLITICS be applied by the Government of the Philippine Islands to the acquisition of the property authorized by this section, and to no other purposes.

SEC. 65. That all lands acquired by virtue of the preceding section shall constitute a part and portion of the public property of the Government of the Philippine Islands, and may be held, sold, and conveyed, or leased temporarily for a period not exceeding three years after their acquisition by said Government on such terms and conditions as it may prescribe, subject to the limitations and eonditions provided for in this Act: Provided, That all deferred payments and the interest thereon shall be payable in the money prescribed for the payment of principal and interest of the bonds authorized t9 be issued in payment of said lands by the preceding section and said deferred payments shall bear int erest at the rate borne by the bonds. All mo~eys realized or received from sales or other disposition of said lands or by reason thereof shall constitute a trust fund for the payment of principal and interest of said bonds, and also constitute a sinking fund for the payment of said bonds at their maturity. Actual settlers and occupants at the time said lands are acquired by the Government shall have the preference over all others to lease, purchase, or acquire their holdings within such reasonable time as may be determined by said Government.

MUNICIPAL BONDS FOR PUBLIC IMPROVEMENTS SEC. 66. That for the purpose of providing funds to construct necessary sewer and drainage facilities, to secure a sufficient supply of water and necessary buildings for primary public schools in municipalities, the Government of the Philippine Islands may, where current taxation is. inadequate for the purpose, under such limitations, terms~ and conditions as it may prescribe, authorize by appropriate legislation, to be approved by the President of the

135

ENCYCLOPEDIA OF THE PHILIPPINES United States, any municipality of said Islands to incur indebtedness, borrow money, and to issue and sell (at not less than par value in gold coin of the United States) registered or coupon bonds, in such amount and payable at such time as may be determined to be necessary by the Government of said Islands, with interest thereon not to exceed five per centum per annum: Provided, That the entire indebtedness of any municipality shall not exceed five per centum of the assessed valuation of the real estate in said municipality, and any obligation in excess of such limit shall be null and void. 1 SEC. 67. That all municipal bonds shall be in denominations of fifty dollars, or any multiple thereof, bearing interest at a rate not exceeding five per centum per annum, payable quarterly, such bonds to be payable at the pleasure of th~ Government of the Philippine Islands, after dates named in said bonds not less than five nor more than thirty years from the date of their issue, together with the interest thereon, in gold coin of the United States of the present standard of value, or its equivalent in value in money of the said Islands; and said bonds shall be exempt from the payment of all taxes or duties of the Government of the Philippine Islands, or any local authority therein, or the Government of the United States.

SEC. 68. That all moneys which may be realized or received from the issue and sale of said bonds shall be utilized under authorization of the Government of the Philippine Islands in providing the municipal improvements and betterments which induced the issue and sale of said bonds, and for no other purpose.

SEC. 69. That the Government of the Philippine Islands shall, by the levy and collection of taxes on the 1 As amended by the Act of Feb. 6, 1905, chap. 453, sec. 3, 33 Stat. at L. 690, Compo Stat. sec. 3876, 7 Fed. Stat. Anno. 2d ed. p.

1173:"

136

GOVERNMENT AND POLITICS municipality, its inhabitants and their property, or by other means, make adequate provision to meet the obligation of the bonds of such municipality, and shall create a sinking fund sufficient to retire them and pay the interest thereon in accordance with the terms of issue: Provided, That if said bonds or any portion thereof shall be paid out of the funds of the Government of said Islands, such municipality shall reimburse said Government for the sum thus paid, and said Government is hereby empowered to collect said sum by the levy and collection of taxes on such municipality.

SEC. 70. That for the purpose of providing funds to construct sewers in the city of Manila and to furnish it with an adequate sewer and drainage system and supply of water the Government of t he Philippine Islands, with the approval of the President of the United States first had, is hereby authorized to permit the city of Manila to incur indebtedness, to borrow money, and to issue and sell (at not less than par value in gold coin of the United States), upon such terms and conditions as it may deem best, registered or coupon bonds of the city of Manila to an amount not exceeding four million dollars, lawful money of the United States, payable at such time or times as may be determined by said Government, with interest thereon not to exceed five per centum per annum.

SEC. 71. That said coupon or registered bonds shal1 be in denominations of fifty dollars or any multiple thereof, bearing interest at a rate not exceeding five per centum per annum, payable quarterly, such bonds to be payable at the 'pleasure of the Government of the Philippine Islands, after dates named in said bonds not less than five nor more than thirty years from the date of their issue, together with the interest thereon in gold coin of the United States of the present standard value, or the equivalent in value in money of the said Islands; and said bonds shall be 137

ENCYCLOPEDIA OF THE PHILIPPINES exempt from the payment of all taxes or duties of the Government of the said Islands, or of any local authority therein, or of the Government of the United States.

SEC. 72. That all moneys which may be realized or received from the issue and sale of said bonds shall be utilized under authorization of said Government of the Philippine Islands in providing a suitable sewer and drainage system and adequate supply of water for the city of Manila and for no other purpose.

SEC. 73. That the Government of the Philippine Islands shall, by the levy and collection of taxes on the city of Manila, its inhabitants and their property, or by other means, make adequate provision to meet the obligation of said bonds and shall create a sinking fund sufficient to retire them and pay the interest thereon in accordance with the terms of issue: Provided, That if said bonds or any portion thereof shall be paid out of the funds of the Government of said Islands, said city shall reimburse said Government for the sum thus paid, and said Government is hereby empowered to collect said sum by the levy and collection of taxes on said city.

FRANCHISES

SEC. 74. That the Government of the Philippine Islands may grant franchises, privileges, and concessions, including the authority to exercise the right of eminent domain for the construction and operation of works of public utility and service, and may authorize said works to be constructed and maintained over and across the public property of the United States, including streets, highways, squares, and reservations, and over similar property of the Government of said Islands, and may adopt rules and regulations under which the provincial and municipal governments of the Islands may grant the right to use and 138

GOVERNMENT AND POLITICS occupy such public property belonging to said provinces or municipalities: Provided, That no private property shall be taken for any purpose under this section without just compensation paid or tendered therefor, and that such authority to take and occupy land shall not authorize the taking, use, or occupation of any land except such as is required for the actual necessary purposes for which the franchise is granted, and that no franchise, privilege, or concession shall be granted to any corporation except under the conditions that it shall be subject to amendment, alteration, or repeal by the Congress of the United States, and that rands or rights of use and occupation of lands thus granted shall revert to the Governments by which they were respectively granted upon the termination of the franchises and concession under which they were granted or upon their revocation or repeal. That all franchises, privileges, or concessions granted under this Act shall 'forbid the issue (')f stoek or bonds except in exchange for actu.a l cash, or for property at a fair valuation, equal to the par value of the stock or bonds so issued; shall forbid the declaring of stock or bond dividends, and, in the case of public-service corporations, shall provide for the effective regulation of the charges thereof, for the official inspection and regulation of the books and accounts of such corporations, and for the payment of a reasonable percentage of gross earnings into the Treasury of the Philippine Islands or of the province or municipality within which such franchises are granted and exercised: Provided further, That it shall be unlawful for any cQrporation organized under this Act, or for any person, company, or corporation receiving any grant, franchise, or concession from the Government of said Islands, to use, employ, or contract for the labor of persons claimed or alleged to be held in involuntary servitude; and any person, company, or corporation so violating the provisions of this Act shall 139

ENCYCLOPEDIA OF THE PHILIPPINES forfeit all charters, grants, franchises, and concessions for doing business in said Islands, and in addition shall be deemed guilty of an offense, and shall be punished by a fine of not less than ten thousand dollars.

SEC. 75. That no corporation shall be authorized to conduct the business of buying and selling real estate or be permitted to hold or own real estate except such as may be reasonably necessary to enable it to carry out the purposes for which it is created, and every corporation authorized to engage in agriculture shall by its charter be restricted to the ownership and control of not to exceed one thousand and twenty-four hectares of land; and it shall be unlawful for any member of a corporation engaged in agriculture or mining and for any corporation organized for any purpose except irrigation to be in any wise interested in any other corporation engaged in agriculture or in mmmg. Corporations, however, may loan funds upon real-estate security and purchase real estate when necessary for the collection of loans, but they shall dispose of real estate so obtained within five years after receiving the title. Corporations not organized in the Philippine Islands, and doing business therein shall be bound by the provisions of this section so far as they are applicable.

COINAGE

SEC. 76. That the Government of the Philippine Islands is hereby authorized to establish a mint at the city of Manila, in said Islands, for coinage purposes, and the coins hereinafter authorized may be coined at said mint.

And the said Government is hereby authorized to enact laws necessary for such establishment: Provided, That the laws of the United States relating to mints and coinage, so far as applicable, are hereby extended to the coinage of said Islands.

140

GOVERNMENT AND POLITICS 77. That the Government of the PhiUppine Islands is authorized to coin, for use in said Islands, a coin of the denomination of fifty centavos and of the weight of two hundred and eight grains, a coin of the denomination of twenty centavos and of the weight of eighty-three and ten one-hundredths grains, and a coin of the denomination of ten centavos and of the weight of forty-one and fiftyfive one-hundredths grains, and the standard of said silver coins shall be such that of one thousand parts, by weight, nine hundred shall be of pure metal and one hundred of alloy, and the alloy shall be of copper.1 SEC. 78.2 SEC. 79. That the Government of the Philippine Islands is also authorized to issue minor coins of the denominations of one-half centavo, one 路 centavo, and five centavos, and such minor coins shall be legal tender in said Islands for amounts not exceeding one dollar. The alloy of the f!ve-centavo piece shall be of copper and nickel, to be composed .of three-fourths copper and one-fourth nickel.

The alloy of the one-centavo and one-half-centavo pieces shall be ninety-five per centum of copper and five per centum of tin and zinc, in such proportions as shall be determined by said Government. The weight of the fivecentavo piece shall be seventy-seven and sixteen-hundredths grains troy, and of the one-centavo piece eighty grains troy, and of the one-half-centavo piece forty grains troy.

SEC. 80. That for the purchase of metal for the subsidiary and minor coinage, authorized by the preceding sections, an appropriation may be made by the Government of the Philippine Islands from its current funds, which SEC.

1 As amended by the Act of March 2, 1903, chap. 980, sec. 4, 32 Stat. at L. 953, Compo Stat. sec. 3887, 7 Fed. Stat. Anno. 2d ed. p.

1180.

2 Repealed by the Act of March 2, 1903, chap. 980, sec. 13, 32 Stat. at L. 955, 7 Fed. Stat. Anno. 2d ed. p. 1185.

141

ENCYCLOPEDIA OF THE PHILIPPINES shall be reimbursed from the coinage under said sections; and the gain or seigniorage arising therefrom shall be paid into the Treasury of said Islands.

SEC. 81. That the subsidiary and minor coinage hereinbefore authorized may be coined at the mint of the Government of the Philippine Islands, at Manila, or arrangements may be made by the said Government with the Secretary of the Treasury of the United States for their coinage at any of the mints of the United States, at a charge covering the reasonable cost of the work.

SEC. 82. That the subsidiary and minor coinage hereinbefore authorized shall bear devices and inscriptions to be prescribed by the Government of the Philippine Islands, and such devices and inscriptions shall express the sovereignty of the United States, that it is a coin of the Philippine Islands, the denomination of the coin, and the year of the coinage.

SEC. 83. That the Government of the Philippine IS: lands shall have the power to make all necessary appropriations and all proper regulations for the redemption and reissue of worn or defective coins and for carrying out all other provisions of this Act relating to coinage.

SEC. 84. That the laws relating to entry, clearance, and manifests of steamships and other vessels arriving from or going to foreign ports shall apply to voyages each way between the Philippine Islands and the United States and the possessions thereof, and all laws relating to the collection and protection of customs duties not inconsistent with the Act of Congress of March eighth, nineteen hundred and two~ . "temporarily to provide revenue for the Philippine Islands," shall apply in the case of vessels and goods arriving from said Islands in the United States and its aforesaid possessions.

142

GOVERNMENT AND POLITICS The laws relating to seamen on foreign voyages shall apply to seamen on vessels going from the United States and its possessions aforesaid to said Islands, the customs officers there being for this purpose substituted for consular officers in foreign ports.

The provisions of chapters six and seven, title forty4 eight, Revised Statutes, so far as now in force, and any amendments thereof, shall apply to vessels making voyages either way between ports of the United States or its aforesaid possessions and ports in said Islands; and the provisions of law relating to the public health and quarantine shall apply in the case of all vessels entering a port of the United States or its aforesaid possessions from said Islands, where the customs officers at路the port of the departure shall perform the duties required by such law of consular officers in foreign ports.

Section three thousand and five, Revised Statutes, as amended, and other existing laws concerning the transit of merchandise through the United States, shall apply to merchandise arriving at any port of the United States destined for any of its insular and continental possessions or destined from any of them to foreign countries.

Nothing in this Act shall be held to repeal or alter any part of the Act of March eighth, nineteen hundred and two, aforesaid, or to apply to Guam, Tutuila, or Manua, except that section eight of an Act entitled "An Act to revise and amend the tariff laws of the Philippine Archipelago," enacted by the Philippine Commission on the seventeenth of September, nineteen hundred and one, and approved by an Act entitled "An Act temporarily to provide revenues for the Philippine Islands, and for other purposes," approved March eighth, nineteen hundred and two, is hereby amended so as to authorize the Civil Gov143

ENCYCLOPEDIA OF THE PHILIPPINES ernor thereof in his discretion to establish the equivalent rates of the money in circulation in said Islands with the money of the United States as often as once in ten days.

SEC. 85. That the Treasury of the Philippine Islands and such banking associations in said Islands with a paidup capital of not less than two million dollars and chartered by the United States or any State thereof as may be designated by the Secretary of War and the Secretary of the Treasury of the United States shall be depositories of public money of the United States, subject to the provisions of existing law governing such depositories in the United States: Provided, That the Treasury of the Government of said Islands shall not be required to deposit bonds in the Treasury of the United States, or to give other specific securities for the safe-keeping of public money except as prescribed, in his discretion, by the Secretary of War. SEC. 86. That all laws passed by the Government of the Philippine Islands shall be reported to Congress, which hereby reserves the power and authority to annul the same, and the Philippine Comtnission is hereby directed to make annual report of all its receipts and expenditures to the Secretary of War. BUREAU OF INSULAR AFFAIRS

SEC. 8"7. That the Division of Insular Affairs of the War Department, organized by the Secretary of War, is hereby continued until otherwise provided, and shall hereafter be known as the Bureau of Insular Affairs of the War Department. The business assigned to said Bureau shall embrace all matters pertaining to civil government in the island possessions of the United States subject to the jurisdiction of the War Department. The chief of the Bureau of Insular Affairs of the War Department shall hereafter be appointed by the President for the period of 144

GOVERNMENT AND POLITICS four years, unless sooner relieved, with the advice and consent of the Senate, and while holding that office he shall have the rank, pay, and allowances of the BrigadierGeneral. 1 SEC. 88. That all Acts and parts of Acts inconsistent with this Act are herebYi repealed.

Approved, July 1, 1902.

1 As amended by the Act of June 25, 1906, chap. 3528, 34 Stat. at L. 456, Oomp. Stat. sec. 343, 9 Fed. Stat. Anno. 2d ed. p. 922. See also the Army Appropriation Act of March 2, 1907, chap. 2511, 34.

Stat. at L. 1162, Compo Stat. sec. 347, 9 Fed. Stat. Anno. 2d ed. 11.

923, and the Army Appropriation Act of March 23, 1910, chap. 11;:;, 36 Stat. at L. 248, Compo Stat. sec. 348, 9 Fed. Stat. Anno. 2d ed. p.923.

145

THE PHILIPPINE AUTONOMY ACT

(Jones Law) [An act to declare the purpose of the people of the United States as to the future political status of the people of the Philippine Islands, and to provide a more autonomous government for those islands.]

Whereas it was never the intention of the people of the United States in the incipiency of the War with Spain to make it a war of conquest or for territorial aggrandizement; and Whereas it is, a's it has always been, the purpose of the people of the United States to withdraw their sovereignty over the Philippine Islands and to recognize their independence as soo:q as a stable government can be established therein; and Whereas for the speedy accomplishment of such purpose it is desirable to place in the hands of the people of the Philippines a's. large a control of their domestic affairs as can be given them without, in the meantime, impairing the exercise of the rights of sovereignty by the people of the United States, in order that, by the use and exercise of popular franchise and governmental powers, they may be the better prepared to fully assume the responsibilities and enjoy all the privileges of complete independence: Therefore Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of this Act and the name "The Philippines" as used in this Act shall apply to and include the Philippine Islands ceded to the United States Government by the treaty of peace concluded between the United States and Spain on the eleventh day of April, eighteen hundred and ninety-nine, the boundaries of which are set forth in Article III of said treaty, together with those 146

GOVERNMENT AND POLITICS islands embraced in the treaty between Spain and the United States concluded at Washington on the seventh day of November, nineteen hundred.

SEC. 2. That all inhabitants of the Philippine Islands who were Spanish subjects on the eleventh day of April, eighteen hundred and ninety-nine, and then resided in said islands, and their children born subsequent thereto, shall be deemed and held to be citizens of the Philippine Islands, except such as. shall have elected to preserve their allegiance to the Crown of Spain in accordance with the provisions of the treaty of peace between the United States and .spain, signed at Paris, Dec,e mber tenth, eighteen hundred and ninety-eight, and except such others as have since become citizens of some other ,.c ountry: Provided, That the Philippine Legislature, herein provided for, is hereby authorized to provide by law for the acquisition of Philippine citizenship by those natives, of the Philippine Islands who do not come within the foregoing provisions, the natives of the insular possessions of the United States, and such other persons residing in the Philippine Islands who are citizens of the United States, or who could become citizens of the United States under the laws of the United States if residing therein.

SEC. 3. That no law shall be enacted in said islands which shall deprive any person of life, liberty, or property without due process of law, or deny to any person therein the equal protection of the laws. Private property shall not be taken for public use without just compensation.

That in all criminal prosecutions the accused shall enjoy the right to be heard by himself and counsel, to demand the nature and cause of the accusation against him, to have a speedy and public trial, to meet the witnesses face to face, and to have compulsory process to compel the attendance of witnesses in his behalf.

147

ENCYCLOPEDIA OF THE PHILIPPINES That no person shall be held to answer f.or a criminal ' .offense with.out due process of law; and no person f.or the same .offense shall be twice put in jeopardy .of punishment, nor shall be compelled in any criminal case to be a witness against himself.

That all pers.ons shall before conviction be bailable by sufficient sureties, except for capital offenses.

That no law impairing the obligation of contracts shall be enacted.

That no person shall be imprisoned for debt.

That the privilege of the writ of habe'as corpus shall not be suspended, unless when in cases of rebellion, insurrection, or invasion the public safety may require it, in either .of which events the same may be suspended by the President, .or by the Governor General, wherever during such period the n cessity for such 'suspension shall exist.

That no ex post facto law or bill of attainder shall be enacted nor shall the law of primogeniture ever be in force in the Philippines.

That no law granting 路a title of nobility shall be enacted, and n.o person holding any office of profit .or trust in said islands shall, without the consent of the Congress of the United States, accept any present, emolument, .offIce, or title of any kind whatever from any king, queen, prince, .or foreign State.

That exces'sive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.

That the right to be secure against unreasonable searches and seizures shall not be violated.

That slavery shall not exist in said islands; nor shall involuntary ls.e rvitude exist therein except as a punishment for crime whereof the party shall have been duly convicted.

148

GOVERNMENT AND POLITICS That no law shall be passed abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and petition the Government for redress of grievances.

That no law shall be made respecting an establishment of religion or prohibiting the free exercise thereof, and that the free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed; and no religious test shall be required for the exercise of civil or political rights.

No public money or property shall ever be appropriated, applied, donated, or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or for the use, benefit, or support of any priest, preacher, minister, or other religious. teacher or dignitary as such. Contracting of polygamous or plural marriages hereafter is prohibited. That no law shall be construed to permit polygamous or plural marriages.

That no money shall be paid out of the treasury except in pursuance of an appropriation by law.

That the rule of taxation in said islands shall be uniform.

That no bill which may be enacted into law shall embrace more than one subject, and that subject shall be expressed in the title of the bill.

That no warrant shall i'ssue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or things to be seized.

That all money collected on any tax levied or assessed for a special purpose shall be treated as a special fund in the treasury and paid out for such purpose only.

SEC. 4. That all expenses that may be incurred on account of the Government of the Philippines, for salaries 149

ENCYCLOPEDIA OF THE PHILIPPINES of officials and the conduct of their offices and departments, and all expenses and obligations contracted for the internal improvement or development of the islands, not, however, including defenses, barracks, and other works undertaken by the United States, shall, except as otherwise specifically provided by the Congress, be paid by the Government of the Philippines.

SEC. 5. That the statutory laws of the United States hereafter enacted shall not apply to the Philippine Islands, except when they specifically so provide, or it is so provided in this Act. SEC. 6. That the laws now in force in the Philippines shall continue in force and effect, except as altered, amended, or modified herein, until altered, amended, or repealed by the legislative authority herein provided or by Act of Congress of the United States.

SEC. 7. That the legislative authority herein provided shall have power, when not inconsistent with this Act, by due enactment to amend, alter, modify, or repeal any law, civil or criminal, continued in force by this Act as it may from time to time see fit.

This power shall specifically extend with the limitation herein provided as to the tariff to all laws relating to revenue and taxation in effect in the Philippines.

SEC. 8. That general legislative power, except as otherwise herein provided, is hereby granted to the Philippine Legislature, authorized by this Act. SEC. 9. That all the property and rights which may have been acquired in the Philippine Islands by the United States under the treaty of peace with Spain, signed December tenth, eighteen hundred and ninety-eight, except such land or other property as has been or shall be designated by the President of the United States for military and other reservations of the Government of the United States, and all lands which may have been subsequently acquired 150

GOVERNMENT AND POLITICS by the government of the Philippine Islands by purchase under the provisions of sections sixty-three and sixty-four of the Act of Congress approved July first, nineteen hundred and two, except such as may have heretofore been sold and disposed of in accordance with the provisions of said Act of Congress, are hereby placed under the control of the government of said islands to be administered or disposed of for the benefit of the inhabitants thereof, and the Philippine Legislature shall have power to legislate with respect to all such matters as it may deem advisable; but acts of the Philippine Legislature with reference to land of the public domain, timber, and mining, hereafter enacted, shall not have the force of law until approved by the President of the United S~tes: Provided, That upon the approval of such an act by the Governor General, it shall be by him forthwith transmitted to the President of the United States, and he shall approve or disapprove the same within six months from and after its enactment and submission for his approval, and if not disapproved within such time it shall become a law the same as if it had been specifically approved: Provided further, That where lands in the Phillppine Island's' have been or may be reserved for any public purpose of the United States, and, being no longer required for the purpose for which reserved, have been or may be, by order of the President, placed under the control of the government of said islands to be administered for the benefit of the inhabitants thereof, the order of the President shall be regarded as effectual to give the government of said islands full control and power to administer and dispO'se of such lands for the benefit of the inhabitants of said islands.

SEC. 10. That while this Act provides that the Philippine govenment shall have the authority to enact a tariff law the trade relations between the islands and the United States shall continue to be governed exclusively by 151

ENCYCLOPEDIA OF THE PHILIPPINES laws of the Congress of the United States: Provided, That tariff acts or ac1js' amendatory to the tariff of the Philippine Islands shall not become law until they shall receive the approval of the President of the United States, nor shall any act of the Philippine Legislature affecting immigration or the currency or coinage laws of the Philippines become a law until it has been approved by the President of the United States: Provided further, That the President shall approve or disapprove any act mentioned in the foregoing proviso within six months from and after its enactment and submission for his approval, and if not disapproved within such time it shall become a law the same as if it had been specifically approved.

SEC. 11. That no export duties shall be levied or collected on exports from the Philippine Islands, but taxes and assessD;lents on property and license f-ees for franchises, and privilege's, and internal taxes, direct or indirect, may be imposed for the purposes of the Philippine government and the provincial and municipal governments thereof, respectively, as may be provided and defined by acts of the Philippine Legislature, and, where necessary to anticipate taxes and revenues, bonds and other obligations may be issued by the Philippine government or any provincial or municipal government therein, as may be provided by law and to protect the public credit: Provided, however, That the entire indebtedness of the Philippine government created by the authority conferred herein shall not exceed at anyone time the sum of $15,000,000, exclU'sive of those obligations known as friar land bonds, nor that of any Province or municipality a sum in excess of seven per centum of the aggregate tax valuation of its property at anyone time.

(This section was amended first by Act of Congress of July 21, 1921, and subsequ"ently by Act of Congress of May 31, 1922, by making the proviso read as follows: 152

GOVERNMENT AND POLITICS

Provided, however, That the entire indebtedness of the Philippine Government created by the a~~thority conferred herein, exclusive of those obligations known as friar land bonds, shall not exceed at anyone time 10 per centum of the aggregate tax valu'ation of its property, nor that of the the City of Manila 10 per centum of the aggregate tax valuation of its property, nor that of any Province or municipality a sum in excess of 7 per centum of the aggregate tax var~mtion of its property at 'anyone time. In computing th~ indebtedness of the Philippine Government, bonds not to exceed $10,000,000 in amount, issued by that Government, secured by an equivalent amount of bonds issued by the Pr.ovince or 1wunicipaZities thereof, shall not be counted.)

SEC. 12. That general legislative powers in the Philippines, except as herein otherwise provided, shall be vested in a legislature which shall consist of two houses, one the senate and the other the house of representatives, and the two houses shall be designated "The Philippine Legislature": Provided, That until the Philippine Legislature as herein provided shall have been organized the existing Philippine Legislature shall have all legislative authority herein granted to the government of the Philippine Islands, except such as may now be within the exclusive jurisdiction of the Philippine Commission, which is so continued until the organization of the legislature herein provided for the Philippines. When the Philippine Legislature shall have been organized, the exclusive legislative jurisdiction and authority exercised by the Philippine Commission shall thereafter be exercised by the Philippine Legislature.

SEC. 13. That the members of the senate of the Philippines, except as herein provided, shall be elected for terms o~ six and three years, as hereinafter provided, by the qualified electors of the Philippines. Each of the sena153

ENCYCLOPEDIA OF THE PHILIPPINES torial districts defined as hereinafter provided shall have the right to elect two senators. No person shall be an elective member of the senate of the Philippines who is not a qualified elector and over thirty years' of age, and who is not able to read and write either the Spanish or English language, and who has not been a resident of the Philippines for at least two consecutive years and an actual resident of the senatorial district from which chosen for a period of at least one year immediately prior to his election.

SEC. 14. That the members of the house of representatives shall, except as herein provided, be elected triennially by the qualified electors of the Philippines.

Each of the representative districts hereinafter provided for shall have the right 'to elect one representative. No person shall be an elective member of the house of representatives who i~ not a qualified elector and over twentyfive years of age, and who is not able to read and write either the Spanish or English language, and who has not been an actual resident of the district from which elected for at least one year immediately prior to his election: Provided, That the members of the present assembly elected on the first Tuesday in June, nineteen hundred and sixteen, shall be the members of the house of representatives from their respective districts for the term expiring in nineteen hundred and nineteen.

SEC. 15. That at the first election held pursuant to this Act, the qualified electors shall be those having the qualifications of voters under the present law; thereafter and until otherwi'se provided by the Philippine Legislature herein provided for the qualifications of voters for senators and representatives in the Philippines and all officers elected by the people shall be as follows: Every male person who is not a citizen or subject of a foreign power twenty-one years of age or over (except insane and feeble-minded persons and those convicted in a 154

GOVERNMENT AND POLITICS court of competent jurisdiction of an infamous offense since the 't hirteenth day of August, eighteen hundred and ninety-eight), who shall have been a resident of the Philippines for one year and of the municipality in which he shall offer to vote for six months next preceding the day of voting,' and who is comprised within one of the following classes: (a) Those who under existing law are legal voters and have exercised the right of suffrage. (b) Those who own real property to the value of 500 pesos, or who annually pay 30 pesos or more of the established taxes. (c) Those who are able to read and write either Spanish, English, or a native language.

SEC. 16. That the Philippine Islands shall be divided into twelve senate districts, as follows: First district: Batanes, Cagayan, Isabela, Ilocos Norte, and Ilocos Sur. Second district: La Union, Pangasinan, and Zambales.

Third district: Tarlac, Nueva Ecija, Pampanga, and Bulacan.

Fourth district: Bataan, Rizal, Manila, and Laguna.

Fifth district: Batangas, Mindoro, Tayabas, and Cavite.

Sixth district: Sorsogon, Albay, and Ambos Camarines.

Seventh district: Iloilo and Capiz.

Eighth district: N egros Occidental, N egros Oriental, Antique, and Palawan.

Ninth district: Leyte and Samar.

Tenth district: Cebu.

Eleventh district: Surigao, Misamis, and Bohol.

Twelth district: The Mountain Province, Baguio, N ueva Vizcaya, and the Department of Mindanao and Sulu.

155

ENCYCLOPEDIA OF THE PHILIPPINES The representative districts shall be the eighty-one now provided by law, and three in the Mountain Province, one in Nueva Vizcaya, and five in the Department of Mindanao and Sulu.

The first election under the provisions of this Act shall be held on the first Tuesday of October, nineteen hundred and sixteen, unless the Governor General in his discretion shall fix another date not earlier than thirty nor later than sixty days after the passage of this Act: Provided, That the Governor General's proclamation shall be published at least thirty days prior to the date fixed for the election, and there shall be chosen at such election one senator from each senate district for a term of three years and one for six years. Thereafter one senator from each district shall be elected from each senate district for a term of six years: Provided, That the Governor General of the Philippine Islands shall appoint, without the consent of the senate and without restriction as to residence, senators and representatives who will, in his opinion, best represent the senate district and those representative districts which may be included in the territory not now represented in the Philippine Assembly: Provided further, That thereafter elections shall be held only on such days and under such regulations as to ballots, voting, and qualifications of electors as may be prescribed by the Philippine Legislature, to which is hereby given authority to redistrict the Philippine Islands and modify, amend, or repeal any provision of this section, except such as refer to appointive senators and representatives.

SEC. 17. That the terms of office of elective senators and representatives shall be six and three years, respectively, and shall begin on the date of their .election. In case of vacancy among the elective members of the senate or in the house of representatives', special elections may be held in the districts wherein such vacancy occurred under such , 156

GOVERNMENT AND POLITICS regulations as may be prescribed by law, but senators or representatives elected in such cases shall hold office only for the unexpired portion of the term wherein the vacancy occurred: Senators and representatives appointed by the Governor General shall hold office until removed by the Governor General.

SEC. 18. That the senate and house of representatives, respectively, shall be the sole judges of the elections, returns, and qualifications of their elective members, and each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel an elective member. Both houses shall convene at the capital on the sixteenth day of October next following the election and organize by the election of a speaker or a presiding officer, a clerk, and a sergeant at arms for each house, and such other officers and assistants as may be required. A majority of each house shall constitute a quorum to do business, but a smaller number may meet, adjourn from day to day, and compel the attendance of absent members. The legislature shall hold annual sessions, commencing on the sixteenth day of October, or, if the sixteenth day of October be a legal holiday, then on the first day following which is not a legal holiday, in each year. The legislature may be called in special session at any time by the Governor General for general legislation, or for action on such specific subj ects as he may designate. No special session shall continue longer than thirty days, and no regular session shall continue longer than one hundred days, exclusive of Sundays. The legislature is hereby given the power and authority to change the date of the commencement of its annual sessions.

The senators and representatives shall receive an annual compensation for their services, to be ascertained by law, and paid out of the treasury of the Philippine Islands.

157

ENCYCLOPEDIA OF THE PHILIPPINES The senators and representatives: shall, in all cases except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses and in going to and returning from the same; and for any speech or debate in either house they shall not be questioned in any other place.

No senator or representative shall, during the time for which he may have been elected, be eligible to any office the election to which is vested in the legislature, nor shall be appointed to any office of trust or profit which shall have been created or the emoluments of which shall have been increased during such term.

SEC. 19. That each house of the legislature shall keep a journal of its proceedings and, from time to time, publish the same; and the yeas and nays of the members of either house, on any question, shall, upon demand of one fifth of those present, be entered on the journal, and every bill and joint resolution which shall have passed both houses shall, before it becomes a law, be presented to the Governor General. If he approve the same, he shall sign it; but if not, he shall return it with his objections to that house in' which it shall have originated, which shall enter the objections at large on its journal and proceed to reconsider it.

If, after such reconsideration, two thirds of the members elected to that house shall agree to pas's the same, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two thirds of all the members elected to that house it shall be sent to the Governor General, who, in case he shall then not approve, shall transmit the same to the President of the United States. The vote of each hoU'se shall be by the yeas and nays, and the names of the members voting for and against shall be entered on the journal. If the President of the United States approve the same, he shall sign it and it shall become a law. If he shall not approve the same, he 158

GOVERNMENT AND POLITICS shall return it to the Governor General, so stating, and it shall not become a law: Provided, That if any bill or joint resolution shall not be returned by the Governor General as herein provided within twenty days (Sundays excepted) after it shall have been presented to him the same shall become a law in like manner as if he had signed it, unless the legislature by adjournment prevent its return, in which case it shall become a law unless vetoed by the Governor General within thirty days after adjournment: Provided further, That the President of the United States shall approve or disapprove an act submitted to him under the provisions of this section within six months from and after its enactment and submission for his approval; and if not approved within such time, it shall become a law the same as if it had been specifically approved. The Governor General shall have the power to veto any particular item or items of an appropriation bill, but the veto shall not affect the item or items to which he does not object. The item or items objected to shall not take effect except in the manner heretofore provided in this section as to bills and joint resolutions returned to the legislature without his approval.

All laws enacted by the Philippine Legislature shall be reported to the Congress of the United States, which hereby reserves the power and authority to annul the same. If at the termination of any fiscal year the appropriations necessary for the support of government for the ensuing fiscal year shall not have been made, the several sums appropriated in the last appropriation bills for the obj ects and purposes therein specified, so far as the same may be done, shall be deemed to be reappropriated for the several objects and purposes specified in said last appropriation bill; and until the Jegislature shall act in such be159

ENCYCLOPEDIA OF THE PHILIPPINES half the treasurer shall, when so directed by the Governor General, make the payments necessary for the purposes aforesaid.

SEC. 20. That at the first meeting of the Philippine Legislature created by this Act and triennially thereafter there shall be chosen by the legislature two Resident Commissioners to the United States, who shall hold their office for a term of three years beginning with the fourth day of March following their election, and who shall be entitled to an official recognition as 's uch by all departments upon presentation to the President of a certificate of election by the Governor General of said islands. Each of said Resident Commissioners shall, in addition to the salary and the sum in lieu of mileage now allowed by law, be allowed the same sum for stationery and for the pay of necessary clerk hire as is now allowed to the Members of the House of Representatives of the United States, to be paid out of the Treasury of the United States, and the franking privilege allowed by law to Members of Congress. No person shall be eligible to election as Resident Commissioner who is not a bona fide elector of said islands and who does not owe allegiance to t~e United States and who is not more than thirty years of age and who does not read and write the English language. The present two Resident Commissioners shall hold office until the fourth of March, nineteen hundred and seventeen. In case of vacancy in the position of Resident Commissioner caused by resignation or otherwise, the Governor General may make temporary appointments until the next meeting of the Philippine Legislature, which shall then fill such vacancy; but the Resident Commissioner thus elected shall hold office only for the unexpired portion of the term wherein the vacancy occurred.

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GOVERNMENT AND POLITICS SEC. 21. That the supreme executive power shall be vested in an executive officer, whose official title shall be "The Governor General of the Philippine Islands." He shall be appointed by the President, by and with the advice and consent of the Senate of the United States, and hold his office at the pleasure of the President and until his successor is chosen and qualified. The Governor General shall reside in the Philippine Islands during his official incumbency, and maintain his office at the seat of government. He shall, unless otherwise herein provided, appoint, by and with the consent of the Philippine Senate, such officers as may now be appointed by the Governor General, or such as he is authorized by this Act to appoint, or whom he may hereafter be authorized by law to appoint; but appointments made while the senate is not in session shall be effective either until disapproval or until the next adjournment of the senate. He shall have general supervision and control of' all the departments and bureaus of the government in the Philippine Islands as far as is not inconsistent with the provisions of this Act, and shall be commander in chief of all locally created armed forces and militia. He is hereby vested with the exclusive power to grant pardons and reprieves and remit fines and forfeitures, and may veto any legislation enacted as herein provided. He shall submit within ten days of the opening of each regular session of the Philippine Legislature a budget of receipts and expenditures, which shall be the basis of the annual appropriation bill. He shall commission all officers that he may be authorized to appoint. He shall be responsible for the faithful execution of the laws of the Philippine Islands and of the United States operative within the Philippine Islands, and whenever it becomes necessary he may call upon the commanders of the military and naval forces of the United States in the islands, or summon the posse comitatus, or call out the militia or other 161

ENCYCLOPEDIA OF THE PHILIPPINES locally created armed forces, to prevent or suppress lawless violence, invasion, insurrection, or rebellion; and he may, in case of rebellion or invasion, or imminent danger thereof, when the public safety requires it, suspend the privileges of the writ of habeas: corpus, or place the islands, or any part thereof, under martial law: Provided, That whenever the Governor General shall exercise this authority, he shall at once notify the President of the United States thereof, together with the attending facts and circumstances, and the President shall have power to modify or vacate the action of the Governor General. He shall annually and at such other times as he may be required make such official report of the transactions of the government of the Philippine Islands to an executive department of the United States to be designated by the President, and his said annual report shall be transmitted to the Congress of the United StateI'; and he shall perform such additional duties and functions as may in pursuance of law be delegated or assigned to him by the President.

SEC. 22. That, except as provided otherwise in this Act, the executive departments of the Philippine government shall continue as now authorized by law until otherwise provided by the Philippine Legislature. When the Philippine Legislature hereill provided shall convene and organize, the Philippine Commission, as such, shall cease and determine, and the members thereof shall vacate their offices as members of said commission: Provided, That the heads of executive departments shall continue to exercise their executive functions until the heads of departments provided by the Philippine Legislature pursuant to the provisions of this Act are appointed and qualified. The Philippine Legislature may thereafter by appropriate legislati<>n increase the number or abolish any of the executive departments, or make such changes in the names and duties thereof as it may see fit, and shall provide for the appoint162

GOVERNMENT AND POLITICS ment and removal of the heads of the executive departments by the Governor General: Provided, That all executive functions of the government must be directly under the Governor General or within one of the executive departments under the supervision and control of the Governor General. There is hereby established a bureau, to be known as the Bureau of Non-Christian Tribes, which said bureau shall be embraced in one of the executive departments to be designated by the Governor General, and shall have general supervision over the public affairs of the inhabitants of the territory represented in the legislature by appointive senators and representatives.

SEC. 23. That there shall be appointed by the President, by and with the advice and consent of the Senate of the United States, a vice governor of the Philippine Islands, who shall have all C?f the powers of the Governor General in the case of a vacancy or temporary removal, resignation, or disability of the Governor General, or in case of his temporary absence; and the said vice governor shall be the head of the executive department, known as the department of public instruction, which shall include the bureau of education and the bureau of health, and he may be assigned such other executive duties as the Governor General may designate.

Other bureaus now included in the department of public instruction shall, until otherwise provided by the Philippine Legislature, be included in the department of the interior.

The President may designate the head of an executive department of the Philippine government to act as Governor General in the case of a vacancy, the temporary removal, resignation, or disability of the Governor General and the vice governor, or their temporary absence, and the 163

ENCYCLOPEDIA OF THE PHILIPPINES head of the department thus designated shall exercise all the powers and perform all the duties of the Governor General during such vacancy, disability or ab&ence.

SEC. 24. That there shall be appointed by the President an auditor, who shall examine, audit, and settle all accounts pertaining to the revenues and receipts from whatever source of the Philippine government and of the provincial and municipal governments of the Philippines, including trust funds and funds derived from bond issues; and audit, in accordance with law and administrative regulations, all expenditures of funds or property pertaining to or held in trust by the government or the Provinces or municipalities thereof. He shall perform a like duty with respect to all government branches.

He shall keep the general accounts of the government and preserve the vouchers pertaining thereto.

It shall be the duty of the auditor to bring to the attention of the proper administrative officer expenditures of funds or property which, in his opinion, are irregular, unnecessary, excessive, or extravagant.

There shall be a deputy auditor appointed in the same manner as the auditor. The deputy auditor shall sign such official papers as the auditor may designate and perform such other duties as the auditor may prescribe, and in case of the death, resignation, sickness, or other absence of the auditor from his office, from any cause, the deputy auditor shall have charge of such office. In case of the absence from duty, from any cause, of both the auditor and the deputy auditor, the Governor General may designate an assistant, who shall have charge of the office.

The administrative jurisdiction of the auditor over accounts, whether of funds or property, and all vouchers and records pertaining thereto, shall be exclusive. With the approval of the Governor General he shall from time to time make and promulgate general or special rules and reg164

GOVERNMENT AND POLITICS ulations not inconsistent with law covering the method of accounting for public funds and property, and funds and property held in trust by the government or any of its branches: Provided, That any officer accountable for public funds or property may require such additional reports or returns from his subordinates or others as he may deem nece8sary for his own information and protection.

The decisions of the auditor shall be final and conclusive upon the executive branches of the government, except that appeal therefrom may be taken by the party aggrieyed or the head of the department concerned within one year, in the manner hereinafter prescribed. The auditor shall, except as hereinafter provided, have like authority as that conferred by law upon the several auditors of the United States and the Comptroller of the United States Treasury and is authorized to communicate directly with any person having .claims before him for settlement, or with any department, officer, or person having official relations with his office.

As soon after the olose of each fiscal year as the accounts of said year may be examined and adj usted the auditor shall submit to the Governor General and the Secretary of War an annual report of the fiscal concerns of the government, showing the receipts and disbursements of the various departments and bureaus of the government and of the various Provinces and municipalities, and make such other reports as may be required of him by the Governor General or the Secretary of War. In the execution of their duties the auditor and the deputy auditor are authorized to summon witnesses, administer oaths, and to take evidence, and, in the pursu~nce of these provisions, may issue subprenas and enforce the attendance of witnesses, as now provided by law.

165

ENCYCLOPEDIA OF THE PHILIPPINES The office of the auditor shall be under the general supervision of the Governor General and shall consist of the auditor and deputy auditor and such necessary assistants as may be prescribed by law.

SEC. 25. That any person aggrieved by the action or decision of the auditor in the settlement of his account or claim may, within one year, take an appeal in writing to the Governor General, which appeal shall specifically set forth the particular action of the auditor to which exception is taken, with the reason and authorities relied on for reversing such decision.

If the Governor General shall confirm the action of the auditor, he shall so endorse the appeal and transmit it to the auditor, and the action shall thereupon be final and conclusive. Should the Governor General fail to sustain the action of the auditor, he shall forthwith transmit his grounds of disapproval to the Secretary of War, together with the appeal and the papers necessary to a proper understanding of the matter. The decision of the Secretary of War in such case shall be fInal and conclusive.

SEC. 26. That the supreme court and the courts of first instance of the Philippine Islands shall possess and exercise jurisdiction as heretofore provided and such additional jurisdiction as shall hereafter be prescribed by law.

The municipal courts of said islands shall possess and exercise jurisdiction as now provided by law, subject in all matters to such alteration and amendment as may be hereafter enacted by law; and the chief justice and associate justices of the supreme court shall hereafter be appointed by the President, by and with the advice and consent of the Senate of the United States. The judges of the court of first instance shall be appointed by the Governor General, by and with the advice and consent of the Philippine Senate: P'J"ovided, That the admiralty jurisdiction of the 166

GOVERNMENT AND POLITICS supreme court and courts of first instance shall not be changed except by Act of Congress. That in all cases pending under the operation of existing laws, both criminal and civil, the jurisdiction shall continue until final judgment and determination.

SEC. 27. That the Supreme Court of the United States shall have jurisdiction to review, revise, reverse, modify, or affirm the final judgments and decrees of the Supreme Court of the Philippine Islands in all actions, cases, causes, and proceedings now pending therein or hereafter determined thereby in which the Constitution or any statute, treaty, title, right, or privilege of the United States is involved, or in causes in which the value in controversy exceeds $25,000, or in which the title or possession of real estate exceeding in value the sum of '$25,000, to be ascertained by the oatH of either party or of other competent witnesses, is involved or hrought in question; and such final judgments or decrees may and can be reviewed, revised, reversed, modified, or affirmed by said Supreme Court of the United States on appeal or writ of error by the party aggrieved within the same time, in the same manner, under the same regulations, and by the same p'r ocedure, as far as applicable, as the final judgments and decrees of the district courts of the United States.

(This section was superseded by Section 7 of the Act of Congress of February 13, 1925, reading: That in any case in the Supreme Court of the Philippine Islands wherein the Constitution, or any statute or treaty of the United States is involved, or wherein the value in controversy exceeds $25,000, or wherein the title or possession of real estate exceeding in v'alue the sum of $25,000 is involved or brought in question, it shall be competent for the Supreme Court of the United States, upo~ the petition of the party aggrieved by the final judgment or decree, to require, by certiorari, that the cause be certified to 167

ENCYCLOPEDIA OF THE PHILIPPINES

it for review and determination with the same power and authority, and with the like effect, as if the cause had been brought before it on writ of error or appeal; 'and, except as provided in this section, the judgments and decrees of the Supreme Court of the Philippine Islands shall not be subject to appellate review.} SEC. 28. That the government of the Philippine Islands may grant franchises and rights, including the authority to exercise the right of eminent domain, for the construction and operation of works of public utility and service, and may authorize said works to be constructed and maintained over and across the public property of the United States, including streets, highways, squares, and reservations, and over similar property of the government of said islands, and may adopt rules and regulations under which the provincial and municipal governments of the islands may grant the right to use and occupy such public property belonging to said Provinces or municipalities: Prov'ided, That no private property shall be damaged or taken for any purpose under this section without just compensation, and that such authority to take and occupy land shall not authorize the taking, use, or occupation of any land except such as is required for the actual necessary purposes for which the franchise is granted, and that no franchise or right shall be granted to any individual, firm, or corporation except under the conditions that it shall be subject to amendment, alteration, or repeal by the Congress of the United States, and that lands or right of use and occupation of lands thus granted shall revert to the governments by which they were respectively granted upon the termination of the franchises and rights under which they were granted or upon their revocation or :repeal. That all franchises or rights granted under this Act shall forbid the issue of stock or bonds except in exchange for actual cash or for property at a fair valuation 168

GOVERNMENT AND POLITICS equal to the par value of the stock or bonds so issued; shall forbid the declaring of stock or bond dividends, and, in the case of public-service corporations, shall provide for the effective regulation of the charges thereof, for the official inspection and regulation of the books and accounts of corporations, and for the payment of a reasonable percentage of gross earnings into the treasury of the Philippine Islands or of the Province or municipality within which such franchises are granted and exercised: Provided further, That it shall fie unlawful for any corporation organized under this Act, or for any person, comp'a ny, or corporation receiving any grant, franchise, or concession) from the government of said islands, to use, employ, or contract for the labor of persons held in involuntary servitude; and any person, company, or corporatioli so violating the provisions of this Act shall forfeit all charters, grants, or franchises for doing business in said islands, in an action or proceeding brought for that purpose in any court of competent jurisdiction by any officer of the Philippine government, or on the complaint of any citizen of the Philippines, under such regulations and rules as the Philippine Legislature shall prescribe, and in addition shall be deemed guilty of an offense, and shall be punished by a fine of not more than $10,000.

SEC. 29. That, except as in this Act otherwise provided, the salaries of all the officials of the Philippines not appointed by the President, including deputies, assistants, flnd other employees, shall be such and be so paid out of the revenues of the Philippines as shall from time to time be determined by the 'P hilippine Legislature; and if the legislature shall fail to make an appropriation for such salaries, the salaries so fixed shall be paid without the necessity of further appropriations therefor. The salaries of all officers and all expenses of the offices of the various officials of the Philippines appointed as herein provided 169

ENCYCLOPEDIA OF THE PHILIPPINES by the President shall also be paid out of the revenues, of the Philippines. The annual salaries of the followingnamed officials appointed by the President and so to be paid shall be: The Governor General, $18,000; in addition thereto he shall be entitled to the occupancy of the buildings heretofore used by the chief executive of the Philippines, with the furniture and effects therein, free of rental; vice governor $10,000; chief justice of the supreme court, $8,000; associate justices of the supreme court, $7,500 each; auditor, $6,000; deputy auditor, $3,000.

SEC. 30. That the provisions of the foregoing section shall not apply to provincial and municipal officials; their salaries and the compensation of their deputies, assistants, and other help, as well as all other expenses incurred by the Provinces and municipalities, shall be paid out of the provincial and municipal revenues in such manner as the Philippine Legislat~re shall provide.

SEC. 31. That all laws or parts of laws applicable to the Philippines not in conflict with any of the provisions of this Act are hereby continued in force and effect.

Approved, August 29, 1916.

170

THE PHILIPPINE INDEPENDENCE ACT (Tydings-McDuffie Law) [An act to provide for the complete independence of the Philippine Islands, to provide for the adoption of a constitution and a form of government for the Philippine Islands, and for other purposes.]

Be it enacted by the Sen'ate and House of Representatives of the United States of America in Congress assembled, CONVENTION TO FRAME CONSTITUTION FOR PHILIPPINE ISLANDS SECTION 1. The Philippine Legislature is hereby authorized to provide for the election of delegates to a constitutional convention, which shall meet in the hall of the House of Representatives in the capital of the Philippine Islands, at such time as the Philippine Legislature may fix, not later than October 1, 1934, to formulate and draft a constitution for the government of the Commonwealth of the Philippine Islands, subject to the conditions and qualifications prescribed in this Act, which shall exercise jurisdiction over all the territory ceded to the United States by the treaty of peace concluded between the United States and Spain on the 10th day of December, 1898, the boundaries of which are set forth in Article III of said treaty, together with those islands embraced in the treaty between Spain and the United States concluded at Washington on the 7th day of November, 1900. The Philippine Legislature shall provide for the necessary expenses of such convention.

171

ENCYCLOPEDIA OF THE PHILIPPINES CHARACTER OF CONSTITUTION-MANDATORY PROVISIONS

SEC. 2. (a) The constitution formulated and drafted shall be republican in form, shall contain a bill of rights, and shall, either as a part thereof or in an ordinance appended thereto, contain provisions to the effect that, pending the final and complete withdrawal of the sovereignty of the United States over the Philippine Islands(.1) All citizens of the Philippine Islands shall owe allegiance to the United States.

(2) Every officer of the government of the Commonwealth of the Philippine Islands shall, before entering upon the discharge of his duties, take and subscribe an oath of office, declaring, among other things, that he recognizes and accepts the supreme authority of and will maintain true faith and allegiance to the United States.

(3) Absolute oleration of religious sentiment shall be secured and no inhabitant or religious organization shall be molested in person or property on account of religious belief or mode of worship.

(4) Property owned by the United States, cemeteries, churches, and parsonages or convents appurtenant thereto, and all lands, buildings, and improvements used exclusively for religious, charitable, or educational purposes shall be exempt from taxation.

(5) Trade relations between the Philippine Islands . and the United States shall be upon the basis prescribed in Section 6.

(6) The public debt of the Philippine Islands and its subordinate branches shall not exceed limits now or hereafter fixed by the Congress of the United States; and no loan shall be contracted in foreign countries without the approval of the President of the United States.

172

GOVERNMENT AND POLITICS (7) The debts, liabilities, and obligations of the present Philippine Government, its provinces, municipalities, and instrumentalities, valid and subsisting at the time of the adoption of the constitution, shall be assumed and paid by the new government.

(8) Provision shall be made for the establishment and maintenance of an adequate system of public schools, primarily conducted in the English language.

(9) Acts affecting currency, coinage, imports, exports, and immigration shall not become law until approved by the President of the United States.

(10) Foreign affairs shall be under the direct supervision and control of the United States.

(11) All acts passed by the Legislature of the Commonwealth of the Philippine Islands shall be reported to the Congress of the United States.

(12) The Philippine Islands recognizes the right of the United States to expropriate property for public uses, to maintain military and other reservations and armed forces in the Philippines, and, upon order of the President, to call into the service of such armed forces all military forces organized by the Philippine Government.

(13) The decisions of the courts of the Commonwealth of the Philippine Islands shall be 路s ubject to review by the Supreme Court of the United States as provided 'in paragraph 6 of Section 7.

(14) The United States may, by Presidential proclamation, exercise the right to intervene for the preservation of the government of the Commonwealth of the Philippine Islands and for the maintenance of the government as provided in the constitution thereof, and for the protection of life, property, and individual liberty and for the discharge of government obligations under and in accordance with the provisions of the constitution.

173

ENCYCLOPEDIA OF THE PHILIPPINES (15) The authority of the United States High Commissioner to the Government of the Commonwealth of the Philippine Islands, as provided in this Act, shall be recognized.

(16) Citizens and corporations of the United States shall enjoy in the Commonwealth of the Philippine Islands all the civil rights of the citizens and corporations, respectively, thereof. (b) The constitution shall also contain the following provisions, effective as of the date of the proclamation of the President recognizing the independence of the Philippine Islands, as hereinafter provided: (1) That the property rights of the United States and the Philippine Islands shall be promptly adjusted and settled, and that all existing property rights of citizens or corporations of the United States shall be acknowledged, respected, and safeguarded to the same extent as property rights of the citizens of the Philippine Islands.

(2) That the officials elected and serving under the constitution adopted pursuant to the provisions of this Act shall be constitutional officers of the free and independent government of the Philippine Islands and qualified to function in all respects as if elected directly under such government, and shall serve their full terms of office as prescribed in the constitution.

(3) That the debts and liabilities of the Philippine Islands, its provinces, cities, municipalities and instrumentalities, which shall be valid and subsisting at the time of the final and complete withdrawal of the sovereignty of the United States, shall be assumed by the free and independent government of the Philippine Islands; and that where bonds have been issued under authority of an Act of Congress of the United States by the Philippine Islands, or any province, city, or municipality therein, the Philip174

GOVERNMENT AND POLITICS pine government will make adequate provisions for the necessary funds for the payment of interest and principal, and such obligations shall be a first lien on the taxes collected in the Philippine Islands.

(4路) That the government of the Philippine Islands, on becoming independent of the United States, will assume all continuing obligations assumed by the United States under the treaty of peace with Spain ceding said Philippine Islands to the United States.

(5) That by way of further assurance the government of the Philippine Islands will embody the foregoing provisions [except paragraph (2)] in a treaty with the United States.

SUBMISSION OF CONSTITUTION TO THE PRESIDENT OF THE UNITED STATES

SEC. 3. Upon the drafting and approval of the constitution by the constitutional convention in the Philippine Islands, the constitution shall be submitted, within two years after the enactmen.t of this Act, to the President of the United States, who shall determine whether or not it conforms with the provisions of this Act. If the President finds that the proposed constitution conforms substantially with the provisions of this Act he shall so certify to the Governor-General of the Philippine Islands, who shall so advise the constitutional convention. If the President finds that the constitution does not conform with the provisions of this Act he shall so advise the GovernorGeneral of the Philippine Islands, stating wherein in his judgment the constitution does not so conform and submitting provisions which will in his judgment make the constitution so conform. The Governor-General shall in turn submit such message to the constitutional convention 175

ENCYCLOPEDIA OF THE PHILIPPINES for further action by them pursuant to the same procedure hereinbefore defined, until the President and the constitutional convention are in agreement.

SUBMISSION OF CONSTITUTION TO FILIPINO PEOPLE

4. After the President of the United States has certified that the constitution conforms with the provisions of this Act, it shall be submitted to the people of the Philippine Islands for their ratification or rejection at an election to be held within four months after the date of such certification, on a date to be fixed by the Philippine Legislature, at \\fuich election the qualified voters of the Philippine Islands shall have an opportunity to vote directly for or against the proposed constitution and ordinances appended thereto. Such election shall be held in such manner as may be pres~ribed by the Philippine Legislature, to which the return of the election shall be made. The Philippine Legislature shall by law provide for the canvassing of the return and shall certify the result to the GovernorGeneral of the Philippine Islands, together with a statement of the votes cast, and a copy of said constitution and ordinances. If a majority of the votes cast shall be for the constitution, such vote shall be deemed an expression of the will of the people of the Philippine Islands in favor of Philippine independence, and the Governor-General shall, within thirty days after receipt of the certification from the Philippine Legislature, issue a proclamation for the election of officers of the government of the Commonwealth of the Philippine Islands provided for in the constitution.

The election shall take place not earlier than three months nor later than six months after the proclamation by the Governor-General ordering such election. When the election of the officers provided for under the constitution has been held and the results determined, the GovernorSEC.

176

GOVERNMENT AND POLITICS General of the Philippine Islands shall certify the results of the election to the President of the United States, who shall thereupon issue a proclamation announcing the results of the election, and upon the issuance of such proclamation by the' President the existing Philippine government shall terminate and the new government shall enter upon its rights, privileges, powers, and duties, as provided under the constitution. The present Government of the Philippine Islands shall provide for the orderly transfer of the functions of government.

If a majority of the votes cast are against the constitution, the existing Government of the Philippine Islands shall continue without regard to the provisions of this Act. TRANSFER OF PROPERTY AND RIGHTS TO PHILIPPINE COMMONWEALTH

SEC. 5. All the property and rights which may have been acquired in the Philippine Islands by the United States under the treaties mentioned in the first section of this Act, except such land or other property as has heretofore been designated by the President of the United States for military and other reservations of the Government of the United States, and except such land or other property or rights or interests therein as may have been sold or otherwise disposed of in accordance with law, are hereby granted to the government of the Commonwealth of the Philippine Islands when constituted.

RELATIONS WITH THE UNITED STATES PENDING COMPLE~E INDEPENDENCE

SEC. 6. After the date of the inauguration of the government of the Commonwealth of the Philippine Islands 177

ENCYCLOPEDIA OF THE PHILIPPINES trade relations between the United States and the Philippine Islands shall be as now provided by law, subject to the following exceptions: (a) There shall be levied, collected, and paid on all refined sugars in excess of fifty thousand long tons, and on unrefined sugars in excess of eight hundred thousand long tons, coming into the United States from the Philippine Islands in any calendar year, the same rates of duty which are required by the laws of the United States to be levied, collected, and paid upon like articles imported from foreign countries. (b) There shall be levied, collected, and paid on all coconut oil coming into the United States from the Philippine Islands in any calendar year in excess of two hundred thousand long tons, the same rates of duty which are required by the laws of the United States to be levied, collected, and paid upon like articles imported from foreign countries. (c) There shall be levied, collected, and paid on all yarn, twine, cord, cordage, rope, and cable, tarred or untarred, wholly or in chief value of manila (abaca) or other hard fibers, coming into the United States from the Philippine Islands in any calendar year in excess of a collective total of three million pounds of all such articles hereinbefore enumerated, the same rates of duty which are required by the laws of the United States to be levied, collected, and paid upon like articles imported from foreign countries. (d) In the event that in any year the limit in the case of any article which may be exported to the United States free of duty shall be reached by the Philippine Islands, the amount or quantity of such articles produced or manufactured in the Philippine Islands thereafter that may be so exported to the United States free of duty shall 178

GOVERNMENT AND POLITICS be allocated, under export permits issued by the government of the Commonwealth of the Philippine Islands, to the producers or manufacturers of such articles proportionately on the basis of their exportation to the United States in the preceding year; except that in the case of unrefined sugar the amount thereof to be exported annually to the United States free of duty shall be allocated to the sugar-producing mills of the Islands proportionatelyon the basis of their average annual production for the calendar years 1931, 1932, and 1933, and the amount of sugar from each mill which may be so exported shall be allocated in each year between the mill and the planters on the basis of the proportion of sugar to which the mill and the planters are respectively entitled. The Government of the Philippine Islands is authorized to adopt the necessary laws and regulations for putting into effect the allocation hereinbefore provided. (e) The government of the Commonwealth of the Philippine Islands shall impose and collect an export tax on all articles that may be exported to the United States from the Philippine Islands free of duty under the provisions of existing law as modified by the foregoing provisions of this Section, including the articles enumerated in subdivisions (a), (b), and (c), within the limitations therein specified, as follows: (1) During the sixth year after the inauguration of the new government the export tax shall be 5 per centum of the rates of duty which are required by the law:s of the United States to be levied, collected, and paid on like articles imported from foreign countries; (2) During the seventh year after the inauguration of the new government the export tax shall be 10 per cen179

ENCYCLOPEDIA OF THE PHILIPPINES tum of the rates of duty which are required by the laws of the United States to he levied, collected, and paid on like articles imported from foreign countries; (3) During the eighth year after the inauguration of the new government the export tax shall be 15 per centum of the rates of duty which are required by the laws of the United States to be levied, collected, and paid on like articles imported from foreign countries; (4) During tbe ninth year after the inauguration of the new government the export tax shall be 20 per centum of the rates of duty which are required by the laws of the United States to be levied, collected, and paid on like articles imported from foreign countries; (5) Aftet the expiration of the ninth year after the inauguration of the new government the export tax shall be 25 per centum of the rates of duty which are required by the laws of the United States to be levied, collected, and paid on like articles imported from foreign countries.

The government of the Commonwealth of the Philippine Islands shall place all funds received from such export taxes in a sinking fund, and such fund shall, in addition to other moneys available for that purpose, be applied solely to the payment of the principal and interest on the bonded indebtedness of the Philippine Islands, its Provinces, municipalities, and instrumentalities, until such indebtedness has been fully discharged.

When used in this section in a geographical sense, the term "United States" includes all territories and possessions of the United States, except the Philippine Islands, the Virgin Islands, American Samoa, and the island of Guam.

SEC. 7. Until the final and complete withdrawal of American sovereignty over the Philippine IslandsISO

GOVERNMENT AND POLITICS (1) Every duly adopted amendment to the constitution of the government of the Commonwealth of the Philippine Islands shall be submitted to the President of the United States for approval. If the President approves the amendment or if the President fails to disapprove such amendment within six months from the time of its submission, the amendment shall take effect as a part of such constitution.

(2) The President of the United States shall have authority to suspend the taking effect of or the operation of any law, contract, or executive order of the government of the Commonw;ealth of the Philippine Islands, which in his judgrrient will result in a failure of the government of the Commonwealth of the Philippine. Islands to fulfill its contracts, or to meet its bonded indebtedness and interest thereon or to provide for its sinking funds, or which seems likely to impair the reserves for the protection of the currency of the Philippine Islands, or which in his judgment will violate international obligations of the United States.

(3) The Chief Executive of the Commonwealth of the Philippine Islands shall make an annual report to the President . and Congress of the United States of the proceedings and operations of the government of the Commonwealth of the Philippine Islands and shall make such other reports as the President or Congress may request.

(4) The President shall appoint, by and with the advice and consent of the Senate, a United States High Commissioner to the government of the Commonwealth of the Philippine Islands who shall hold office at the pleasure of the President and until his successor is appointed and qualified. He shall be known as the United States High Commissioner to the Philippine Islands. He shall be the representative of the President of the United States in the Philippine Islands and shall be recognized as such by the 181

ENCYCLOPEDIA OF THE PHILIPPINES government of the Commonwealth of the Philippine Islands, by the commanding officers of the military forces of the United States, and by all civil officials of the United States in the Philippine Islands. He shall have access to all records of the government or any subdivision thereof, and shall be furnished by the Chief Executive of the Commonwealth of the Philippine Islands with such information as he shall request.

If the government of the Commonwealth of the Philippine Islands fails to pay any of its bonded or other indebtedness or the interest thereon when due or to fulfill any of its contracts, the United States High Commissioner shall immediately report the facts to the President, who may thereupon q.irect the Hign Commissioner to take over the customs offices and administration of the same, administer the same, and apply such part of the revenue received therefrom as may be necessary for the payment of such overdue indebtedness or for the fulfillment of such contracts. The United States High Commissioner shall annually, and at such other times as the President may require, render an official report to the President and Congress of the United States. He shall perform such additional duties and functions as may be delegated to him from time to time by the President under the provisions of this Act. The United States High Commissioner shall receive the same compensation as is now received by the GovernorGeneral of the Philippine Islands, and shall have such staff and assistants as the President may deem advisable and as may be appropriated for by Congress, including a financial expert who shall receive for submission to the High Commissioner a duplicate copy of the reports of the Insular Auditor. Appeals from decisions of the Insular Au182

GOVERNMENT AND POLITICS ditor may be taken to the President of the United States.

The salaries and expenses of the High Commissioner and his staff and assistants shall be paid by the United States.

The first United States High Commissioner appointed under this Act shall take office upon the inauguration of the new government of the Commonwealth of the Philippine Islands.

(5) The government of the Commonwealth of the Philippine Islands shall provide for the selection of a Resident Commissioner to the United States, and shall fix his term of office. He shall be the representative of the government of Commonwealth of the Philippine Islands and shall be entitled to official recognition as such by all departments upon present ation to the President of credentials signed by the Chief Executive of said government.

He shall have a seat in the House of Representatives of the United States, with the right of debate, but without the right of voting. His salary and expenses shall be fixed and paid by the Government of the Philippine Islands. Until a Resident Commissioner is selected and qualified under this section, existing law governing the appointment of Resident Commissioners from the Philippine Islands shall continue in effect.

(6) Review by the Supreme Court of the United States of cases from the Philippine Islands shall be as now provided by law; and such review shall also extend to all cases involving the constitution of the CommonWiealth of the Philippine Islands.

SEC. 8. (a) Effective upon the acceptance of this Act by concurrent resolution of the Philippine Legislature or by a convention called for that purpose, as provided in section 17183

ENCYCLOPEDIA OF THE PHILIPPINES (1) For the purposes of the Immigration Act of 1917, the Immigration Act of 1924 [except section 13 (c)], this section, and all other laws of the United States relating to the immigration, exclusion, or expulsion of aliens, citizens of the Philippine Islands who are not citizens of the United States shall be considered as if they were aliens.

For such purposes the Philippine Islands shall be considered as a separate country and shall have for each fiscal year a quota of fifty. This paragraph shall not apply to a person coming or seeking to come to the Territory of Hawaii who does not apply for and secure an immigration or passport visa, but such immigration shall he determined by the Department of the Interior on the basis of the needs of industries in the Territory of Hawaii.

(2) Citizens, of the Philippine Islands who are not citizens of the United States shall not be admitted to the continental United ~tates from the Territory of Hawaii (whether entering such Territory before or after the effective date of this section) unless they belong to a class declared to be non-immigrants by section 3 of the Immigration Act of 1924 or to a class declared to be non-quota immigrants under the provisions of section 4 of such Act other than subdivision (c) thereof, or unless they were admitted to such Territory under an immigration visa.

The Secretary of Labor shall by regulations provide a method for such exclusion and for the admission of such excepted classes.

(3) Any Foreign Service officer may be assigned to duty in the Philippine Islands, under a commission as a consular officer, for such period as may be necessary and under such regulations as the Secretary of State may prescribe, during which assignment such officer shall be considered as stationed in a foreign country; but his powers and duties shall be confined to the performance of such of 184

GOVERNMENT AND POLITICS the official acts and notarial and other services, which such officer might properly perform in respect of the administration of the immigration laws if assigned to a foreign country as a consular officer, as may be authorized by the Secretary of State.

(4) For the purposes of sections 18 and 20 of the Immigration Act of 1917, as amended, the Philippine Islands shall be considered to be a foreign country. (}:}) The provisions of this section are in addition to the provisions of the immigrantion laws now in force, and shall be enforced as a part of such laws, and all the penal or other .provisions of such laws, not inapplicable, shall apply to and be enforced in connection with the provisions of this section. An alien, although ' admissible under the provisions of this section, shall not be admitted to the United States if he is excluded by any provision of the immigration laws other than this section, and an alien, although admissible under the provisions of the immigration laws other than this section, shall not be admitted to the United States if he is excluded by any provision of this section. (c) Terms defined in the Immigration Act of 1924 shall, when used in this section, have the meaning assigned to such terms in that Act. SEC. 9. There shall be no obligation on the part of the United States to meet the interest or principal of bonds and other obligations of the Government of the Philippine Islands or of the Provincial and municipal governments thereof, hereafter issued during the continuance of United States sovereignty in the Philippine Islands: Provided, That such bonds and obligations hereafter issued shall not be exempt from taxation in the United States or by authority of the United States.

185

ENCYCLOPEDIA OF THE PHILIPPINES RECOGNITION OF PHILIPPINE INDEPENDENCE AND WITHDRAWAL OF AMERICAN SOVEREIGNTY

SEC. 10. (a) On the 4th day of July, immediately following the expiration of a period of ten years from the date of the inauguration of the new government under the constitution provided for in this Act, the President of the United States shall by proclamation withdraw and surrender all right of possession, supervision, jurisdiction, control, or sovereignty then existing and exercised by the United States in and over the territory and people of the Philippine Islands, including all military and other reservations of the Government of the United States in the Philippines (except such naval reservations and fueling stations as are reserved under Section 5), and on behalf of the United States, shall recognize the independence of the Philippine Islands as a separate and self-governing nation and acknowledge the authority and control over the same of the government instituted by the people thereof, under the constitution then in force. (b) The President of the United States is hereby authorized and empowered to enter into negotiation wli th the government of the Philippine Islands, not later than two years after his proclamation recognizing the independence of the Philippine Islands, for the adj ustment and settlement of all questions relating to naval reservations and fueling stations of the United States in the Philippine Islands, and pending such adjustment and settlement the matter of naval reservations and fueling stations shall remain in the present status.

NEUTRALIZATION OF PHILIPPINE ISLANDS

SEC. 11. The President is requested, at the earliest practicable date, to enter into negotiations with foreign 186

GOVERNMENT AND POLITICS powers with a view to the conclusion of a treaty for the perpetual neutralization of the Philippine Islands. if and when Philippine independence shall have been achieved.

NOTIFICATION TO FOREIGN GOVERNMENTS

SEC. 12. Upon the proclamation and recognition of the independence of the Philippine Islands, the President shall notify the governments with which the United States is in diplomatic correspondence thereof and invite said governments to recognize the independence of the Philippine Islands.

TARIFF DUTIES AFTER INDEPENDENCE \

SEC. 13. After the Philippine Islands have become a free and independent nation there shall be levied, collected, and paid upon all a.rticles coming into the United States from the Philippine Islands the rates of duty which are required to be levied, collected, and paid upon like articles imported from other foreign countries: Provided, That at least one year prior to the date fixed in this Act for the independence of the Philippine Islands, there shall be held a conference of representatives of the Government of the United States and the government of the Commonwealth of the Philippine Islands, such representatives to be appointed by the President of the United States and the Chief Exceutive of the Commonwealth of the Philippine Islands, respectively, for the purpose of formulating recommendations as to future trade relations between the G<>vernment of the United States and the independent Government of the Philippine Islands, the time, place, and manner of holding such conference to be determined by the President of the United States; but nothing in this proviso shall be construed to modify or affect in any way any 187

ENCYCLOPEDIA OF THE PHILIPPINES provision of this Act relating to the procedure leading up to Philippine independence or the date upon which the Philippine Islands shall become independent.

IMMIGRATION AFTER INDEPENDENCE

SEC. 14. Upon the final and complete withdrawal of American sovereignty over the Pliilippine Islands the immigration laws of the United States (including all the provisions thereof relating to persons ineligible to citizenship) shall apply to persons who were born in the Philippine Islands to the same extent as in the case of other foreign countries.

CERTAIN STATUTES CONTINUED IN FORCE

SEC. 15. Except as in this Act otherwise provided, the laws now or hereafter in force in the Philippine Islands shall continue in force in the Commonwealth of the Philippine Islands until altered, amended, or repealed by the Legislature of the Commonwealth of the Philippine Islands or by the Congress of the United States, and all references in such laws to the Government or officials of the Philippines or Philippine Islands shall be construed, in so far as applicable, to refer to the government and corresponding officials respectively of the Commonwealth of the Philippine Islands. The government of the Commonwealth of the Philippine Islands shall be deemed successor to the present Government of the Philippine Islands and of all the rights and obligations thereof. Except as otherwise provided in this Act, all laws or parts of laws relating to the present Government of the Philippine Islands and its administration are hereby repealed as of the date of the inauguration of the government of the Commonwealth of the Philippine Islands.

188

GOVERNMENT AND POLITICS SEC. 16. If any provision of this Act is declared unconstitutional or the applicability thereof to any person or circumstance is held invalid, the validity of the remainder of the Act and the applicability of such provisions to other persons and circumstances shall not be affected thereby.

EFFECTIVE DATE

SEC. 17. The foregoing provisions of this Act shall not take effect until accepted by concurrent resolution of the Philippine Legislature or by a convention called for the purpose of passing upon that question as may be provided by the Philippine Legislature.

Approved, March 24, 1934.

189

CONSTITUTION OF THE PHILIPPINES [Adopted by the Philippine Constitutional Convention at the City of Manila, Philippine Islands, on the eighth day of February, nineteen hundred and thirty-five, and approved by the President of the United States on the twenty-third day of March, nineteen ~undred and thirty-five.]

The Filipino people, imploring the aid of Divine Providence, in order to establish a government that shall embody their ideals, conserve and develop the patrimony of the nation, promote the general welfare, and secure to themselve.s and their posterity the blessings路 of independence under a regime of justice, liberty, and democracy, do ordain and promulgate this Constitution.

ARTICLE I.-THE NATIONAL TERRITORY

SECTION 1. The Philippines comprises all the territory ceded to the United States by the treaty of Paris concluded between the United States and Spain on the tenth day of December, eighteen hundred and ninety-eight, the limits of which are set forth in Article III of said treaty, together with all the islands embraced in the treaty concluded at Washington, between the United States and Spain on the seventh day of November, nineteen hundred, and in the treaty concluded between the United States and Great Britain on the second day of January, nineteen hundred and thirty, and all territory over which the present Government of the Philippine Islands exercises jurisdiction.

ARTICLE n.-DECLARATION OF PRINCIPLES

SECTION 1. The Philippines is a republican state.

Sovereignty resides in the people and all government authority emanates from them.

190

GOVERNMENT AND POLITICS SEC. 2. The defense of the State is a prime duty of government, and in the fulfillment of this duty all citizens may be required by law to render personal military or civil service.

SEC. 3. The Philippines renounces war as, an instrument of national policy, and adopts the generally accepted principles of international law as a part of the law of the Nation.

SEC. 4. The natural right and duty of parents in the rearing of the youth for civic efficiency should receive the aid and support of the Government.

SEC. 5. The promotion of social justice to insure the well-being' and economic security of all the people should be the concern of the State.

ARTICLE

I1I.-BILL OF RIGHTS

SECTION 1. (1) No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.

(2) Private property shall not be taken for public use without just compensation.

(3) The right of the people to be secure in their persons, houses, papers, and effects. against unreasonable searches and seizures shall not be violated, and no warrants shall issue but upon probable cause, to be determined by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched, and the personS! or things to be seized.

(4) The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired.

(5) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court or when public safety and order require otherwise.

191

ENCYCLOPEDIA OF THE PHILIPPINES (6) The right to form associations or societies for purposes not contrary to law shall not be abridged.

(7) No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof, and the free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.

(8) No law shall be passed abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and petition the Government for redress of grievances.

(9) No law granting a title of nobility shall be enacted, and no person holding any office of profit or trust shall, without the consent of the National Assembly, accept any present, emolument, office, or title of any kind whatever from any foreign state.

(10) No law impairing the obligation of contracts shall be passed.

(11) No ex post facto law or bill of attainder shall be enacted.

(12) No person shall be imprisoned for debt or nonpayment of a poll tax.

(13) No involuntary servitude in any form shall exist except ~s a punishment for crime whereof the party shall have been duly convicted.

(14) The privilege of the writ of h'abeas, corpus shall not be suspended except in cases of invasion, insurrection, or rebellion, when the public safety requires it, in any of which events the same may be suspended whereever during such period the necessity for such suspension shall exist.

(15) No person shall be held to answer for a criminal offense without due process of law.

192

GOVERNMENT AND POLITICS (16) All persons shall before conviction be bailable by sufficient sureties, except those charged with capital offenses when evidence of guilt is strong. Excessive bail shall not be required.

(17) In all criminal prosecutions the accused shall be presumed to be innocent until the contrary is proved, and shall enj oy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy and public trial, to meet the witnesses face to face, and to have compulsory process 't o secure the attendance of witnesses in his behan:.

(18) No person shall be compelled to be a witness against himself.

(19) Excessive fines shall not be imposed, nor cruel and unusual punishment inflicted.

(20) No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act.

(21) Free access to the courts shall not be denied to any person by reason of poverty.

ARTICLE

IV.-CITIZENSHIP

SECTION 1. The following are citizens of the Philippines: (1) Those who are citizens of the Philippine Islands at the time of the adoption of this Constitution.

(2) Those born in the Philippine Islands of foreign parents who, before the adoption of this Constitution, had been elected to public office in the Philippine Islands.

(3) Those whose fathers are citizens of the Philippines.

193

ENCYCLOPEDIA OF THE PHILIPPINES (4) Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship.

(5) Those who are naturalized in accordance with law.

SEC. 2. Philippine citizenship may be lost or reacquired in the manner provided by law.

ARTICLE V.-SUFFRAGE

SECTION 1. Suffrage may be exercised by male citizens of the Philippines not otherwise disqualified by law, who are twenty-one years of age or over and are able to read and write, and who shall have resided in the Philippines for one year and in the municipality wherein they propose to vote for at least six months preceding the election. The National Assembly shall extend the right of suffrage to women, if in a plebiscite which shall be held for that purpose within two years after the adoption of this Constitution, not less than three hundred thousand women possessing the necessary qualifications shall vote affirmatively on the question.

ARTICLE VI.-LEGISLATIVE DEPARTMENT

SECTION 1. The Legislative power shall be vested in a Natbnal Assembly. The Members of the National Assembly shall not exceed one hundred and twenty, shall be chosen every three years, and shall be apportioned among the several provinces as nearly as may be according to the number of their respective inhabitants" but each province shall have at least one Member. The National Assembly shall by law make an apportionment within three years after the return of every enumeration, and not otherwise. Until such apportionment shall have been made, the National Assembly shall consist of ninety-eight Members, 194

GOVERNMENT AND POLITICS of whom eighty-seven shall be elected by the representative districtg as now provided by law; and three by the Mountain Province, and one by each of the other eight existing special provinces. The Members of the National Assembly in the provinces of Sulu, Lanao, and Cotabato shall be chosen as may be determined by law; in all other provinces they shall be elected by the qualified voters therein.

SEC. 2. No person shall be a Member of the National Assembly unless he has been five years a citizen of the Philippines, is at least thirty years of age, and, at the time of his election, a qualified elector, and a resident of the province in which he is chosen for not less than one year immediately prior to his election.

SEC. 3. (1) In case of vacancy in the National Assembly a special election may be called in the corresponding district, in the manner prescribe~ by law, but the Member thus elected shall s~rve only for the unexpired -term.

(2) Elections for the National Assembly shall be held on the dates fixed by law.

(3) The National Assembly shall convene in regular session once every year, on the second Monday of the month immediately following that on which the election of its Members was held, unless a different date is fixed by law. The National Assembly may be called in special session at any time by the President to consider general legislation or only such subjectBt as he may designate. No special session shall continue longer than thirty days and no regular session longer than one hundred days, exclusive of Sundays.

(4) The National Assembly shall choose its Speaker, a secratary, a sergeant-at-arms, and such other officers as may be required. A majority of all the Members shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and may compel the at195

ENCYCLOPEDIA OF THE PHILIPPINES tendance of absent Members, in such manner and under such penalties as the National Assembly may provide.

(5) The National Assembly may determine the rules of its proceedings, punish its Members for disorderly behavior, and, with the concurrence of two-thirds, expel a Member. It shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as may in its judgment require secrecy; and the yeas and nays on any question shall, at the request of one-fifth of its Members present, be entered in the Journal.

SEC. 4. There shall be an Electoral Commission composed of three Justices of the Supreme Court designated by the Chief Justice, and of six Members chosen by the National AssemPly, three of whom shall be nominated by the party having the largest number of votes, and three by the party having the second largest number of votes therein. The senior Justice in the Commission shall be its Chairman. The Electoral Commission shall be the sole judge of all contests relating to the election, returns, and qualifications of the Members of the National Assembly.

SEC. 5. The Members of the National Assembly shall, unless otherwise provided by law, receive an annual comp.e nsation of five thousand pesos each including per diems and other emoluments or allowances and exclusive only of travelling expenses to and from their respective districts when attending sessions of the National Assembly. No increase in said compensation shall take effect until after the expiration of the full term of the Members of the National AssemblY. elected subsequent to \the approval of such increase. The Speaker of the National Assembly shall receive an annual compensation of sixteen thousand pesos until otherwise provided by law.

SEC. 6. The Members of the National Assembly shall in all cases except treason, felony, and breach of the peace, be privileged from arrest during their attendance 196

GOVERNMENT AND POLITICS at the sessions of the National Assembly, and in going to and returning from the same; and for any speech or debate therein, they shall not be questioned in any other place.

SEC. 7. The National Assembly shall elect from among its Members, on the basis! of proportional representation of the political parties therein, a Commission on Appointments and a Commission on Impeachment, each to consist of twenty-one members. These Commissions shall be constituted within thirty days after the National Ass.embly shall have been organized with the election of its Speaker, and shall meet only while the National Assembly is in session, at the call of their respective Chairmen or a majority of their members, to discharge such powers and functions as are herein conferred upon them.

SEC. 8. (1) No Member of the National Assembly may hold any other office or employment in the Government without forfeiting his seat, nor shall any such Member during the time for which he was elected, be appointed to any civil office which may have been created or the emoluments whereof shall have been increased while he was a Member of the National Assembly.

(2) No Member of the National Assembly shall directly or indirectly be financially interested in any contract with the Government or any subdivision or instrumentality thereof, or in any franchise or special privilege granted by the National Assembly during his term of office; nor shall any such Member appear as counsel before the Electoral Commission or any court in any civil case wherein the Government or any subdivision or instrumentality thereof is the adverse party, or collect any fee for his appearance in any administrative proceedings or in any criminal case wherein an officer or employee of the Government is accused of an offense committed in relation 197

ENCYCLOPEDIA OF THE PHILIPPINES

to his office. No Member of the Commission on Appointments of the National Assembly shall appear as counsel before any court inferior to the Supreme Court.

SEC. 9. (1) The President shall submit within fifteen days of the opening of each regular session of the National Assembly a budget of receipts and expenditures, which shall be the basis of the general appropriation bill.

The National Assembly may not increase the appropriations recommended by the President for the operation of the Government as specified in the Budget, except the appropriations for the National Assembly and the Judicial Department. The form of the Budget and the information that it should contain shall be prescribed by law.

(2) No provision or enactment shall be embraced in the generall3.ppropriation, unless it r:elates specifical~y to some particular appropriation in the bill; and any such provision or enactment shall be limited in its operation to such appropriation.

SEC. 10. The heads of departments upon their own initiative or upon the request of the National Assembly may appear before and be heard by the National Assembly on any matter pertaining to their departments, unless the public interest shall require otherwise and the President shall so state in writing.

SEC. 11. (1) Every bill which shall have passed the National Assembly shall, before it becomes a law, be presented to the President. If he approve the same, he shall sign it; but if not, he shall return it with his objections to the National Assembly, which shall enter the objections at large on its Journal and proceed to reconsider it.

If, after such reconsideration, two-thirds of all the Members of the National Assembly shall agree to pass the bill, it shall become a law. In all such cases the votes of the National Assembly shall be determined by yeas and nays, and 198

GOVERNMENT AND POLITICS the names of the Members voting for and against shall be entered on the Journal. If any bill shall not be returned by the Pz:esident as herein provided within twenty days (Sundays excepted) after it shall have been presented to him, the same shall become a law in like manner as if he had signed it, unless the National Assembly by adjournment prevent its return, in which case it shall become a law unless vetoed by the President within thirty days after adjournment.

(2) The President shall have the power to veto any particular item or items of an appropriation bill, but the veto shall not affect the item or items to which he does not object. When a provision of an appropriation bill affects one or more items of the same" the President cannot veto the provision without at the same time vetoing the particular item or items to which it relates.

The item or items objected to shall not take effect except in the manner heretofore provided as to bills returned to tne National Assembly without the approval of the President. If the veto refers to a bill or any item of an appropriation bill which appropriates a sum in excess of ten per centum of the total amount voted in the appropriation bill for the general expenses of the Government for the preceding year, or if it should refer to a bill authorizing an increase of the public debt, the same shall not become a law unless approved by three-fourths of all the Members of the National Assembly.

(3) The President shall have the power to veto any separate item or items in a revenue or tariff 'bill, and the item or items vetoed shall not take effect except in the manner provided as to bills vetoed by the President.

SEC. 12. (1) No bill which may be enacted into law shall embrace more than one subject which shall be expressed in the title of the bill.

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ENCYCLOPEDIA OF THE PHILIPPINES (2) No bill shall be passed or become a law unless it shall have been printed and copies thereof in its final form furnished the Members at least three calendar days prior to its passage by the National Assembly, except when the President shall have certified to the necessity of its immediate enactment. Upon the last reading of a bill no amendment thereof shall be allowed, and the question upon its final passage shall be taken immediately thereafter, and the yeas and nays entered on the Journal.

SEC. 13. (1) All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only. If the purpose for which a special fund was created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds. of, the Government.

(2) No monef shall be paid out of the Treasury except in pursuance of an appropriation made by law.

(3) No public money or property shall ever be appropriated, applied, or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or for the use, benefit, or support of any priest, preacher, minister, or other religious teacher or dignitary as such, except when such priest, preacher, minister, or dignitary is assigned to the armed forces or to any penal institution, orphanage, or leprosarium.

SEC. 14. (1) The rule of taxation shall be uniform.

(2) The National Assembly may by law authorize the President, subject to such limitations and restrictions as it may impose, to fix within specified limits, tariff rates, import or export quotas, and tonnage and wharfage dues.

(3) Cemeteries, churches, and parsonages or convents appurtenant thereto, and all lands, buildings, and improvements used exclusively for religious, charitable, or educational purposes shall be exempt from taxation.

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GOVERNMENT AND POLITICS SEC. 15. The National Assembly shall, with the concurrence of two-thirds of all its Members, have the sole power to declare war.

SEC. 16. In times of war or other national emergency, the National Assembly may by law authorize the President, for a limited period and subject to such restrictions as it may prescribe, to promulgate rules and regulations to carry out a declared national policy.

ARTICLE

VII.-EXECUTIVE DEPARTMENT

SECTION 1. The Executive power shall be vested in a President of the Philippines.

SEC. 2. The President shall hold his office during a term of six years, and together with the Vice-President chosen for the same term, shall be elected by direct vote of the people. The elect ion retur ns for President and VicePresident, duly certified by the board of canvassers of each province, shall be transmitted to the National Assembly. Upon receipt of such returns the National Assembly shall forthwith, in public session, count the votes, and proclaim the persons elected President and VicePresident. The persons respectively having the highest number of votes for President and Vice-President shall be declared elected, but in case two or more shall have an equal and the highest number of votes for either office, the National Assembly shall, by a majority vote of all its Members, elect one of said persons as President or Vice-President.

SEC. 3. No person may be elected to the office of President or Vice-President, unless he be a natural-born citizen of the Philippines, a qualified voter, forty years of age or over, and has been a resident of the Philippines for at least ten years immediately preceding the election.

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ENCYCLOPEDIA OF THE PHILIPPINES SEC. 4. No person elected President may be reelected for the following term, nor shall the Vice-President or any other person who may have succeeded to the office of President as herein provided at least one year before the election, be eligible to the office of President at such election.

SEC. 5. Elections for President and Vice-President shall be held once every six years on a date to be fixed by the National Assembly.

SEC. 6. The terms of the President and Vice-President shall end at noon on the thirtieth day of December following the expiration of six years after their election, and the terms of their successors shall begin from such time.

SEC. 7. If, at the time fixed for the beginning of the term of the President, the President-elect shall have died, the Vice-President-elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President-elect shall have failed to qualify, then the Vice-President shall act as President until a President shall have qualified, and the National Assembly may by law provide for the case wherein neither a President-elect nor a Vice-President-elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice-President shall have qualified.

SEC. 8. Before he enter on the execution of his office, the President shall take the following oath or affirmation: "I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as President of the Philippines, preserve and defend its Constitution, execute its laws, do justice to every man, and 202

GOVERNMENT AND POLITICS consecrate myself to the service of the Nation. So help me God." (In case of affirmation, last sentence will be omitted.)

SEC. 9. In the event of the removal of the President from office 01' of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President, and the National Assembly shall by law provide for the case of removal, death, resignation, or inability, both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected.

SEC. 10. The President shall have an official residence and receive a compensation to be ascertained by law which shall be neither increased nor diminished during the period for which he shall have been ~lected, and he shall not receive within that period any other emolument from the Government or any of its subdivisions or instrumentalities.

Until the National Assembly shall provide otherwise, the Pres.ident shall receive an annual salary of thirty thousand pesos. The Vice-President, when not acting as President, shall receive an annual compensation of fifteen thousand pesos until otherwise provided by law.

SEC. 11. (1) The President shall have control of all the executive departments, bureaus, or offices, exercise general supervision over all local governments as may be provided by law, and take care that the laws be faithfully executed.

(2) The President shall be commander-in-chief of all armed forces of the Philippines and, whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion, insurrection, or rebellion. In case of invasion, insurrection, or rebellion, or imminent danger' thereof, when the public safety requires 203

ENCYCLOPEDIA OF THE PHILIPPINES it, he may suspend the privileges of the writ of habeas corpus, or place the Philippines or any part thereof under martial law.

(3) The President shall nominate and with the consent of the Commission on Appointments of the National Assembly, shall appoint the heads of the executive departments and bureaus, officers of the Army from the rank of colonel, of the Navy and air forces from the rank of captain or commander, and all other officers of the Government whose appointments are not herein otherwise provided for, and those whom he may be authorized by law to appoint; but the National Assembly may by law vest the appointment of inferior officers, in the President alone, in the courts, or in the heads of departments.

(4) The President shall have the power to make appointments during the recess of the National Assembly, but such appointm nts shall be effective only until disapproval by the Commission on Appointments or until the next adjournment of the National Assembly.

(5) The President shall from time to time give to the National Assembly information of the state of the Nation, and recommend to its consideration such measures as he shall judge necessary and expedient.

(6) The President shall have the power to grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction, for all offenses, except in cases of impeachment, upon such conditions and with such restrictions and limitations as he may deem proper to impose.

He shall have the power to grant amnesty with the concurrence of the National Assembly.

(7) The President shall have the power, with the concurrence of a majority of all the Members of the National Assembly, to make treaties, and with the consent of the Commission on Appointments, he sha11 appoint ambas204

GOVERNMENT AND POLITICS sadors, other public ministers, and consuls. He shall receive ambassadors and other ministers duly accredited to the Government of the Philippines.

SEC. 12. (1) The executive departments of the present Government of the Philippine Isla~ds shall continue as now authorized by law until the National Assembly shall provide otherwise.

(2) The heads of departments and chiefs of bureaus or offices and their assistants shall not, during their continuance in office, engage in the practice of any profession, or intervene, directly or indirectly, in the management or control of any private enterprise which in any way may be affected by the functions of their office; nor shall they, directly or indirectly, be financially interested in any contract with the Government, or any subdivision or instrumentality thereof.

(3) The President may appoint the Vice-President as a member of his cabinet and also as head of an executive department.

ARTICLE

VIII.-JUDICIAL DEPARTMENT

SECTION 1. The Judicial power shall be vested in one Supreme Court and in such inferior courts as may be established by law.

SEC. 2. The National Assembly shall have the power to define, prescribe, and apportion the jurisdiction of the various courts, but may not deprive the Supreme Court of its original jurisdiction over cases affecting ambassadors, other public ministers, and consuls, nor of its jurisdiction to review, revise, reverse, modify, or affirm on appeal, certiorari, or writ of error, as the law or the rules of court may provide, final judgments and decrees of inferior courts in205

ENCYCLOPEDIA OF THE PHILIPPINES (1) All cases in which the constitutionality or validity of any treaty, law, ordinance, or executive order or regulation is in question.

(2) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto. (.3) All cases in which the jurisdiction of any trial court is in issue.

(4) All criminal cases in which the penalty imposed is death or life imprisonment.

(5) All cases in which an error or question of law is involved.

SEC. 3. Until the National Assembly shall provide otherwise, the Supreme Court shall have such original and appellate jurisdiction as may be possessed and exercised by the Supreme C'Ourt of the Philippine Islands at the time of the adoption of this Constitution. The original - jurisdiction of the Supreme Court shall include all cases affecting ambassadors, other public ministers, and consuls.

SEC. 4. The Supreme Court shall be composed of a Chief Justice and ten Associate Justices and may sit either in bane or in two divisions unless otherwise provided by law.

SEC. 5. The members of the Supreme Court and all judges of inferior courts shall be appointed by the President with the consent of the Commission on Appointments of the National Assembly.

SEC. 6. No person may be appointed member of the Supreme Court unless he has been five years a citizen of the Philippines, is at least forty years of age, and has for ten years or more been a judge of a court of record or engaged in the practice of law in the Philippines.

206

GOVERNMENT AND POLITICS SEC. 7. No judge appointed for a particular district shall be designated or transferred to another district without the approval of the Supreme Court. The National Assembly shall by law determine the residence of judges of inferior courts.

SEC. 8. The National Assembly shall prescribe the qualifications of judges of inferior courts, but no person may be appointed judge of any such courts unless he is a citizen of the Philippines and has been admitted to the practice 路of law in the Philippines.

SEC. 9. The members of the Supreme Court and all judges of inferior courts shall hold office during good behavior, until they reach the age of seventy years, or become incapacitated to discharge the duties of their office. They shall receive such compensation as may be fixed by law, which shall not be diminished during their continuance in office. Until the National Assembly shall provide otherwise, the Chief Justice of the Supreme Court shall receive an annual compensation of sixteen thousand pesos, and each Associate Justice, fifteen thousand pesos.

SEC. 10. All cases involving the constitutionality of a treaty or law shall be heard and decided by the Supreme Court in bane, and no treaty or law may be declared unconstitutional without the concurrence of two-thirds of all the members of the Court.

SEC. 11. The conclusions of the Supreme Court in any case submitted to it for decision shall be reached in consultation before the case is assigned to a Justice for the writing of the opinion of the Court. Any Justice dissenting from a decision shall state the reasons for his dissent.

SEC. 12. No decision shall be rendered by any court of record without expressing therein clearly and distinctly the facts and the law on which it is based.

207

ENCYCLOPEDIA OF THE PHILIPPINES SEC. 13.

The Supreme Court shall have the power

to promulgate rules concerning pleading, practice, and procedure in all courts, and the admission to the practice of law. Said rules shall be uniform for all courts of the same grade and shall not diminish, increase, or modify substantive rights. The existing laws on pleading, practice, and procedure are hereby repealed as statutes, and are declared Rules of Courts, subject to the power of the Supreme Court to alter and modify the same. The National Assembly shall have the power to repeal, alter, or supplement the rules concerning pleading, practice, and procedure, and the admission to the practice of law in the Philippines.

ARTICLE IX.-IMPEACHMENT

SECTION 1. The President, the Vice-President, the Justices of the Supreme Court, and the Auditor General, shall be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, or other high crimes.

SEC. 2. The Commission on Impeachment of the N ational Assembly, by a vote of two-thirds of its Members, shall have the sole power of impeachment.

SEC. 3. The National Assembly shall have the sole power to try all impeachments. When sitting for that purpose the Members shall be on oath or affirmation. When the President of the Philippines is on trial, the Chief Justice of the Supreme Court shall preside. No person shall be convicted without the concurrence of three-fourths of all the Members who do not belong to the Commission on Impeachment.

SEC. 4. Judgment in cases of impeachment shall not extend further than to ' removal from office and disqualification to hold and enjoy any office of honor, trust, or prof208

GOVERNMENT AND POLITICS it under the Government of the Philippines, but the party convicted shall nevertheless be liable and subject to prosecution, trial, and punishment, according to law.

AI~TICLE

X.-GENERAL AUDITING OFFICE

SECTION 1. There shall be a General Auditing Office under the direction and control of an Auditor General, who shall hold office for a term of ten years and may not be reappointed. The Auditor General shall be appointed by the President with the consent of the Commission on Appointments, and shall receive an annual compensation to be fixed by law which shall not be diminished during his continuance in office. Until the National Assembly shall provide otherwise, the Auditor General shall receive an annual compensation of twelve thousand pesos.

SEC. 2. The Auditor General shall examine, audit, and settle all accounts pertaining to the revenues and receipts from whatever source, including trust funds derived from bond issues; and audit, in accordance with law and administrative regulations, all expenditures of funds or property pertaining to or held in trust by the Government or the provinces or municipalities thereof. He shall keep the general accounts of the Government and preserve the vouchers pertaining thereto. It shall be the duty of the Auditor General to bring to the attention of the proper administrative officer expenditures of funds or property which, in his opinion, are irregular, unnecessary, excessive, or extravagant. He shall also perform such other functions as may be prescribed by law.

SEC. 3. The decisions of the Auditor General shall be rendered within the time fixed by law, and the same may be appealed to the President whose action shall be final.

When the aggrieved party is a private person or entity, an 209

ENCYCLOPEDIA OF THE PHILIPPINES appeal from the decision of the Auditor General may be taken directly to a court of record in the manner provided by law.

SEC. 4. The Auditor General shall submit to the President an~ the National Assembly an annual report covering the financial condition and operations of the Government, and such other reports as may be required.

ARTICLE XL-CIVIL SERVICE

SECTION 1. A Civil Service embracing all branches and subdivisions of the Government shall be provided by law. Appointments in the Civil Service, except as to those which are policy-determining, primarily confidential or highly technical 'n nature, shall be made only according to merit and fitness, to be determined as far as practicable by competitive examin~tion.

SEC. 2. Officers and employees in the Civil Service, including members of the armed forces, shall not engage directly or indirectly in partisan political activities or tal{e part in any election except to vote.

SEC. 3. No officer or employee of the Government shall receive additional or double compensation unless specifically authorized by law.

SEC. 4. No officer or employee in the Civil Service shall be removed or suspended except for cause as provided by law.

ARTICLE XII.-CONSERVATION AND UTILIZATION OF NATURAL RESOURCES

SECTION 1. All agricultural, timber, and mineral lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, and other natural resources of the Philippines belong to 210

GOVERNMENT AND POLITICS the State, and their disposition, exploitation, development, or utilization shall be limited to citizens of the Philippines, or to corporations or associ,a tions at least sixty per centum of the capital of which is owned by such citizens, subject to any â&#x201A;Źxisting right, grant, lease, or concession at the time of the inauguration of the Government established under this Constitution. Natural resources, with the exception of public agricultural land, shall not be alienated, and no license, concession, or lease for the exploitation, development, or utilization of any of the natural resources shall be granted for a period exceeding twenty-five years, renewable for another twenty-five years, except as to water rights for irrigation, water supply, fisheries, or industrial uses other than the develo.pment of water power, in which cases beneficial use may be the measure and the limit of the grant.

SEC. 2. No private corpor ation or association may acquire, lease, or hold public agricultural lands in excess of one thousand and twenty-four hectares, nor may any individual acquire such lands by purchase in excess of one hundred and forty-four hectares, or by lease in excess of one thousand and twenty-four hectares, or by homestead in excess of twenty-four hectares. Lands adapted to grazing, not exceeding two thousand hectares, may be leased to an individual, private corporation, or association.

SEC. 3. The National Assembly may determine by law the size of private agricultural land which individuals, corporations, or associations may acquire and hold, subject to rights existing prior to the enactment of such law.

SEC. 4. The National Assembly may authorize, upon payment of just compensation, the expropriation of lands to be subdivided into small lots and conveyed at cost to individuals.

211

ENCYCLOPEDIA OF THE PHILIPPINES SEC. 5. Save in cases of hereditary succession, no private agricultural land shall be transferred or assigned except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain in the Philippines.

SEC. 6. The State may, in the interest of national welfare and defense, establish and operate industries and means of transportation and communication, and, upon . payment of just compensation, transfer to public ownership utilities and other private enterprises to be operated by the Government.

ARTICLE XIII.-GENERAL PROVISIONS

SECTION 1. The flag of the Philippines shall be red, white, and blue, with a sun and three stars, as consecrated and honored by the people and recognized by law.

SEC. 2. All pu~lic officers and members of the armed forces shall take an oath to support and defend the Constitution.

SEC. 3. The National Assembly shall take steps toward the development and adoption of a common national language based on one of the existing native languages.

Until otherwise provided by law, English and Spanish shall continue as official languages.

SEC. 4. The State shall promote scientific research and invention. Arts and letters shall be under its patronage. The exclusive right to writings and inventions shall be secured to authors and inventors for a lim.ited period.

SEC. 5. All educational institutions shall be under the supervision of and subject to regulation by the State. The Government shall establish and maintain a complete and adequate system of public education, and shall provide at least free public primary instruction, and citizenship training to adult citizens. All schools shall aim to develop 212

GOVERNMENT AND POLITICS moral character, personal discipline, civic conscience, and vocational efficiency, and to teach the duties of citizenship.

Optional religious instruction shall be maintained in the public schools as now authorized by law. Universities established by the State shall enjoy academic freedom.

The State shall create scholarships in arts, science, and letters for specially gifted citizens.

SEC. 6. The State shall afford protection to labor, especially to working women and minors, and shall regulate the relations between landowner and tenant, and between labor and capital in industry and in agriculture. The State may provide for compulsory arbitration.

SEC. 路7. The National Assembly shall not, except by general law, provide for the formation, organization, or regulation of private corporations, unless such corporations are owned or controlled by the Government or any subdivision or instrum'entality thereof.

SEC. 8. No franchise, certificate, or any other form of authorization for the operation of a public utility shall be granted except to citizens of the Philippines or to corporations or other entities organized under the laws of the Philippines, sixty per centum of the capital of which is owned by citizens of the Philippines, nor shall such franchise, Gertificate, or authorization be exclusive in character or for a longer period than fifty years. No franchise or right shall be granted to any individual, firm, or corporation, except under the condition that it shall be subject to amendment, alteration, or repeal by the National Assembly when the public interest so requires.

SEC. 9. The Government shall organize and maintain a national police force to preserve public order and enforce the law.

SEC. 10. This Constitution shall be officially promulgated in English and Spanish, but in case of conflict the English text shall prevail.

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ENCYCLOPEDIA OF THE PHILIPPINES ARTICLE XIV.-AMENDMENTS

SECTION 1. The National Assembly, by a vote of threefourths of all its Members, may propose amendments to this Constitution or call a convention for that purpose.

Such amendments shall be valid as part of this Constitution when approved by a majority of the votes cast at an election at which the amendments are submitted to the people for their ratification.

ARTICLE XV.-TRANSITORY PROVISIONS

SECTION 1. The first election of the officers provided in this Constitution and the inauguration of the Government of the Commonwealth of the Philippines shall take place as provided in Public Act Numbered One hundred and twenty-seven of the Congress of the United States, approved March twenty-four, nineteen hundred and thirtyfour.

SEC. 2. All laws of the Philippine Islands shall continue in force lJ.ntil the inauguration of the Commonwealth of the Philippines; thereafter, such laws shall remain operative, unless inconsistent with this Constitution, until amended, altered, modified, or repealed by the National Assembly, and all references in such laws to the Government or officials of the Philippine Islands shall be construed, in so far as applicable, to refer to the Government and corresponding officials under this Constitution.

SEC. 3. All courts existing at the time of the adoption of this Constitution shall continue and exercise their jurisdiction, until otherwise provided by law in accordance with this Constitution, and all cases, civil and criminal, pending in said courts, shall be heard, tried, and determined under the laws then in force.

214

GOVERNMENT AND POLITICS SEC. 4. All officers and employees in the existing Government of the Philippine Islands shall continue in office until the National Assembly shall provide otherwise, but all officers whose appointments are by this Constitution vested in the President shall vacate their respective offices upon the appointment and qualification of their successors, if such appointment is made within a period of one year from the date of the inauguration of the Commonwealth of the Philippines.

SEC. 5. The Members of the National Assembly for the Mountai,n Province shall be elected as may be provided by law. The voters of municipali~ies and municipal districts formerly belonging to a special province and now forming part of regular provinces shall vote in the election for Members of the National Assembly in such districts as may be provided by law.

SEC. 6. The provisions of this Constitution, except those contained in this article and in Article V, and those which refer to the election and qualifications of officers to be elected under this Constitution, shall not take effect until the inauguration of the Commonwealth of the Philippines.

ARTICLE XVI.-SPECIAL PROVISIONS EFFECTIVE UPON THE PROCLAMATION OF THE INDEPENDENCE OF THE PHILIPPINES SECTION 1. Upon the proclamation of the President of the United States recognizing the independence of the Philippines(1) The property rights of the United States and the Philippines shall be promptly adjusted and settled, and all existing property rights of citizens or corporations of the United States shall be acknowledged, respected, and safeguarded to the same extent as property rights of citizens of the Philippines.

215

ENCYCLOPEDIA OF THE PHILIPPINES (2) The officials elected and serving under this Constitution shall be constitutional officers of the free and independent government of the Philippines and qualified to function in all respects as if elected directly under such Government, and shall serve their full terms of office as prescribed in this Constitution.

(3) The debts and liabilities of the Philippines, its provinces, cities, municipalities, and instrumentalities, which shall be valid and subsisting at the time of the final and complete withdrawal of the sovereignty of the United States, shall be assumed by the free and independent government of the Philippines; and where bonds have been issued under authority of an Act of Congress of the United States by the Philippine Islands, or any province, city, or municipality therein, the Government of the Philippines will mak~ adequate provision for the necessary funds for the payment of interest and principal, and such obligations shall be a first lien on all taxes collected.

(4) The Government of the Philippines will assume all continuing obligations of the United States under the Treaty of Peace with Spain ceding the Philippine Islands to the United States.

(5) The Government of the Philippines will embody the foregoing provisions of this article [except subsection (2)] in a treaty with the United States.

ARTICLE XVII.-THE COMMONWEALTH AND THE REPUBLIC

SECTION 1. The government established by this Constitution shall be known as the Commonwealth of the Philippines. Upon the final and complete withdrawal of the sovereignty of the United States and the proclamation of Philippine independence, the Commonwealth of the Philippines shall thenceforth be known as the Republic of the Philippines.

216

GOVERNMENT AND POLITICS ORDINANCE APPENDED TO THE CONSTITUTION

SECTION 1. Notwithstanding the provisions of the foregoing Constitution, pending the final and complete withdrawal of the sovereignty of the United States over the Philippines(1) 'All citizens of the Philippines shall owe allegiance to the United States.

(2) Every officer of the Government of the Commonwealth of the Philippines shall, before entering upon the discharge of his duties, take and subscribe an oath of office, declaring, among other things, that he recognizes and acc~pts the supreme authority of and will maintain true faith and allegiance to the United States.

(3) Absolute toleration of religious sentiment shall be secured and no inhabitant or religious organization shall be molested in person or property on account of religious belief or mode of worship.

(4) Property owned by the United States, cemeteries, churches, and parsonages or convents appurtenant thereto, and all lands, buildings, and improvements used exclusively for religious, charitable, or educational purposes shall be exempt from taxation.

(5) Trade relations between the Philippines and the United States shall be upon the basis prescribed in section six of Public Act Numbered One hundred and twenty-seven of the Congress of the United States approved March twenty-four, nineteen hundred and thirty-four.

(6) The public debt of the Philippines and its subordinate branches shall not exceed limits now or hereafter fixed by the Congress of the United States, and no loans shall be contracted in foreign countries without the approval of the President of the United States.

(7) The debts, liabilities, and obligations of the present Government of the Philippine Islands, its provinces, 217

ENCYCLOPEDIA OF THE PHILIPPINES municipalities, and instrumentalities, valid and subsisting at the time of the adoption of the Constitution, shall be assumed and paid by the Government of the Commonwealth of the Philippines.

(8) The Government of the Commonwealth of the Philippines shall establish and maintain an adequate system of public schools, primarily conducted in the English language.

(9) Acts affecting currency, coinage, imports, exports, and immigration shall not become law until approved by the President of the United States.

(10) Foreign af~airs shall be under the direct supervision and control of the United States.

(11) All acts passed by the National Assembly of the Commonwealth of the Philippines shall be reported to the Congress of the United States.

(12) The Ph路lippines recognizes the right of the United States to expropriate property for public uses, to maintain military and other reservations and armed forces in the Philippines, and, upon order of the President of the United States, to call into the service of such armed forces all military forces organized by the Government of the Commonwealth of the Philippines.

(13) The decisions of the courts of the Philippines shall be subject to review by the Supreme Court of the United States as now provided by law, and such review shall also extend to all cases involving the Constitution of the Philippines.

(14) Appeals from decisions of the Auditor General may be taken to the President of the United States.

(15) The United States may, by Presidential proclamation, exercise the right to intervene for the preservation of the Government of the Commonwealth of the Philippines and for the maintenance of the Government as provided in the Constitution thereof, and for the protection of 218

GOVERNMENT AND POLITICS life, property, and individual liberty and for the discharge of Government obligations under and in accordance with the provisions of the Constitution.

(16) The authority of the United States High Commissioner to the Government of the Commonwealth of the Philippines as provided in Public Act Numbered One hun: dred and twenty-seven of the Congress of the United States approved March twenty-four, nineteen hundred and thirtyfour, is hereby recognized.

(17) Citizens and corporations of the United States shall enjoy in the Commonwealth of the Philippines all the civil rights of the citizens and corporations, respectively, thereof.

(18) Evâ&#x201A;Źry duly adopted amendment to the Constitution of the Philippines shall be submitted to the President of the United States for approval. If the President approve the amendment or if the President fail to disapprove such amendment within six months from the time of its submission, the amendment shall take effect as a part of such Constitution.

(19) The President of the United States shall have authority to suspend the taking effect of or the operation of any law, contract, or executive order of the Government of the Commonwealth of the Philippines, which in his judgment will result in a failure of the Government of the Commonwealth of the Philippines to fulfill its contracts, or to meet its bonded indebtedness and interest thereon or to provide for its sinking funds, or which seems likely to impair the reserves for the protection of the currency of the Philippines, or which in his judgment will violate international obligations of the United States.

(20) The President of the Commonwealth of the Philippines shall make an annual report to the President and Congress of the United States of the proceedings and 219

ENCYCLOPEDIA OF THE PHILIPPINES operations of the Government of the Commonwealth of the Philippines and shall make such other reports as the President or Congress may request.

SEC. 2. Pending the final and complete withdrawal of the sovereignty of the United States over the Philippines, there shall be a Resident Commissioner of the Philippines to the United States who shall be appointed by the President of the Commonwealth of the Philippines with the consent of the Commission on Appointments. The powers and duties of the Resident Commissioner shall be as provided in section seven, paragraph five of Public Act Numbered One hundred and twenty-seven of the Congress of the United St~tes, approved March twenty-four, nineteen hundred and thirty-four, together with such other duties as the National Assembly may determine. The qualifications, compensation and expenses of the Resident Commissioner shall be fixed by law.

SEC. 3. All other provisions of Public Act Numbered One hundred and twenty-seven of the Congress of the United States, approved March twenty-four, nineteen hundred and thirty-four, applicable to the Government of the Commonwealth of the Philippines are hereby made a part of this Ordinance as if such provisions were expressly inserted herein.

220

BOOK

Two

POLITICS

The Struggle for Liberty * I DECLARATION OF PURPOSES

[Adopted by the Philippine Legislature on March 8, 1919, as a summary of facts and principles for the guidance of the Independence Commission.]

FOURTH PHILIPPINE LEGISLATURE, )

Special Session of 1919

)

RESOLUTION OF THE SENATE AND HOUSE OF REPRESENTATIVES OF THE PHILIPPINES, IN JOINT SESSION ASSEMBLED, ADOPTING A DECLARATION OF PURPOSES FOR THE GUIDANCE OF TH,E INDEPENDENCE OOMMISSION

Whereas the Independence Commission has informed the Philippine Legislature that it is ready to receive from it instructions or declarations for its future guidance, in order to insure the best possible performance of the duties of the Commission: Now, therefore,

Be it resolved by the Senate and House of Representativc.~ of the Philippines, in joint session assembled in the Ma1'ble Hall of the Ayuntamiento: That the following declaration of purposes be, and the same hereby is, adopted, to wit:

* Memorials, messages, or memoranda of the Philippine Independence Commission from 1919 to 1933.

223

ENCYCLOPEDIA OF THE PHILIPPINES DECLARATION OF PURPOSES

The Philippine question has developed to such a degree that a complete and final exchange of views between the United States of America and the Philippine Islands has become necessary. 'We need not repeat the declarations respecting the national aspirations of the Filipino people.

Such declarations have been made from time to time in the most frank and solemn manner by the constitutional representatives of the Filipino nation and are a matter of permanent record in pubJic documents covering more than a decade of persistent efforts, particularly in those of the last three years.

America, on her part, has been sufficiently explicit in her purposes since the beginning. It is true that the Paris Treaty, by which the legal title to a sovereignty formerly exercised here by Spain passed to the United States, was negotiated and concluded without the intervention or consent of the Filipinos, and that the United States of America did not occupy the Philippine Archipelago upon a previous categorical declaration like that formulated and made public before the occupation of Cuba. But, aside from a certain divergence in the details of both occupations which, not having been foreseen upon the declaration of war between the United States and Spain, subsequently gave rise to debate and differences of opinion regarding procedure, it is an incontrovertible fact that the definite purpose of the United States in both cases was the same: the disinterested liberation of the peoples subjugated by Spain.

That American flag which waved over Cuba for lofty reasons of humanity and justice, scrupulously observed and respected after the victory, is the same which, when the war spread to this part of the globe, extended its protecting folds over another people anxious for justice and liberty.

224

GOVERNMENT AND POLITICS And the American flag could not stand for emancipation in Cuba and, at the same time, for forcible subjugation in the Philippines. The difference in the plans, if such ever existed, consisted only in incidentals, in matters of detail, not in the affirmation and observance of the cardinal principles. While in Cuba, owing to its proximity to the American coasts, the terms of the problem were known and provision had been made for Its solution, in the Philippines the absence of information as to the conditions of the problem there, aided by the distance, momentarily obscured the question and naturally gave rise to a less determined and speedy procedure. Thus, while Cuba became' free and independent after scarcely four years of American occupation, the PhilipI,>ines, which professed the same ideals as their sister of the Antilles, continue in a state of dependency after more than twenty years of such occupation.

In submitting the Philippine question to the Government and the people of the United States, whether directly or otherwise, the Independence Commission will not find it necessary to reflect the natural acerbities of the situation, nor the anxious and growing impatience which two decades of occupation have not been able to quell. The consistency of our position does not spring from its more or less sentimental character, but from the justice of our cause, as derived from "the laws of God and Nature" and sustained by the moral force of the promises solemnly made by the United States and accepted by the Philippines. Although attention should respectfully be invited to the fact that the Filipino people has never renounced its independence, not even in the moments of the greatest adversity brought about by the enforced or voluntary submission of its own leaders, yet the Independence Commission, in dwelling upon the promises made, will unreservedly and with the deepest gratitude recognize that these were made freely and gen225

ENCYCLOPEDIA OF THE PHILIPPINES erously to a small and impotent people, after it had suffered defeat on the field of arms. The deliberate attitude of our country in reposing confidence in those promises and laboring peacefully in pursuance of the same, must also be accepted. Thus, after the rupture of relations occasioned by three years of war during which the right of the Filipinos to their independence was disputed, unsuccessfully so far as they were concerned, violence ceded its place to harmony and hostility to cooperation; and, thanks to the growing influence of the neW condition of peace, Amerkans and Filipinos, who but a short time ago had fougnt each other and stained the Philippine soil with blood, undertook together, on the basis of a friendly understanding, a magnificent joint labor which was carried on with the orderly processes of liberty and self-government.

The commission must not lose sight of the fact that the altruistic ideals and the wise and efficient aid of America in pea'ce justly won for her our confidence and gratitude.

Far from allowing 3; policy of selfish exploitation to direct the destinies of these Islands, America proclaimed and insisted that the interest and w,elfare of the Philippines were to be considered as a sacred trust confided to the people of the United States. Instead of the national spirit being stifled, it was announced from the outset that the natural development of self-government wbuld be promoted.

The total surrender of the government of the municipalitIes to the popular elements, the constant increase in the measure of self-government in the administration of the provinces, and the growing participation of the people in the management of the Central Government and of national affairs; the plan of a general free elementary education, conceived from the outset; the establishment of the National Assembly, with the subsequent addition of an elective Senate, and, finally, the acceptance of the offers of 226

GOVERNMENT AND POLITICS adhesion and aid of the Philippines to the cause of America in the recent war, based on the principles of justice and self-government and the liberty and security of the small nations, as proclaimed by the Government of the United States, are fundamental facts of the policy of America in these Islands which have appealed to the heart and brightened the hopes of the Filipino people. President Roosevelt, upon proudly contemplating, more tha~ the initial results of the work, the loftiness and purity of the principles enunciated, said with good reason that "No great civilized power has ever managed with such w.isdom and disinterestedness the affairs of a people committed by the accident of war to its hands." "Save only our attitude toward Cuba" -Mr. Roosevelt continued-"I question whether there is a brighter page in the annals of international dealing between the strong and the weak than the page which tells of our doings in the Philippines." (January 27, 1908).

And subsequently he proclaimed, in a message to Congress, that "the Filipino people, through their officials, are therefore making real steps in the direction of self-government," and that he hoped and trusted that these steps would mark ~'the beginning of a course which will continue till the Filipinos become fit to decide for themselves whether they desire to be an independent nation." (December 8. 1908).

In the opinion of Mr. Taft, who implanted our civil regime, the national policy with regard to the Philippines plans a gradual and constant extension of the popular direction, and, making a logical deduction, he said that "when the Filipino people, as a whole, show themselves reasonably fit to conduct a popular self-government, maintaining law and order and offering equal protection of the laWis and civil rights to rich and poor, and desire complete independence of the United States, they shall be given it." (January 23, 1908). These statements of Mr. Taft, made while 227

ENCYCLOPEDIA OF THE PHILIPPINES he was Secretary of War, were confirmed by him when, as President of the United States, he said the following in a message to Congress: "We should endeavor to secure for the Filipinos economic independence and to fit them for complete self-government, with the power to decide eventually, according to their own largest good, whether such self-government shall be accompanied by independence."

(December 6, 1912.)

On March 4, 1913, there was a change in the administration of the United States and the power passed from the Republicans to the Democrats. Seven months later, Mr. Harrison, the new governor-general, communicated to the Filipino people the following message from President Wilson: "We regard ourselves as trustees acting not for the advantage of the United States but for the benefit of the Philippine Islands. Every step we take will be taken with a view to the ultimate independenee of the Islands and as a preparatioR for that independence. And we hope to move toward that end as rapidly as the safety and the permanent interests of the Islands will permit. After each step taken, experience will gUide us to the next." (October 6, 1913). On occasion of the changes in the Commission, which acted as the upper house of the Legislature, the Filipinos were given an effective majority in both houses, and in accordance with the new policy that in the administration of affairs in the Philippines, America desired not her own counsel, but the counsel of the Filipinos, the filipinization of the service was accentuated and other administrative measures were adopted to extend the popular control in the Government. Finally, maintaining all the progress made and emphasizing the steps towards independence, frankly announced by President Wilson, the Congress approved the new organic law for the Philippines, of August 29, 1916, which formally promises the Filipinos 228

GOVERNMENT AND POLITICS their independence and grants them an autonomous interior government. Thus the burden of the international responsibilities assumed by the United States by virtue of the Paris Treaty passed actually to the shoulders of the Filipino people, and a pact Was virtually consummated between America and the Philippines, analogous to that established between America and Cuba by the passage of the Teller resolution, which led to the war between America and Spain and publicly defined America's purposes at that time.

During all this time of confident waiting, the same when our attitude was one of mere cooperation as when we assumed the autonomous interior power under the Jones Law, tbe Independence Commission will find, throughout that record of over twenty years, positive facts Jdemonstrating the substantial progress made in the line of our full capacity for national independence and self-government. In the plan of a general free education and of sanitary improvements; in the vast public works program with respect to roads and bridges, public buildings, and irrigation systems; in the fostering of agriculture, industry, and commerce, including the provision of banking facilities, port improvements, and an adequate system of transportation by land and sea; in the establishment of an efficient civil service and an independent judiciary; in the constant development of self-government in the local organizations and the central government, and in the adoption of measures for the free and orderly exercise of the popular suffrage; in the exercise, in fine, of all the political power entrusted to us, no effort has been spared on behalf of the general interest. Any critic free from inveterate prejudice will find, after an impartial examination, that we have been successful in creating a situation which demonstrates that the people, managing their own 229

ENCYCLOPEDIA OF THE PHILIPPINES affairs, maintain law and order in a safe and firm manner, and offer equal protection to all citizens, whether foreigners or nationals, in the free enjoyment of their rights and property.

Despite the intense political struggles that precede the elections, particularly those that attended the first general elections held on occasion of the inauguration of the Philippine Assembly, the labor of that body and that of the purely elective Legislature which succeeded it, show that there exists in these Islands a firm and complete national unity which places the general interest above petty individual differences of opinion and narrow local or party aspirations. In our appropriations of funds neither the costly extravaga.,.nces nor the local selfishness of the logrolling and pork-barrel practices find any pla-ce. By means of the practice of having the members of the cabinet appear before the Houses of the Legislature and of the budget system, successfully implanted since said Houses are both elective, it has been possible to obtain a coordination of forces and a direction which have promoted the efficiency of the administration and assured its responsibility before the people. And the solidity of the conditions of stability of the present government, managed almost entirely by Filipinos, has been put to a test not only by the extension of its authority to all the remote districts of the Archipelago inhabited by Mohammedans and other non-Christian Filipinos, where, the same as in the rest of the country, there now reigns perfect order, maintained by civil officials, but also by the uninterrupted maintenance of a complete state of peace, order, and security during the recent war which devastated the fields of Europe and sowed the seed of restlessness and discontent throughout the world.

230

GOVERNMENT AND POLITICS As an evidence of the just appreciation of the high purposes and disinterested work of the Americans who have aided the Filipinos, all useful public institutions found in existence by the Assembly in 1907 have been preserved and perfected. And notwithstanding the policy of filipinization implanted by President McKinley, no American in sympathy with this country and with the common labor carri,ed on has been retired from the service against his will and without an equitable economic compensation. It must be ' a source of legitimate pride and satisfaction to every Amel'ican to know that the noble and humanitarian purposes expressed by President McKinley and his successors in their instructions, messages, and other official documents as the reason for American occupation have been successfully attained by the united and harmonious effort of Americans and Filipinos.

N oW', in applying to the consummated facts the principles and rules contained in documents and declarations referring to our country, the Independence Commission will find that the following propositions are clear and selfevident: That there exist at presen,t in the Philippine Islands the conditions of order and government Which America has for nearly a century and a half required in each of the cases in which she has recognized the independence of a country or the establishment of a new government taking the place of another that had ceased to exist" without excepting the case of Huerta's government, which was denied recognition by the United States because it was a government stained with blood and established by intrigue, violence, and crime; That there exist likewise in the Philippines all the conditions of stability and guarantees for law and order that Cuba had to esta:blish to the satisfaction of America in 231

ENCYCLOPEDIA OF THE PHILIPPINES order to obtain her independence, or to preserve it, during the military occupation of 1898-1902 and during the intervention of 1906-1909, respectively; That the "preparation for independence" and the "stable government" required by President Wilson and the Congress of the United States, respectively, contain no new requisite not included in any of the cases above quoted; That these prerequisites for Philippine independence are the same as those virtually or expressly established by the Republican administrations that preceded President Wilson's administration; That during the entire time that the Filipino people have been with America, they have been living in the confidence that the American occupation was only temporary and that its final aim was not aggrandizement or conquest, but the peace, welfare, and liberty of the Filipino people; That this faith in the promises of America was a cardinal factor not only in the cooperation between Americans and Filipinos during the years of peace, but also in the cooperation between Americans and Filipinos during the late war; That the state of thorough development of the internal affairs of the country and the present international atmosphere of justice, liberty and security for all peoples are most propitious for the fulfillment by America of her promises and for her redemption of the pledges she has made before the world.

In the light of these facts and considerations, the Filipino people are confident that it ,vill be possible to arrive at a satisfactory final decision, as we deal no longer with a disputed question, but are merely endeavoring to agree upon the final adjustment of a matter with regard to which, according to President Wilson's words, there exists, so far as fundamentals are concerned, "a perfect harmony of 232

GOVERNMENT AND POLITICS ideals and feeling" between the governments of the United States and the Philippine Islands, which harmony has brought about "that real friendship and mutual support which is the foundation of all sound political policy." (November 29, 1918.)

Therefore, so far as it is humanly possible to judge and say, we can see only one invariable point of view which to indicate for the efforts of the Commission: independence; and only one instruction: to get it. Thus America, in adding another glory to her banner by establishing the first really democratic republic in the East, will apply a second time, generously and freely, the measure of humanity and justice that she applied in the case of Cuba which is but a logical and natural sequence of the immortal principles of the Declaration of Independence of 1776. This declaration, Which belongs to all humanity, has now as much force as it h~d in the days when America drafted and proclaimed it. Thus America will vindicate the memory of President McKinley, to whom the "forcible annexation" of peoples meant "criminal aggression" and who, upon taking over the Philippines "from high duty in the interest of their inhabitants and for humanity and civilization," solemnly said: "Our sacrifices were with this high motive. We w:ant to improve the condition of the inhabitants, securing them peace, liberty, and the pursuit of their highest good." (Quoted by Mr. Garrison, Secretary of War, 1915.) Thus, finally, America will carry out the offers and assurances of President Wilson, when upon the signing of the armistice, he said to the Filipinos: "I hope and believe that the future holds brighter fortunes for states which have hitherto been the prey of great powers and will realize for all the world the offers of justice and peace which have prompted the magnificent cooperation of the present war." (November 29, 1918.)

233

ENCYCLOPEDIA OF THE PHILIPPINES Thus we Filipinos will have a better opportunity to demonstrate how deeply rooted is our gratitude for America when, after her voluntary withdrawal from these Islands, we preserve here the immortal genius of her democratic institutions and associate with her in her future enterprises and justice and peace in carrying to the darkest corners of the earth, which lack happiness because their peoples do not control their own destinies, the quickening flame of justice, democracy, and liberty.

Adopted, March 8, 1919.

234

II INSTRUCTIONS FROM THE COMMISSION OF INDEPENDENCE TO THE PHILIPPINE MISSION MANILA, P. I., MCL'r'ch 17, 1919.

By authority of the Philippine Legislature, and acting under its instructions, the Commission of Independence has resolved that the following statement he sent to the Philippine Mission: The Philippine Mission will please convey to the Government of the United States the frankest assurance of the good will, friendship, and gratitude of the Filipino people, and submit with as much respect as confidence the question of Philippine independence, with a view to its final settlement. The attention of the Government of the United States is respectfully invited to the summary of facts and propositions considered in the declaration of purposes approved by the Philippine Legislature on March 8, 1919.

It is singularly fortunate for the Philippine nation that there seems to be no controversy concerning either the pertinent principles or the capital facts of the matter.

The Filipinos venture to believe that all that is necessary is a frank exchange of views, in order to arrive in a prompt and satisfactory manner at a definite adjustment of details which will result in the complete and final execution of the plans outlined in accordance with the principles already established and agreed upon.

It is well known that these principles are so old that many of them, and one may even say all of them, already found faithful expression in the immortal days of 1776, when in the New World a people smaller and with less resources than the Filipino people entered upon the fearless 235

I

ENCYCLOPEDIA OF THE PHILIPPINES undertaking of establishing a new government founded upon the proposition that its just powers were derived not from the will of monarchs but from the consent of the governed. It was not the first time that a people threw off the yoke of a foreign Government, but it was the first case in which a people dissatisfied with the political bonds which had connected them with their former sovereign~ invoking the laws of God and nature, established the principles of liberty and justice not only for themselves but also for the other subject peoples of the world.

Having lived for over two decades side by side with the people of the United States, the Filipino people have become convinced that those principles are now as real and powerful as in the days when they were enunciated.

Although it has not been possible to avoid certain isolated expressions made in apparent violation of those principles, yet it can not be denied that the only authorized declarations regarding the American policy in these islands have been specific and definite, and having been reiterated from time to time have led the Filipino people to believe, as they have with good reason believed, that the purposes of America were not of domination or self-aggrandizement, but of altruism, humanity, and liberty.

On the basis of this und路e rstanding the attitude of the Filipinos has been one of confident waiting. Busily engaged in the reconstruction that necessarily followed the war, as well as in the reaffirmation of their personality, the Filipino people have successfully exercised the political powers conferred upon them, first giving their loyal and peaceful cooperation, and subsequently assuming an almost complete control of their internal affairs. Their national record of over 20 years, from the first day of American 236

GOVERNMENT AND POLITICS occupation until the present, is an open book, and is now unhesitatingly submitted to the examination and criticism of the world.

Moreover, the triumph of democracy in the moral and political evolution of human institutions through the recent war has infused new life into the principles enunciated in 1776, and in fact has confirmed and ratified the promises of 1916. The Filipino people, seeing their own cause involved in the cause of the United States in that war, gave their support to the same. They not only placed all their modest energies and resources at the service of Amerka but in the spirit of a real and active community of ideals and interests they -resolutely assumed the international responsibilities of that country in the Philippines. It mIl not be amiss to say now that during all that time of commotion and restlessness the public order was maintained here as perfectly as in the preceding years, and the American flag continued to float undisturbed, not because it was supported by a military force, of which there Was hardly any, but because of the loyal and vigilant allegiance of the Filipinos.

Now that the war is over and the world is engaged in the application of the principles that have come out triumphant from it; now that the Filipino people have met the tests to which their capacity has been submitted, c.an it be deemed inopportune or ill-advised for them to submit the pending question to the United States or to any other competent tribunal of the world for its final adjustment? The problem being so varied in its aspects, the Filipino people will welcome an opportunity to discuss the terms of the concession of independence and the scope of the covenants necessary for the guaranty, safety, and stability of the new State and for the establishment and maintenance of such external relations, especially with Amer237

ENCYCLOPEDIA OF THE PHILIPPINES ica, as may be equitable and beneficial and as the cir.cumstances may demand. In this respect they are guided by the spirit of the steps previously taken with the Government of the United States, especially by reason of the mutual understanding and benefit that were taken into account when the independence bill of 1914 was drafted.

Inasmuch as the situation of the international affairs has been altered by the irresistible force of the principles consecrated by the recent war, it is evident that the plan contained in that bill can not carried into effect without certain suitable revisions. One of them is that, inasmuch as the Filipino people believe in the efficacy of a general concert of responsible powers established for the common cause of justice and the preservation of the peace of the world, they wouid be ready to agree to any arrangement by which the Philippines would be enabled to participate in the concert as soon as possible.

The Filipino people would not be just to themselves if at this moment, when their political separation from the sovereign country is being urged, they should fail to express in the clearest and most definite manner the sentiments and purposes that inspire their action. They therefore deem it their duty to affirm: That independence, instead of destroying or weakening, will strengthen the bonds of friendship and appreciation arising from the gratitude of the Filipino people not only for the final measure of complete justice and humanity that they confidently expect, but for all the previous disinterested work so splendidly performed for the benefit of the Philippines by so many faithful sons and daughters of America; that this gratitude will be the fundamental factor in the future relations between the United States and the Philippine Islands; that in the present state of the international affairs the Filipino people merely aspire to become another 238

GOVERNMENT AND POLITICS conscious and direct instrument for the progress of liberty and civilization; that in the tranquil course of their years of constitutional development they will maintain for all people inhabiting their hospitable land the essence and benefit of democratic institutions; that they will continue to associate, in so far as this will be acceptable and their strength will permit, in the work of reconstruction, justice, and peace carried on by the United States in continuation of those other undertakings, the high purpose of which was the cause, according to President Wilson, "of the magnificent cooperation during the war" between the American and Filipino peoples; and, finally, that in thus preserving their best traditions and institutions in the new situation which will strengthen and perfect them, the Filipino people will continue to make this country, as heretofore, a place of law and order, justice and liberty, where Americans and foreigners, as well as nationals, may live peacefully in the pursuit of happiness and prosperity and safe in the enjoyment of their property as well as of their rights and their liberty.

SERGIO OSMENA

Speaker, House of RepresentaJtives ESPIRIDION GUANCO

Acting President, Philippine Senate

239

III PRESENTATION OF THE PHILIPPINE QUESTION

(April 4, 1919)

BY SENATE PRESIDENT MANUEL L. QUEZON

MR.

SECRETARY:

The Philippine Legislature, at the behest of the Filipino people, sent this Mission to the United States bearing the message of good-will, gratitude and respect from all the inhabitants of the Philippine Islands. As Chairman of this Mission, I deem it great honor to convey the message to the Government and people of the American Republic.

The Philippjne Mission, Mr. Secretary, is here charged with a big and solemn obligation. It is enj oined with a noble and sacred trust. It is instructed to present the great cause so essential and necessary to the happiness and existence of the entire Filipino people. I refer to our national birthright to be free and independent. We, therefore, formally submit hereby the vital and urgent question of Philippine independence to you and through you to the Government of the United States in the confident hope that it shall merit a just, righteous and final settlement.

Independence is the great national ideal of the Filipino people. The members of the Philippine Mission here representing all elements of Philippine life are one and all ready to testify to the absolute truth of this assertion.

V'le believe that this is the proper time to present the question looking to a favorable and decisive . action because of the declared and uniform policy of America to withdraw her sovereignty over the Philippine Islands and to recognize our independence as soon as a stable government can 240

GOVERNMENT AND POLITICS be established. That there is now a stable government in the Philippines managed and supported by the people themselves and that it can and will be maintained under an independent Philippine government, as the testimony of your own official representatives, Governor General Harrison and Acting Governor-General Yeater, will bear out, and the fulfillment of this solemn promise you owe to yourselves, to us and to humanity at large.

We also find inspiration and justification for our decision to appeal at this time to the Government and people of the United States for the granting of our independence in the principles of the Declaration of Independence for the preservation of which America in the recent World War held life and property cheap. America fought for the liberty, the self-government and the undictated development of peoples and cheerfully assumed her full share in the War for the liberation of peoples everywhere.

The American people were willing to dedicate their lives and their fortunes, everything that they had for the things -you have always carried nearest your hearts, "for democracy, for the right of those who submit to authority to have a voice in their own governments, for the rights and liberties of small nations, for a universal dominion of right by such a concert of free people as shall bring peace and safety to all nations and make the world itself at last free."

Mr. Secretary, may I be permitted to recall at this juncture that in fighting for so high and noble ideals the Filipino people have stood by you during the critical years of the gigantic struggle and to a man were ready, nay anxious, to shed their blood side by side with your own soldiers?

I beg leave to place in your hands, Mr. Secretary, a document I have with me. It contains instructions of the Philippine Legislature to the Independence Commission to present the question of independence to the United 241

ENCYCLOPEDIA OF THE PHILIPPINES States and amply set forth our bases for appealing for an independent national existence. I also beg leave to present to you the statement issued by the Independence CommISSIon. Mr. Secretary, will it be necessary to repeat what we have always been pleased to recognize that with the helping hand of the United States the Philippines saw prosperity and progress unprecedented through the joint labor of Americans and Filipinos? The history of your occupation of the Islands is replete with achievements great and splendid. You have truly treated us as no nation has ever before treated another under its sway. And yet you and none better than you thus will understand why even under such co路n ditions our peoples still crave independence, that they too may be sovereign masters of their own destinies.

Sir, when our national independence shall be granted us the W10rld will knoW' that the people of America are indeed bearers of the kood-will, the protection and the richest blessings of a liberating rather than a conquering nation and it was our liberty not your pOW'er, our welfare not your gain you sought to enhance in the Philippines.

242

IV MEMORIAL OF THE PHILIPPINE MISSION TO THE CONGRESS OF

THE

UNITED

STATES

ASKING

THAT

IMMEDIATE

INDEPENDENCE BE GRANTED THE PHILIPPINE ISLANDS

To the Senate and House of Representatives of the United States: The undersigned, members of the Philippine mission, pursuant to the instructions received from the Philippine Legislature and in accordance with the wishes of the Filipino people, beg to submit hereby to the Congress of the United States of America a formal petition that the independence of the Philippine Islands be granted at this time.

It is confidently hoped and believed that the Congress will not suffer this opportunity to pass by at a time when the whole world is so anxious to see international relations estahlished upon newer and more solid foundations of universal justice and liberty.

America has constituted herself and has justly been recognized as the champion of the rights of humanity in the last World War, and due in a great measure to her heroic efforts and generous aid mankind has been saved from the thraldom of greed and oppression, and the rights of small and weaker nations to exist side by side with the great powers vindicated.

The recognition of the independence of the Philippines at this time will constitute an object lesson to the whole world in respect of the lofty and altruistic aims which have prompted America to take part in the great war, for it will furnish a practical application of her doctrine of selfdetermina tion.

243

ENCYCLOPEDIA OF THE PHILIPPINES For the first time in the history of colonial relations a subject and alien race comes to ask the severance of their political connection with the sovereign nation without recounting any act of injustice, but rather with a feeling of gratitude and affection.

Our plea for independence is based not on the injustice which might be found in the forcible subjection of the Filipinos, but on the justice of our claim that the national sovereignty of our people be fully recognized, in order that we may freely fulfill our own mission and contribute to the spread and establishment of democracy and Christian institutions in the Far East.

With this end in view, we respectfully submit the following propositions: 1. That as defined and established in the act of Congress of August 29, 1916, the purpose of the Government of the United States is to withdraw its sovereignty over the Philippine Islands as soon as a stable government can be established therein.

2. That in accordance with the terms and provisions of said law the people of the Philipp,ines have organized a government that has been in operation for nearly three years and which has offered complete evidence that conditions are ripe for the establishment of an independent government that will be fully capable of maintaining law and order, administer justice, promote the welfare of all the inhabitants of the Islands, and discharge as well its international obligations.

3. That the Filipino people desire their independence at this time, and along with that independence they confidently hope to preserve the bonds of good understanding and friendship which bind them to the United States, and to foster the free development of commercial relations between the two countries.

244

GOVERNMENT AND POLITICS I.

AMERICA'S PHILIPPINE POLICY HAS BEEN CONSISTENT

The act of Congress of August 29, 1916, entitled "An act to declare the purpose of the people of the United States as to the future political status of the people of the Philippine Islands and to provide a more autonomous government for those islands," said in its preamble: Whereas it was never the intention of the people of the United States in the incipiency of the War with Spain to make it a war ~f ~onquest or for territorial aggrandizement; and Whereas it is, as it has al ways been, the purpose of the people of the United States to withdraw their sovereignty over the Philippine Islands and to recognize their independence as soon as a stable government can be established therein; and Whereas for the speedy accomplishment of such purpose it is desirable to place in the hands of the people of the Philippines as large a control of their domestic affairs as can be given them without, in the meantime, impairing the exercise of the rights of sovereignty by the people of the U,n ited States in order that, by the use and exercise of popular franchise and governmental powers, they may be the better prepared to fully assume the responsibilities and enjoy all the privileges of complete independence, etc.

The statements contained in the above preamble have had the effect of ratifying and giving concrete form to the declarations which, ever since the advent of American sovereignty in the Philippines up to the enactment of said law, the Presidents of the United States and their representatives have been making concerning' America's aim and policy in the Islands.

President McKinley, at the beginning of the. SpanishAmerican War, said: Forcible annexation can not be thought of; that, according to the American code of morals, is criminal aggression.

245

ENCYCLOPEDIA OF THE PHILIPPINES In President McKinley's instructions to the First Philippine Commission, on the 20th of January, 1899, he expressed the hope that these commissioners would be received as bearers of "the richest blessings of a liberating rather than a conquering Nation."

In his message to Congress in the same year, among other things concerning the Philippines, he said: We shall continue, as we have begun, to open the schools and the churches, to set the courts in operation, to foster industry and trade and agriculture, and in every way in our power to make these people whom Providence has brought within our jurisdiction feel that it is their liberty and not our power, their welfare and not our gain, we are seeking U:> enhance.

And again he said: The Philippines are ours, not to exploit but to develop, to civilize, to educate, to train in the science of self-government. This is the path of duty which we must follow or be recreant to a mighty trust committed to us.

Upon another occasion he said: We accepted the Philippines from high duty in the interest of their inhabitants, and for humanity and civilization. Our sacrifices were with this high motive. We want to improve the condition of the inhabitants, securing them peace, liberty, and the pursuit of their highest good.

In his message to Congress in the following year he said: The fortune of war has thrown upon this Nation an unsought trust which should be unselfishly discharged, and devolved upon this Government a moral as well as material responsibility t9ward those millions whom we have freed from an oppressive yoke.

I have on another occasion called the Filipinos "the wards of the Nation." Our obligation as guardian was not lightly assumed; it must not be otherwise than honestly fulfilled, aiming, first of all, to benefit those who have come under our fostering care. It is our duty so to treat them that our flag may be no less beloved in the mountains of Luzon and the fertile zones of Mindanao and

246

GOVERNMENT AND POLITICS Negros than it is at home; that there, as here, it shall be the revered symhol of liberty, enlightenment, and progress in every avenue of development.

The Filipinos are a race quick to learn and to profit by kn.owledge.

In his instructions to the second Philippine commission he made the following observations: â&#x20AC;˘

In all the forms of Government and administrative provisions which they are authorized to prescribe, the commission should bear in mind that the Government which they are establishing is designed not for our satisfacti.on or for the expression of our theoretical views but for the happiness, peace, and prosperity of the people .of the Philippine Islands.

President Taft, while Civil Governor of the Philippine Islands, on 'the 17th of December, 1903, said: From the beginning to the end of the State papers which were circulated in these islands as authoritative expr essions of the Executive, the motto that "the Philippines are for the Filipinos," and that the Government of the United States is here for the purpose of preserving the "Philippines for the Filipinos" for their benefit, for their elevation, for their civilization, again and again and again appear.

And upon the same occasion, and in response to a particularly vicious newspaper attack which was then being made upon him by the American papers published in the Islands, he said: Some of our young lions of the local press have spoken of the "childish slogan," "The Philippines for the Filipinos." It is unnecessary to comment on the adjective used, but it is sufficient to say that, whether childish or not, the principle makes up the web and woof of the Do!icy of the United States with respect to these islands, as it has been authoritatively declared by two Presidents of the United States-for President Roosevelt has followed sedulously the policy of President McKinley-and by the interpretation of the supreme popular will, the Congress of the United States.

247

ENCYCLOPEDIA OF THE PHILIPPINES He points out that the. actions of the President, as well as his instructions, have been expressly approved and ratified by an act of Congress.

President Roosevelt, in his message to Congress of December 6, 1904, said: We are endeavoring to develop the natives themselves so that they shall take an ever-increasing share in their own government, and as far as is prudent we are already admitting their representatives to a governmental equality with our own. ... * * If they show that they are capable of electing a legislature which in its turn is capable of taking a sane and efficient part in the actual work of government, they can rest assured that a full and increasing measure of recognition will be given them.

And in 1906 he said: Weare constantly increasing the measure of liberty accorded the islanders, and next spring, if con,ditions warrant, we shall take a great stride forward in testing their capacity for self-government by summoning the first Filipino legislative assembly; and the way in which they stand this test will largely determine whether the self-government thus granted will be increased or decreased; for if we have erred at all in the Philippines it has been in proceeding too r.apidly in the direction of granting a large measure of se1ÂŁgovernment.

When Mr. Taft was Secretary of War, in the course of a special report upon the Philippines, he said: When they have learned the principles of successful popular self-government from a gradually enlarged experience therein we can discuss the question whether independence is what they desire and grant it or whether they prefer the retention of a closer association with the country which, by its guidance, has unselfishly led them on to better conditions.

In a special report made by Secretary Taft on the Philippines and their political future, with special reference to the policy Which had been pursued there, he said: 248

GOVERNMENT AND POLITICS The conditions in the islands to-day vindicate and justify that policy. It necessarily involves in its ultimate conclusion as the steps toward self-government become greater and greater the ultimate independence of the islands, although, of course, if both the United States and the islands were to continue a governmental relation between them like that between England and Australia, there would be nothing inconsistent with the present policy jn such a result.

Further on he says: Thus far the policy of the been attacked on the ground that have given the natives too much sembly and the conservative tone makes for our view rather than

Philippines has worked. It has we have gone too fast, that we power. The meeting of the asof that body thus far disclosed that of our opponents.

In 1908, after the inauguration of the Philippine Assembly, President Roosevelt in his message to Congress said: Real progress toward self-government is being made in the Philippine Islands.

And in referring to the Philippine Assembly, he said: Hitherto this Philippine Legislature has acted with moderation and self-restraint, and has seemed in practical fashion to realize the eternal truth that there must always be government, and that the only way in which any body of individuals can escape the necessity of being governed by outsiders is to show that they are able to restrain themselves, to keep down wrongdoing and disorder. The Filipino people, through their officials, are therefore making real steps in the direction of self-government. I hope and believe that these steps mark the beginning of a course which will continue till the Filipinos become fit to decide for themselves whether they desire to be an independent nation.

In a special message to Congress on January 27, 1908, transmitting a special report made by Secretary Taft on the Philippines, he said: 249

ENCYCLOPEDIA OF THE PHILIPPINES But no great civilized power has ever managed with such wis路 . dom and disinterestedness the affairs of a people comlnitted by the accident of war to its hands. Save only our attitude toward Cuba, I question whether there is a brighter page in the annals of international dealings between the strong and the weak than the page which tells of our doings in the Philippines.

Further on he says: The islanders have made real advances in a hopebl direction, and they have opened well with the new Philippine Assembly; they have yet a long way to 'travel before they will fit for complete self路 government, and for deciding, as it will then be their duty to do, whether this self-government shall be accompanied by complete inpependence.

Former Governor-General James F. Smith, in an article entitled The Philippines as I saw them, published in The Sunset Magazine of December, 1911, said: The holding of the Philippines, not for selfish exploitation but as a sacred trust for the benefit of those residing in them, the esta.blishment of a government, not for our satisfaction or for the expression .of our theoretical views but for the happiness, peace, and prosperity of the Filipino people, the evolution of a gavernment by Americans assisted by Filipinos, into a government of Filipinos assisted by Americans, and the education and preparation of the people for popular self-government was the broad policy of President McKinley, of President Roosevelt, of Governor Taft, of Governor-General Wright, of Governor-General Ide, and of all their successors. It is the policy to-day, and its continuance will, I believe, bring the Filipino race happy and con 'tented to the realization of its hopes and ideal rarely attained, rarely enjoyed, save through blood and tears.

After Secretary Taft was elected President, in a message to Congress, delivered on December 6, 1912, he said: We should >I< >I< >I< endeavor to seCUl路e for the Filipinos economic independence and to fit them for complete self-government, with the power to decide eventually, according to their own largest good, whether such self-government shall be accompanied by independence.

250

GOVERNMENT AND POLITICS Secretary Stimson, in his annual report of 1912, said: The policy of the United States was definitely and materially declared in the instructions of President McKinley to the Philippine Commission of April 7, 1900, and it has never been departed from since. It is contained in every step of the consistent progress of our insular government. President McKinley's statement was expressly and affirmatively confirmed by the Congress of the United States in the organic act for the Philippine Government of July 1, 1902. Briefly, this policy may be expressed as having for its sole object the preparation of the Philippine people for popular self-government in their own interest and in the interest of the United States * * *.

The postponement of the question of independence for the islands has been deliberately made, not for promoting our interests, but solely in order to enable that momentous question to be determined intelligently by the Philippine people in the light of their own highest interest.

On the 1st of March, 1913) President Taft adverted to the Democratic platform with reference to the Philip .. pines and quoted that portion of it which referred to the purpose of the United States to "recognize the independence of the Philippine Islands as soon as a stable government can be established," and said that this was "an affirmation of policy only slightly differing from that repeatedly announced by this and preceding Republican administrations."

Governor-General V.I. Cameron Forbes, in his farewell speech before leaving the islands, made the statement "that the platforms of both parties reached the same general conclusion in regard to the granting of independence when a stable government should be established." He subsequently, in a published speech in this country, corrected this statement to the extent of substituting the word "policies" for the word "platforms."

251

ENCYCLOPEDIA OF THE PHILIPPINES Upon the present administration coming into authority here, the President authorized Governor-General Harrison, in his opening address, to make the following statement: We regard ourselves as trustees, acting, not for the advantage of the United States but for the benefit of the people of the Philippine Islands. Every step we take will be taken with a view to the ultimate independence of the islands and as a preparation for that independence, and we hope to move toward that end as rapidly as the safety and the permanent interests of the islands will permit. .. After each step taken experience will guide us to the next. The administration will take one step at once, and it will give to the native citizens of the islands a majority in the appointive commis,sion, and thus in the upper as well as in the lower house of the legislature a majority representation will be secured to them. We do this in the confident hope and expectation that immediate proof will be given in the action of the commission under the new arrangement of the political capacity of those native citizens who have already come forward to represent and to lead their people in affairs.

President Wilson, in hjs message to Congress delivered on December 2, 1913, said:

* * * Porto Rico, Hawaii, the Philippines are ours, indeed, but not ours to do what we please with. Such territories, once regarded as mere possessions, are no longer to be selfishly exploited; they are part of the domain of public conscience and of serviceable and enlightened statesmanship. We must administer them for the people who live in them and with the same sense of responsibility to them as toward our own people in our domestic affairs. No doubt we shall successfully enough bind Porto Rico and the Hawaiian Islands to ourselves by ties of justice and interest and affection, but the performance of our duty toward the Philippines is a more difficult and debatable matter. We can satisfy the obligations of generous justice toward the people of Porto Rico by giving them the ample and familiar rights and privileges accorded our own citizens in our own Territories and our obligations toward the people of Hawaii by perfecting the provisions of self-government already granted them, but in the Philippines we must go further. We must hold steadily 252

GOVERNMENT AND POLITICS in view their ultimate independence, and we must move toward the time of that independence as steadily as the way can be cleared and the foundations thoughtfully and permanently laid.

Acting under the authority conferred upon the President by Congress, I haye already accorded the people of the islands a majority in both houses of their legislative body by appointing five instead of four native citizens to the membership of the commission.

I believe that in this way we shall make proof of their capacity in counsel and their sen~e of responsibility in the exercise of political power, and that the success of this step will be sure to clear our view for the steps which are to follow. Step by step we should extend and perfect the system of self-government in the islands, making test of them and modifying them as experience discloses their successe~ and their failures; so that we should more and more put under the control of the native citizens of the archipelago the essential instruments of their life, their local instrumentalities of government, their schools, all the common interests of their communities, and so by counsel and experience set' up a government whieh all the world will see to be suitable to a people whose affairs are under their control. At last, I hope and believe, we are beginning to gain the confidence of the Filipino people. By their counsel and experience, rather than by our own, we shall learn how best to serve them and how soon it will be possible and wise to withdraw our supervision. Let us once find the path and set out with firm and confident tread upon it and we shall not wander from it nor linger upon it.

In another message to Congress, delivered on December 8, 1914, he said: Thel'e is another great piece of legislation which awaits and should receive the sanction of the Senate: I mean the bill which gives a larger measure of self-government to the people of the Philippines. How better, in this time of anxious questioning and perplexed policy, could we show our confidence in the principles of liberty as the source as well as the expression of life, how better could we demonstrate our own self-possession and steadfastness in the courses of justice and disinterestedness than by thus going calmly forward to fulfill our promises to a dependent people, who will now look more anxiously than ever to see whether we have indeed the liberality, the unselfishness, the courage, the faith we have 253

ENCYCLOPEDIA OF THE PHILIPPINES boasted and professed. I can not believe that the Senate will let this great measure of constructive justice await the action of another Congress. Its passage would nobly crown the record of these two years of memorable labor.

And in his message to Congress delivered on December 7, 1915, he said: There is another matter which seems to me to be very intimately associated with the question of national safety and preparation for defense. That is our policy toward the Philippines and the people of Porto Rico. OU!' treatment of them and their attitude toward us are manifestly of the first consequence in the development of our duties in the world and in getting a free hand to perform those duties. We must be free from every unnecessary burden or embarrassment, and there is no better way to be clear of embarrassment than to fulfill our promises and promote the interests of those dependent on us to the utmost. Bills for the alteration and reform of the government of the Philippines and for rendering fuller political justice to the people of Porto Ricq were submitted to the Sixtythird Congress. They will be submitted also to you. I need not particularize their detajls. YOH are most of you already familiar with them. But I do recommend them to your early adoption with the sincere conviction that there are few measures you could adopt which would more serviceably clear the way for the great policies by which we wish to make good, now and always, our right to lead in enterprises of peace and good-will and economic and political freedom.

In the .January, 1915, number of Everybody's Magazine ex-President Roosevelt indorsed this contention, and said: If we act so that the natives understand us to have made a definite promise, then we should live up to that promise. The Philippines, from a military standpoint are a source of weakness to us.

The present administration has promised explicitly to let them go, and by its action has rendered it difficult to hold them against any serious foreign foe. These being the circumstances, the islands should at an early moment be given their independence, without any guaranty whatever by us and withoHt our retaining any foothold in them.

254

GOVERNMENT AND POLITICS As stated at the outset, all of the preceding statements were finally adopted or ratified by the Congress by the passage on August 29, 1916, of the law generally known as the Jones Law. In view of the documents above quoted, of the official statements made by the constitutional representatives of the American people, and of the steps taken in accordance with those statements, the policy of the United States in the Philippines appears to be clearly defined, namely, that it has never been nor is it the purpose of the United States to retain possession of the Philippine Islands for exploitation and self-aggrandizement, but rather for the welfare, education, and liberty of thejr inhabitants; that the government therein established is designed not for the satisfaction or for the expression of the theoretical views of the American people, but the training of the Filipinos in the science of self-government by means of gradual participation in the administration of their own affairs; that when the Filipinos shall have learned the principles of popular self-government, then it is for them to decide whether they should be independent or remain under the sovereignty of the United States; and, finally, that it is the purpose of the Government of the United States to grant the Filipinos their complete independence as soon as a stable government can be established in the islands.

As has been indicated, President McKinley originally outlined this policy which Mr. Taft so happily summed up in his immortal p~rase, "the Philippines for the Filipinos."

Such a policy has been faithfully observed by his successors in office and carried on by the present administration to such an extent that the Filipinos have been afforded an opportunity to show that they are in fact able to exercise the duties and powers of a popular, complete self-government.

255

ENCYCLOPEDIA OF THE PHILIPPINES In view of the foregoing considerations there remains nothing to be determined, in accordance with the avowed policy of the United States above adverted to, but the following points: 1. Whether the Filipinos have met the requirements prescribed in the act of Congress of August 29, 1916; that is to say, whether they have shown that they are sufficiently prepared to establish an independent, stable government.

2. Whether the Filipinos prefer independence to any other political status or condition.

II.

THERE EXISTS A STABLE GOVERNMENT IN THE PHILIPPINES

This chapter is devoted to an account of the work done by the Filipinos ever since they have been allowed to take an active part in the affairs of their government, and particularly after the establishment of the autonomous government authorized by the Jones law, with a view of 's howing that conditions in 路 the islands are ripe for the establishment of a stable, independent government.

For a better understanding of the subject, it will be necessary to divide this chapter into various sections and to limit ourselves to the treatment of those fundamental elements which constitute the foundation of a popular selfgovernment and insure its stability and development.

REORGANIZATION OF THE INSULAR GOVERNMENT

The enactment of the Jones law, in so far as it gave the Filipinos a greater autonomy in the administration of their public affairs, has put to a test the degree of political training acquired by the Filipinos under American methods as well as their ability in the organization of an efficient national government. From a study of the manner 256

JUSTICES OF THE SUPREME COURT

Sitting, left to 1oight: Associate Justices Jose Abad Santos, George A o Malcolm, Chief Justice Ramon Avanceiia, Associate Justices Antonio Villa-Real, John A. Hull. Standing, left to 1oight : Associate J ustices Anacleto Diaz, George C. Butte, James C. Vickers, Carlos A . Imperial, Leonard S. Goddard, Claro M. Recto.

GOVERNMENT AND POLITICS in which the Filipinos effected the reorganization of the insular government previously existing, the principles followed by them, the difficulties Which they had to overcome and the results aimed at and attained by such reorganization, we may form an adequate judgment as to whether they possess or not the required capacity for independence.

This was not the first time in which the Filipinos attempted the establishment of a national government. They have had experience along that line when the revolutionary congress at Malolos drafted a constitution for the shortlived Philippine Republic under the leadership of Aguinaldo and proceeded to establish a government in accordance with the terms of that constitution. We find, however, this difference: Whereas at that time they had complete freedom of action and could adopt a model which seemed to them most satisfactory, in the reorganization of the insular government their action was circumscribed by the fundamental rules 路prescribed by the Jones law. This law is, in fact, a constitution granted by an alien people for the government of another of different race and with different civilization, inhabiting a territory 10,000 miles away. Notwithstanding the difficulties which thus obtained and the restrictions to which they were subjected, the Filipinos faced the task with courage, and reorganized the central government in such a way that it resulted, not in a mere copy of the presidential form of government of the United States but in a system: more in harmony with the tendencies and reforms advocated by eminent American authorities on constitutional systems.

Under the system adopted by the Filipinos, the members of the cabinet are responsible for their official conduct, not only to the Governor-General but also to the Philippine Legislature.

257

ENCYCLOPEDIA OF THE PHILIPPINES The reorganization act provides that the secretaries of department may be called upon by any of the two houses of the legislature concerning any matter affecting their respective departments, and they are legally bound to appear before such houses. for the purpose of giving such information as may be required of them whenever the nature of the matter permits it and the Governor-General consents thereto. They are also entitled to be heard ty either of the two houses of the legislature for the purpose of reporting on matters pertaining to their departnmnts.

In this manner it was made possible not only to impose upon the members of the executive department a certain degree of responsibility to the popular branch of the government and~ indirectly, to the people; but also a greater harmony was' thereby established between those two branches of the government. In this manner also the Governor-General, who is an American, and is the person authorized by law to appoint the members of the cabinet and other higher officers of the government, finds it necessary to consult the representatives of the people with regard to the appointments made by him. The consent of the senate, therefore, is a real check to any arbitrary act of the executive.

In order to insure better harmony between the executive and the legislative departments of the government, there has also been created a body known as the council of state, the duties of which are to aid and advise the Governor-General on public matters. This body is composed of the Governor-General, the presidents of both houses of the legislature, the members of the cabinet, and such other members as the Governor-General may appoint. The constitution of the council of state promises to solve the problem of responsible leadership in our government. It may not only avoid violent conflicts which might occur between 258

GOVERNMENT AND POLITICS the executive and the legislative branches of the government, but it also enables the people to fix the responsibility for the conduct and administration of public affairs. The council of state has also the advantage of permitting the Governor-General to look to it for counsel concerning local and international matters of vital importance to the country. There can be no question as to the usefulness of the council of state, and the role which it plays in matters concerning the government gives to the latter that unity of action which is at once harmonious, effective, and responsible-an element so necessary and essential to the regular and orderly course of public affairs.

Among the reforms made by the Legislature after the passage of the Jones Law was the adoption of a budget system in the financial operations of the government.

The adoption of this system has cured the deficiencies arising out of a lack of a systematic plan in the expenditure of public funds. Under the former system, which was quite analogous to the one still obtaining in the United States, there was no fixed responsibility for the preparation and submission of appropriation bills. Each bureau of the government prepared its estimates and sent the same to the Legislature through the Executive Secretary. The . Executive Secretary had neither the power of revision nor of coordination, but his task was confined ' to the compilation of all the estimates, and to the transmission of the same in their original form to the Legislature. Under such a system each bureau, without taking into account the needs of the other bureaus, merely tried to ask for and obtain the most it could possibly obtain, and its success or lack of success in this respect depended on whether or not it had the sympathy of, or could exercise a greater or less influence on, the members of the Legislature. 路 The result of this system was a costly bureaucracy 259

ENCYCLOPEDIA OF THE PHILIPPINES and an unnecessary duplication in the work and activities of the government. All of these deficiencies were cured by the introduction of the budget system, and its results have more than justified its adoption.

The secretary of finance is charged with the duty of preparing the budget after the estimates have been approved by the different secretaries of department. The budget is then submitted to the cabinet for discussion and adoption, and once approved it is ordered printed and then submitted to the Legislature for its action. Under this system it is not only possible to know and carry out a systematic plan in the expenditure of public funds, but effective and united action on the part of the cabinet is also insured. The eKpenses of the different departments are coordinated and simplified and a proper distribution of appropriations amo~g them is effected. Through this system the public enjoys the-unusual advantage of knowing in 'whole and in detail the different purposes to which the money which they pay in taxes and imposts is devoted. In practice the system has resulted in materially reducing the number of appropriation bills for each year, which, in 1916, when the former system was in vogue, amounted to 37 laws.

It is generally admitted that the adoption of the budget system marks a decided improvement over the old system and is considered as one of the greatest achievements of the Filipino people. It has placed the Philippines, to use the words of Governor-General Harrison, "among the foremost progressive nations in fiscal legislation."

The Speaker of the House of Representatives, Hon. Sergio Osmefia, has clearly explained the scope and object of the reorganization of the insular g~)Vernment in the following terms: 260

GOVERNMENT AND POLITICS This Legislature, the first organized under the auspices of the new law and inaugurated on October 16, 1916, is imbued jointly with ' the new impUlses of liberty and democracy, with the highest sense of order and responsibility. Thus it has respected established institutions and retained government practices in so far as compatible with the changes necessary. It has equally shunned the influence of unsafe reforms adopted in a foolhardy manner and the puerile timidity that hinders all constructive work, and the country has as!';umed the plenitude of the powers recognized by law. The examination of the structure of the government authorized by the Jones act has been calm and minute. It has been compared with that of the governments of other countries. Entering without hesitancy upon the vast field of theory and practice of the best governments of the world, the Filipino Nation has had an opportunity to make new use of its old maturity of jUdgment, of its acknowledged self-control, adjusting the flights of its mjnd anxious of innovations to the constitutional limitations and the real needs of our own life and conditions.

One of the points brought up concerned the relations of the E'xecutive to the Legislat-q.re. The scope of these relations under the presidential regime and of those generally found under the parliamentary system has been investigated.

N either of these two systems has been adopted definitely; but though recognizing that the organic law retains certain notable feat. ures of the presidential regime, the Filipinos have not given up the idea of improving and perfecting the system implanted by the law referred to. Within the bounds of the existing constitutional limitation certain touches have been given to our political institutions which give them a character all their own.

In the first place, the executive departments have been reorganized. In lieu of the system of indefinite tenure of the departmental officers formerly in vogue; the theory of periodical changes has been adopted. Every three years the atmosphere of the executive department is to be renewed at the same time when the personnel of the Legislature changes in accordance with the results of the last general election. And once the democratic influence of the government is thus assured, the Legislature throws its doors open to the department secretaries who, instead of privately going to the office of the various committees, may if they so prefer demand the right to be heard publicly in the session hall of either house.

261

ENCYCLOPEDIA OF THE PHILIPPINES This first step has not been taken without a conscientious consideration of the basic principles of the American Government system upon which the United States Congress has modeled ours. Ostensibly the Philippine Legislature, which has approved the departmental reorganization law, has started out with the purpose of coordinating and harmonizing the powers of the State, instead of separating and scattering them.

In speaking of the budget system, he further says: It inaugurates a regime of publicity and places each power of the State within its own sphere of responsibility. It puts the finances of the Government on an approved commercial basis and joins the direct examination of the necessities of the country with the authority and duty to disburse the public funds in an economic and efficient manner. It makes the department heads more responsible to the Legislature and the people. It frustrates any attempt to establish a vicious kind of legislation not demanded by public interest known elsewhere as log-rolling and pork-barrel. It maintains the Legislature in a sphere Qf dignity and control, while it stays the hand of an arbitrary Chief Executive ready to make improper use of the veto power. But what is more important than all this, it preserves fresh and pure the constitutional intelligence between the several powers of the state and between the government and the people; it prevents the useless expenditure of energy by disagreement and friction, preserves stability, and prepares the organs of the government to be constantly ready for orderly, prompt, and efficient action.

THE PROGRESS OF LOCAL GOVERNMENTS

The municipal and provincial governments, constituting as they do political units of the Philippine Government, furnish positive proofs of the political capacity of the Filipino people, inasmuch as these governments, the success of which is manifest, are controlled by Filipinos. From the beginning it was deemed advisable to place the management of municipal affairs in the hands of officials chosen by the people of the municipalities concerned. The growing notable success of local governments has maue imperative the adoption of all measures which safeguard and increase the autonomy exercised by such governments.

262

GOVERNMENT AND POLITICS Provincial officers, which were originally appointive, were made elective. The provincial board, Which constitutes the legislative body of the Province, was formerly composed of an elective provincial governor, an appointive provincial treasurer, and an elective third member. By virtue of act No. 2501 of the Philippine Legislature, approved February 5, 1915, the provincial treasurer ceased to be a member of the provincial board, and the Governor-General was authorized to appoint a new member from among the municipal presidents in the province. Inasmuch as municipal presidents are elected by popular vote, it is clear that the object of this law Was to grant greater autonomy to provincial governments by eliminating from the provincial board the only nonelective member. Act No. 2586 of the Philippine Legislature, approved February 4, 1916, went even further in the extension of popular control over provincial governments by providing that the appointive members of the provincial board shall be elected by popular vote. These liberal reforms have reached not only the regular organized 'provinces but also the few so-called special provinces. In 1915 the office of the third member of the provincial boards of Mindoro, Palaw,an, and Batanes was made elective, and in 1916 the office of the provincial governor of Mindoro was likewise made elective. This year a law was passed by the Philippine Legislature making elective the office of the provincial governor of Palawan.

Inasmuch 'as all of the important offices of the municipal and provincial governments are elective, and the higher and direct supervision of the same is wholly intrusted to Filipino officials, the orderly and progressive march of such governments constitutes a practical demonstration of the capacity and efficiency of the government established by the Filipino people in accordance with the Jones law.

263

ENCYCLOPEDIA OF THE PHILIPPINES At the present time all of the provincial governors, who are the chief executives of the provinces, are Filipinos, except the governors of the provinces of Cotabato, Lanao, and Sulu, in the department of Mindanao and Sulu. Of the 47 provincial treasurers, Who are the chief financial officers, 41 are Filipinos, and only 6 are Americans. There are 30 Filipino district engineers and 13 Americans. In the municipalities, with the exception of 16 American exofficio justices of the peace, the local administration of justice is entirely intrusted to the Filipinos. The supervisio~ and control over the provinces and municipalities formerly exercised by the Governor-General, through the Executive Secretary, has now. passed to the Secretary of the Interior, who acts in that respect throu-gh the chief of the Executive Bureau. Both officers are Filipinos.

In order to promote the free and ample exercise of local autonomy, the Secretary of the Interior and the Executive Bureau have adopted the policy of not interfering with the affairs of local governments, except in cases where such intervention is made absolutely necessary.

N or has progress been made along political lines alone; but provinces and municipalities also have improved economically. In 1913 the revenues of the municipalities, towns, and settlements amounted to 7,152,541 pesos; in 1917 these revenues went up to 11,401,983 pesos. In 1913 the total expenses of operation of all municipalities, towns, and settlements aggregated 5,869,454 pesos, while in 1917 the amount totaled 8,696,535 pesos.

As the result of the great progress attained by the municipalities along political and economic lines., there have been constructed great public improvements, such as roads, provincial and municipal buildings, school buildings, bridges, and so forth. The provinces and municipalities have also effectively contributed to the organization of a 264

GOVERNMENT AND POLITICS system of provincial and municipal sanitation, the construction of wharves, docks, piers, artesian wells, parks, monuments, and so forth.

PUBLIC LAW AND ORDER

The first natural requisite of every well-organized political society is the maintenance of public law and order.

Ever since the establishment of the Philippine Assembly the general condition of order and peace throughout the Philippines has continually been improving to the extent that it can now be safely stated that the Philippines is one of those countries of the world where life and liberty are enjoyed with the greatest order and safety. By temperament the Filipino people are peaceful and abhor tumult and disorder.

Perfect order and peace prevail throughout the Archipelago, including the Territory of Mindanao and Sulu. The maintenance of public order in territories inhabited by Moros has always been a problem of grave concern to many.

'Vhen for the first time an attempt was made to place a person from civil life at the head of the government of Mindanao and Sulu it was believed that public order wPuld be endangered. No disturbance has, however, occurred, and the normal life of the inhabitants was not altered.

Moros and Christians came into a more friendly union than ever before "and realized better than at any other time the ties which united tnem as countrymen. Thanks to this good understanding, it was possible and easy to withdraw the American troops in 1917, when the United States found it necessary to take part in the Great War. Am,e rican soldiers were replaced by Filipino soldiers of the Philippine Constabulary, the latter even less in number, without producing the least disorder.

265

ENCYCLOPEDIA OF THE PHILIPPINES Col. Ole Waloe, chief of constabulary of the Department of Mindanao and Sulu, in a memorandum submitted to the Secretary of the Interior under date of November 23, 1918, says, among other things: For the last four years the number of grave crimes occurring in the Province of Zamboanga have been less than those in the department's most advanced Christian province for the same period.

For the years 1908-9, 37 outlaws were reported killed, captured, and wounded; for 1910-11, 28; for 1912-13, 40; for 1914, 23; for 1915, 1; and for 1916-17, none. This great change from a spirit of outlawry and piracy, coming down from the Spanish regime, to peace and industry was brought about almost entirely by the sympathetic attitude and friendly interest of the department government toward the Moros and Pagan tribes of the province. Force without limit had been used for 300 years, but apparently with little, if any, permanent results.

The Moro is no more the blood-thirsty, religious fanatic of a few years ago, but is aiding us to a remarkable degree in maintaining law and order. In fact, our success in dealing with Moro outlaws has been due almost entirely to the loyal support and aid we have received from the great majority of the inhabitants of the districts affected. 'T he Moro is industrious and a good farmer to the extent of his agricultural knowledge. He is beginning to see the advantages of education, to have respect for his Christian brother, and be more tolerant in his religious views. He is, however, proud of his history and loyal to his religion, but commerce and education al'e rapidly widening his horizon.

Contrary to the prediction of the calamity howlers, the Christion F,ilipino officers of the constabulary have succeeded completely in winning the respect and confidence of the Moro.

This testimony of an American officer is an eloquent proof of the success of our policy with regard to the nonChristian tribes.

As to the rest of the islands an eyen more perfect peace prevails. When we bear in mind that the world was in a state of war and what an auspicious occasion 266

GOVERNMENT AND POLITICS such a condition offers to agitations of all kinds, the fact that peace and order remained undisturbed in the islands is certainly indicative of the peaceful and loyal spirit of the Filipino people.

The Filipinos did not only place all their modest energies and resources at the service of America, but with the spirit of a real and active community of ideals and interests they resolutely assumed the international responsibilities of that nation in the Philippines. It may not be out of place to state here that the American flag during all that period of world crisis and commotion waved peacefully over the Philippines, not because it was supported by a military power, for that was withdrawn, but because of the loyal and vigilant attitude of the Filipinos.

No longer is any band of outlaws found in any part of the Archipelago. Neither is it easy for such a band to organize without being detected by the Philippine Constabulary and immediately suppressed. The development of agriculture and commerce will naturally induce every citizen to devote himself to a legitimate occupation, instead of indulging in the dangerous pursuits of outlawry and pillage.

From the experience of these years and the naturally orderly and peaceful temperament of the Filipinos everything points to the belief that the maintenance of public order will be insured in the Philippines and that a change of sovereignty will even more firmly impress on the minds of the Filipino the necessity for such an orderly existence.

EDUCATION

From the beginning of American occupation of the islands the question of popular education has commanded special attention. It was not, however, until after the establishment of the Philippine Assembly that education re267

ENCYCLOPEDIA OF THE PHILIPPINES ceived th~ greatest impulse and development, for the first law approved by the assembly was one appropriating the sum of P1,0001000 for school buildings in the different barrios, while the law authorizing the establishment of the University of the Philippines Was among the first to be enacted.

The policy of aiding and promoting by all possible means the education of every citizen has been constantly adhered to ever since that time, and now there is hardly a barrio of any importance having a sufficient number of school children but has a primary school. Liberal appropriations have always been made for the Bureau of Education and the University of the Philippines.

It remained, however, for the present legislature, composed of two elective houses, to finally solve and satisfactorily settle the question of giving primary education to all children of schoo' age, a question which for many years had been pending of solution. On December 8, 1918, a law was passed appropriating the sum of P30,000,000, in addition to the regular annual appropriations for the Bureau of Education, in order that within the period of five years the plan of giving free primary education to all citizens of the Philippine Islands of school age could be carried out.

From 1912 to 1918 the total number of children in the school increased from 440,000 to 675,000, an increase of 54 per cent. The number of schools Was 3,000 in 1912 and increased to 4,700 in 1918. During the same period the number of pupils in the intermediate schools went up to 67,000, an increase of 160 per cent. Tlie number of high-school students came up to 16,000, an increase of 220 per cent. Voluntary contributions for the maintenance 268

GOVERNMENT AND POLITICS of schools and salary of teachers in those municipalities having insufficient funds for the purpose have increased from P198,000 in 1912 to P468,000 in 1917.

Such an improvement in the system of popular education, both as to quantity and quality, came hand in hand with the assumption of greater responsibilities by the FilIpmos. From the beginning the Filipino teachers have had charge of primary education, and they noW constitute 98 per cent of the teaching force in the intermediate schools and 44 per cent of the teaching force in the secondary schools. They have also been given access to higher administrative positions. Of the 350 supervising teachers, 86 per cent are Filipinos and the majority of the academic and industrial supervisors are also Filipinos. There aresix Filipino division superintendents of schools, and both the second assistant director of education and the undersecretary of public instruction are Filipinos.

The University of the Philippines has kept abreast with the spirit and development of our public system. It was opened in 1908 with but four colleges, namely, the colleges of agriculture, veterinary science, law, and the school of fine arts. Later the School of Medicine of the Government, which was previously established, became a part of the university. Then came the establishment of the colleges of liberal arts, engineering, pharmacy, and edncation. rfhe plan of study followed by the university is of the most modern and may be favorably compared with that of the best universities of the world.

The following table of enrollment of students in the university shows clearly the rapid growth of that institution: 269

ENCYCLOPEDIA OF THE PHILIPPINES Year.

1911-12 1912-13 1913-14 1914-15 1915-16 1916-17 1917-18 1918-19

Number of students.

_______________ .___ .. ____ ._______________ ._. ______ .. ___________________ .________ _________ ._________ ._______ ._____________________________ .__________________ .___ ___________ ._._. ___ .___________________ ._______ ._______________ .________________ ___ .. ______ ._____________ ._________ .____________________ .________ __ ___ ____ ___ ___ __________ .. _______________ .___________ .___________________ ._______ .___ .______ ._ __ ._______ .______ ._________ .______________ .. ___________________ .___________ .___ . ___ .___ .___ ... __________ .__ .__ .. _______ .______ ._________________________________ __________ .____________ .___ ._____________ .________________ .____ .____________ .__ .

1,400 1,398 1,503 2,075 2,401 2,975 2,871 3,081

The spirit which has guided the Filipinos in the adoption of all manner of measures for the education of the masses of people is sufficiently indicative of the fact that the Filipinos fully realize that popular education is the real basis of all democratic governments. They are determined by all means n.ot only to maintain the present school system but also to develop it to the highest possible degree in order that the people may exert the power of an intelligent public opinion in the running of the affairs of their government.

There are positive proofs to warrant the belief that the question of popular education will be adequately safeguarded under a Philippine independent government. The people themselves are clamoring for education and there is no need of compulsory education laws, with the possible exception in the case of primitive communities of nonChristian tribes. The University of the Philippines has already trained a nucleus of sufficient number of young men in the different branches of learning, many of whom are now holding responsible positions in public administration.

In this connection it may not be amiss to advert to the policy adopted by the Government several years ago, and ever since followed, of sending young men, graduates of the University of the Philippines and other educational 270

GOVERNMENT AND POLITICS institutions in the islands, to the different centers of learning in America, Europe, and other foreign countries, for the purpose of furthering their studies and thereafter serve the Government for the same number of years in which they have enjoyed government scholarship. This policy has been recently extended to those employees of government offiees who have demonstrated unusual talent and efficiency in the performance of their official duties, thus enabling them to make a special study in connection with their respective work.

It is .thus seen that the Government has spared neither efforts nor money in the preparation of a competent personnel to take the place of the American experts who are leaving the public serviee. It is hoped that in this way it will be possible not only to maintain but to lift up, if possible, the high standards of public service in the country.

SANITATION

The sanitation of the islands has been greatly improved. In 1914 the Philippine Legislature reorganized the health service in order to insure greater efficiency and the cooperation of the provinces and municipalities in matters of public health.

Under the old system the salaries of municipal health officers were paid by the municipalities, and only those Which could afford to pay obtained the services of physicians. Such as could not afford to pay employed sanitary inspectors, who frequently did not have medical knowledge. Thus many towns were without the services of a qualified physician. Again, under that system there were no differences of rank in the service and health officers remained in the service without any chance of promotion.

There was no law compelling the m:unicipalities to devote a part of their funds to sanitation. For these reasons it 271

ENCYCLOPEDIA OF THE PHILIPPINES was deemed necessary to reorganize the old bureau of health and convert it into the Philippine Health Service.

This service is somewhat similar to the Public Health Service of the United States, in that a physician must pass an examination before being appointed to the service, and after a certain number of years he is given another examination for the purpose of promotion. The positions in tlie service are graded. A physician who starts as assistant surgeon is promoted first, to the grade of junior surgeon, then to that of senior surgeon, medical inspector, and chief of division. The work of the central office is distributed among the director of the health service and the chiefs of divisions. There is an assistant director, who is at the same time a chief of division. There are three divisions-one for the provincial service, another for the hospital service, and still another for the health service of the city of Manila.

In order that each and every municipality may have the benefit of the services of a physician, the different provinces combine two or more small municipalities and place them under the care of a municipal physician. These groups of municipalities are called sanitary districts. The municipal physician is required to distribute his time among the different towns in making inspection and receiving consultations; but even with such an arrangement some of the most remote places in the Mountain and Moro Provinces could not have obtained the service of a physician if, in order to supply this deficiency, dispensaries were not opened under the care of competent persons, where the public may obtain medicine and receive medical treatment. At the present time even the most remote places have health facilities which they could not obtain 10 years ago.

272

GOVERNMENT AND POLITICS Manila may be said to be the most sanitary city in the Far East and will bear eomparison with many of the cities of the United States and Europe. The streets have been widened and improved and the majority of them have asphalt pavement. The danger of smallpox, the terror of oriental countries, which previously has been menacing the islands with regular frequency, has been reduced to an insignificant degree. Since 1902 no eholera epidemic has attained any serious proportion. Malaria is now unknown in Manila. Many of the swamp districts have been filled up.

Quite a number of municipalities have followed the example of Manila, and there are now at least ten cities which have modern water systems. In those tow.ns Where the construction of reservoirs has been found impracticable artesian wells wer~ drilled in order to supply the public with pure w.ater.

Charitable activities, such as the organization of antituberculosis societies and societies for the protection of children, have acquired new vigor during the last few years. There is now in the islands the public welfare board, subsidized by the Government, the . duty of which is to coordinate the work of eharitable institutions and to contribute to their funds for the accomplishment of their purposes. The sum of P1,000,000 has been appropriated in order to help the municipalities in the establishment of associations for the protection of children.

The Culion leper colony has been maintained and liberally supplied with funds. The opposition on the part of those who suffer from the disease and their families to the confinement of the former to the colony has disappeared, and now many a diseased person voluntarily presents himself to be taken to the colony.

273

ENCYCLOPEDIA OF THE PHILIPPINES The quarantine service has also been maintained not only with efficiency, but has been supplied with nrodern equipments.

Hospital service has undergone great improvement.

The Philippine General Hospital at Manila is one of the best hospitals in the Orient. The Filipinization of its personnel was effected without impairing its efficiency.

Schools for nurses of both sexes are maintained both in this hospital and in that of Cebu, Which has been recently opened.

It would not be too much to say that the sanitation of the Philippines will be as well taken care of by the Filipinos as formerly, and the Filipino health officers, possessing as they do a better knowledge of the peculiar habits and needs of their own people, will be able to perform their duties both with efficiency and credit, not only to themselves but also to those who have helped them in preparing for greater responsibilities.

ECONOMIC PROGRESS

The passage of the Jones law has given rise to the belief on the part of some people that the material progress of the islands w;ould suffer a setback. Facts have shown just the contrary. The declaration of the purpose of the United States to grant the Philippines its independence as soon as a stable government shall have been organized therein, and the practically complete control of public affairs given to the Filipinos have not only not caused any economic crisis but have gone far toward placing the economic life of the country on stronger foundations. The last five years have witnessed the greatest prosperity and the highest economic development the islands ever had.

Of the total foreign trade in the Philippines in 1918, which amounted to '468,563,496, as against P215,391,484 274

GOVERNMENT AND POLITICS in 1913, 63.4 per cent was with the United States, as against 42.65 per cent in 1913. This fact goes to show that the establishment of an autonomous Philippine government preparatory to independence has served to strengthen the commercial bonds between the United States and the Philippines. Mutual confidence and understanding has brought about greater economic relations, just as in the past distrust and misunderstanding has had the tendency of disturbing these relations.

Another theory which has been exploded is that economic independence should come before political independence and that, therefore, the people should not ask for political freedom ' before securing their economic independence. Our experience during the last five years has demonstrated the contrary; that is to say, that no country can expect to prosper, in a material way before having in its hands the p<?litical agencies apd instrumentalities essential thereto; in short, the most effective instrumentality for economic progress is political autonomy. Before the establishment of Philippine autonomy Filipino merchants and manufacturers could not compete with foreigners for lack of credit and banking facilities, which were controlled by the latter. But the organization of an autonomous Philippine Government has paved the way for a phenomenal development of the commercial activities of the people.

The Government created the Philippine National Bank, 路whose resources amounted only to P20,000,000 in 1916, which increased to more than P230,000,000 in 1918. This success has probably very few precedents in the world's history of banking.

The total foreign trade of the islands in 1913 was P215,391,484, with a balance against the islands of P11,OOO,OOO, while last year, 1918, our foreign trade 275

ENCYCLOPEDIA OF THE PHILIPPINES amounted to P468,563,494, with a balance in our favor of P74,196,648, which means an increase of P253,172,010, or 129 per cent, in 1918 over 1913.

Our money circulation has increased also, for in 1913 we had P50,697,282, or P5.52 per capita, while at present we have in circulation P132,602,968, or P13.68 per capita.

Taxation in the Philippines was P4.28 per capita in 1913, compared with P5.36 per capita in 1917.

Another eloquent proof of the remarkable development of the islands is the fact that during the last few years 3,065 domestic corporations and firms were organized, with a capital of P452,192,197, to say nothing of 95 large firms, American and foreig:n, of world-wide reputation and with enorm'Ous capital, wihich have their branches in the Philippines.

PUBLIC WORKS AND PERMANENT IMPROVEMENTS

Our economic prosperity thus far obtained is undoubtedly due in large measure to the policy steadily pursued by the Government of devoting every year considerable sums of money to the promotion and extension of public works and permanent improvements. Roads have therefore been built everywhere, thus putting in communication ",'ith the outside world places hitherto inaccessibJe, and through an excellent system of maintenance we have been able to prevent the destruction of these roads and get the greatest benefit possihle from the money invested. Shipping has been likewise fostered with the construction of piers and wharves, the dredging of rivers, and the making of other improvements in many ports.

The lighthouse system has been improved, and the work of coast survey ,continued. The mileage of our railroads has been increased, post and telegraph offices have been opened in 276

GOVERNMENT AND POLITICS many municipalities, public markets-substantial as well as hygienic-have been built, waterworks systen$ have been installed; in brief, a broad policy of public works and permanent improvements in all the provinces, has been worked out, yielding the quickest and most beneficial results. The following figures show the progress ' of road building in the islands: Roads

Yeai'.

in eX1'.stence from 1908 to 1918 First-\ Second- \ Third- \ class class class Total. road. road. \ road.

1 1

Km.

1 1

Km..

1908 ............... 1 397.0 (a) 1909 ............... 553.5 (a) 1910 ............... t1,23,o.2 1,031.3 1911 ............... I 1,587.6 , 1,068.9 1912 ............... 11,839.6 2,11)9.9 1913 ........ '. . . . . .. 2,09'?iJ 2,034.6 1913 b .. , .•........ '12,233.8 2,024.6 1914 ............... 2,564.0 2,024.3 1915 ............... 3,067.7 12,032.2 1916 ............... 3,439.6\2,045.8 1917 ..... '. . . . . . . . .. 3,738.7 2,056.6 1918 c ...•.•••...... 3,936.0 I 2,019.9

I

a

Data not available.

b July 1 to December 31, H113.

II)

January 1 to June 30 only.

277

Km. (a) (a)

3,337.6 2,956.8 \ 3,216.8 3,118.1 3,138.7 12,875.7 3,051.7 3,440.7 3,348.4 3,294.8

I

I expenditure Total for roads.

Km. (lit) 397.0 (lit) 553.5 (ao) 5,599.1 5,61.3.3 P5,671,436.56 7,216.3 5,961,858.67 7,250.0 I 6,949,596.39 7,397.1 3,680,435.,09 7,464.0 7,201,190.79 8,201.6 7,699,097.86 8,926.1 8,035,141.05 9,188.9 8,852,360.05 9,250.7 5,744,839.52

00

-:j

t-:I

r

1915

,

,

1916

etc............... '.......... .

Expenditures: General administration ....... .

Expenditures of operation of industrial and commercial units,

Total revenue ...............

I,

l

7,182,996.20

26,558,476.16

7,623,904.40

25,384,849.41

45,704,855.69

I- - - - - -

39,448,220.70 I'

'

I ....... .......

!

I

Source of revenue: Revenue from taxation ........ , P25,769,492.78 , P27,957,3Q8.95 Incidental revenue ............. I 1,191,204.53 1,664,392.05 Revenue from commercial and in- r , dustrial units ..............., 8,479,212.96 1 9,326,810.77 Other income of operating units.

80,720.73 I 175,262.89 Dividends on bank stocks...... . .. , . " ....... \ 157,526.05 Income from United States Army Transport Service ...........

I 125,315.10 Other revenues. . . .... . .... . .. .

3,927,589.70 I 6,298,239.88

Items of revenue and expenditure.

4,053,041.12 1,439,924.84

9,063,829.24, 1

9,076,385.75

1,799,486.10

212,155.52

157,260.73

122,636.87

2,506,110.85

P7,491,103.35 631,878.27

Increase or路 decrease 1916-17.

29,437,890.53/

54.,781,241.44

337,470.62 4,498,753.78

11,832,921.62 52,626.02 314,786.78

P35,448,412.30 2,296,270.32

1917

Financial condition of the Insular Government du,r ing the last three years

The following figures show the progress made in the finances of the Government during the last three years:

INCOME AND EXPENSES

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I I

I

lO,234,11§.77

I

4,798,042. 56 1

40,906,813.13

10,234,116.77 'I 15,032,159.33

8,883,096.66

1,?51,020.11

38,097,200.59

I I I I

1,000,117.30 686,873.1.4 22,500.00 99,476.30 6,042,123.53 46,969.05

NOTE.-F.igures in italics indicate decreases.

1

Cu;::~t .s~.r~.l~~.~: ~~~. ~~~ .~~ ~~~ t

1

I

t

,urplu, for th, y,ar .. / Current surplus at the beginning of the year .................

em"",.t

Total expenditures ..........

I

972,193.75 1 Interest on public debt ......... I Sinking funds ................

982,786.63 I Repayment of loans ............ • ............ ·1 Gratuities ....................

Outlays and investments ...... . . '2',065:4'9'6'.60' r Other expenditures ............

335,251.25

24,404,683.03

15,032,159.33

9,372,523.70

45,408,717.74

1,289.822.62 855,639.49 22,500.00 584,353.28 3,992,291.45 162,391.13

9,372,523.70

4,798,042.56

4,574,481.14

4,5,()1,904.61

115,422.08

2,049,892.08

484,876.98

.............

289,705.32 168,766.35

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ENCYCLOPEDIA OF THE PHILIPPINES THE NON-CHRISTIAN TRIBES

Before President Wilson decided in 1913 to appoint a Filipino majority to the Philippine Commission, the control over the so-called non-Christian tribes was entirely in the hands of Americans. It was not until that year that the Filipinos assumed the responsibility for these tribes.

Both the Philippine Commission with Filipino majority and the Philippine Legislature have expressed in unequivocal terms, through legislative acts, a liberal and altruistic policy looking to the welfare and betterment of these primitive people.

The act organizing the Department of Mindanao and Sulu, in 1914, was pasSed with the object of carrying out this policy, and 'Pf furnishing said territory with a central organization and with officials who could more directly look after the welfare of the inhabitants. Later the legislature established t~e bureau of non-Christian tribes, provided for in section 22 of the Jones law:, and set forth the duties of the same in the following words: To foster through all adequate means and in a systematic, rapid, and thorough manner the material, moral, economic, social, and political development of the regions inhabited by non-Christian Filipinos, always having in view the permanent mutual understanding and complete fusion of the Christian and non-Christian elements living in the Provinces of the archipelago.

To insure the success of this policy the organization and extension of public schools in all the non-Christian territory has been the object of special care. Since 1903 primary schools in Mindanao and Sulu, wihere the Arabic and English languages were taught, have been organized.

However, in view of the novelty of the plan and the distrust on the part of the Moros and other non-Christians, the success of the public schools w,a s very little. Toward the end of the school year 1914 the attendance of these schools was 280

GOVERNMENT AND POLITICS 4,535. During the last five years, when the Filipinos shaped the legislative policy toward the Moros, progress in education has been tremendous. The following figures show the average daily attendance and the expenses incurred from 1912 to the present time: Average daily attendance.

Fiscal year.

]912 ..................................... .

1913 .... '................... , . . .. , .. " ... .

1918 (calculated) ......................... .

3,807 4,535 16,114

Expenses.

P93,987 137,069 650,000

A clearer idea of the progress of education amongst the non-Christians will be given by the following data: The number of teachers in the Mountain Province in 1912 was 93; today there are 251. In 1912 there were 64 teachers in the Province of Nueva Vizcaya; at present there are 67. In the whole Department of Mindanao and Sulu there were only 99 teachers in 1912, whereas today there are 783. The splendid spirit demonstra.ted by these teachers by leaving their homes to go out to the non-Christian provinces is going to be a strong factor for the unification and naturalization of the different elements of the country.

Side by side with the extension of public schools the public health service has also progressed. In 1914 the school and health authorities in charge of the Department of Mindanao and Sulu established a combined plan of schools and public dispensaries, of Which 17 are already in operation at central points. Approximately 30,000 patients receive treatment in these dispensaries every year.

Besides these school dispensaries, there are 9 special ones under the control of the health service.

281

ENCYCLOPEDIA OF THE PHILIPPINES No less important than the health work is the extension of public works to all the regions inhabited by the non-Christians. Special attention has been devoted to the construction and maintenance of roads, the improvement of ports and landings, the extension and maintenance of telephone lines, waterw-orks, and the construction of public buildings, especially schools and hospitals.

But this is not all that has been done. The non-Christians are also taught how to get the best results from the natural resources of their soil. Every year a considerable number of graduates from the College of Agriculture are sent to the non-Christian provinces, to the end that they may teach the inhabitants the modern methods of cultivation. Interisland migration has been fostered by the government's help to those who establish themselves on Mindanao and Sulu lands for the purpose of cultivating them and of living with their non-Christian brothers. In 1917 the Philippine Legislature appropriated the sum of P100,OOO for this purpos1e which amount was increased to P250,OOO last year.

By virtue of the Jones law the non-Christian tribes were for the first time granted representation in the national legislature. Three prominent and representative Moros and two pagans have been appointed members of the senate of the house representatives. The Moro senator and representatives have been given the special privilege of taking the oath of office in accordance with the rites prescribed by the Koran. This step was look upon by the Mohammedans as a proof of religious tolerance and respect for Mohammedan beliefs on the part of the Christian Filipinos.

At the time of the inauguration of the Philippine Legislature important memorials were presented expressing the feelings of confidence and affection of the Moros toward 282

GOVERNMENT AND POLITICS their Christian brothers. These memorials were sent to both houses of the legislature and were signed by the Sultan of Sulu and by the most influential datos of the different provinces of the department. In them they express their gratitude for the material benefits received and the political privileges granted them during the last three years, and also for the liberal appropriations for public works, health service, and schools, and for the representation allowed them in the Philippine Legislature in accordance with the new organic law of the Philippine Islands. In these memorials the hope is also expressed that the administration will continue making closer t he present relations among the inhabitants of the Philippines. Most of the data referred to has been taken from a recent official report submitted by Gov. Frank W. Carpenter, of "the Department of Mindanao and Sulu, who is at the same time Chief of the Bureau of Non-Christian Tribes.

THE ENGLISH LANGUAGE

It can be asserted without dispute that the English language serves at the present time as a comm.on medium of communication among the islanders who still speak their own dialects. The progress of the English language has been the result of the splendid work done by the public schools, and today English is the language most widely spoken in the whole Archipelago. Business between the central government and most of the provinces and municipalities is transacted in English. True, the proceedings of the Philippine Legislature are still in Spanish, but the acts are translated into English. The English language prevails in the commercial transactions of the islands.

We will not have to wait very long before the English language is the official language even in the courts, and the language most generally used in private life. The 283

ENCYCLOPEDIA OF THE PHILIPPINES present leaders of the people have a working knowledge of the language and many of them read and write it fairly, if they do not speak it, with 路lew difficulties in their official conversations. The younger generation has a thorough kno,vledge of the language and speaks and writes it in most cases.

The spread of this language as the common language of the inhabitants of the Archipelago is assured, not only because it is the basis of instruction in the public schools, but also because it is essential to the best interest and the future of the people. Once the plan is carried out of giving primary instruction to every child of school age there is no doubt that th.e generations to come will speak English, which will certa~nly obtain a firm foothold am:ong the people.

It is not only the public sehools that teach English; the private schools do so likewise. The law requires the Department of Public Instruction to grant licenses for private schools and to exercise supervision over private schools and colleges of all kinds, with the power to approve their courses of study and to revoke their licenses if the conditions established by the Government are not fulfilled.

For a long time now these colleges and schools have been ordered to make English one of the required subj ects, and their instruction has steadily improved.

It is inconceivable that the Filipino people, when they shall have become independent, would take any step other than that of continuing this policy. It would be unreasonable to undo what has been done without mentioning the great expense which such change of policy would involve.

We therefore venture to assert that the predomInance of English is assured.

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GOVERNMENT AND POLITICS REQUISITES FOR A STABLE GOVERNMENT

The phrase "stable government" has a definite meaning in the foreign relations of the United States, especially in connection with its dealings with the weak countries that have fought for their independence. This is not the first time that the American Government has made use of this phrase as regards the recognition of new States.

The conditions required by the United States before granting such recognition are m.erely conditions of fact; that is to say, where a government de facto is established and whether such government has conditions of stability.

In 1875 there was considerable agitation in the United States for the recognition of Cuban independence, and President Grant III his message to Congress expressed the idea that recognition would not be possible until the Cuban people could establish a government possessing elements of stability. Quoting his words: Where a considerable body of people, who have attempted to free themselves of the control of the superior government, have reached such point in occupation of territory, in power, and in general organization as to constitute in face a body politic, having a government in substance as well as in name, possessed of the elements of stability, and equipped with the machinery for the administration of internal policy and the execution of its laws, prepared and able to administer justice at home, as well as in its dealing with other powers, it is within the province of those powers to recognize its existence as a new and independent nation.

Dwelling further on what he thought a stable government was, he said: To establish the condition of things essential to the recognition of this fact, there must be a people occupying a known territory, united under some known and defined form of government, acknowledged by those subject thereto, in which the functions of government are administered by usual methods, competent to mete out justice to citizens and strangers, to afford remedies for public and private 285

ENCYCLOPEDIA OF THE PHILIPPINES wrongs, and able to assume the correlative international obligations and capable of performing the corresponding international duties resulting from its acquisition of the rights of sovereignty.

President McKinley, in discussing the recognition of the independence of Cuba, quoted the words of President Grant, saying: The United States, in addition to the test imposed by public law as the condition of the recognition of independence by a neutral State (to wit, that the revolted State shall "constitute in fact a body politic, having a government in substance as well as in name, possessed of all the elements of stability," and forming de facto, "if left to itself, a State among the nations, reasonably capable of discharging the duties of a State"), has imposed for its own government in dealing with cases like these the further condition that recognition of independent statehood is not due to a revolted dependency until the danger of its being again subjugated by the parent State has entirely passed away.

As a result of the war, Spain had to Withdraw her sovereignty from Cuba. The American Government temporarily occupied the island and proceeded to organize a stable government. The first measure was the taking of a census which would ShOWl the degree of political capacity of the people. In this way it was found that 66 per cent of the inhabitants of the island could neither read nor write-a percentage greater than in the Philippines, where illiterary is 30 per cent--and limited suffrage was established, based more or less on the same conditions noW' required in the Philippines. After the census the military governor, General Wood, promu1gated a law which provided for the holding of provincial and municipal elections.

Thereafter the same voters who took part in these elections were qualified to choose the members of the constitutional convention which drafted the constitution of Cuba.

The military governor inaugurated the convention, and by order of the Secretary of War said, among other things: 286