Page 1

PHILIPPINE LAW

JOURNAL

A PORTION OF AX ADDRESS 3ELIVERED BY EXECUTIVE SECRETARY YILLUlOR, .ME~IBER OF THE BOARD OF HEGENTS OF THE VXIVERSITY OF THE PHILIPPINES, ACCEPTING, OX HEHAU' OF THE l"XIVERSITY OF THE PHILIPPI~'.;ES, A PAINTING OF HOX. CAYETANO ARELLANO, CHJ.EF Jl'STICE OF THE Sl:PRE)IE COVHT, PRESENTED Tu THE UNIVERSITY AS THE CLASS MF.~IORIAL BY THE GRADl"ATIXG CLASS OF TIlE COLLEGE 01<'LAW AT MARBLE HALL OX WEDNESDAY, APRIL 1, 1914. Difficult and l'xa(,ting as is thl' rommission ('onfided to me by the Board of Rl'gf.'nts, to repreSl'ut it on this solrmn occasion, I have accepted the same witllllut rl'Sl'I"\'ation, ht-cnuse this line portrait which you have just given the Ulliwrsit.y is 50 full of dl,lieate shadl's and suggestive clUlnn5, that It is illll'tlssihle ~o n'sist the dl'sire to cxprl'SS admiration and regard for the gn-.at 1113nit portmys, Although, asa gl'n('ral rul(', portraits are convincing as l'vidl-,i('e "f relationship or of identification, they are not, however, such l·\·idl'nn- as regards the work that has hl't'D dODl'hy the Pl~rsoDSthey represent, So, I ask that ~'(lUwill hear with IDe, while I rl'late to you something of the life and :Il'('omplishnll'nts of the illustrious Chil'f Justice of the Supn'me Court, a liwlI of the highl-st ('\1l1J:':l~'tl'r'amoDgall those who have distinguishl'd themselws ·jn thl' intl'II('('tual life of this country. Cracllt·d ill the It-gl'n()ary t"WII of Orion, in the pnJ\'inl'e of Bat-aan, am"ngst a 1'1'''1,11' WhO"'I' prillC'ipnl nouri~hnll'nt i" fbh and' other I'E'1l f'hld, ~l'nor An'lIauo dOl'S not ~'et fel'l the weight of his .\'e:lr", but, on the c'ontrary, still enjoy,.. all the \'igor of a rug-g-l·d and well preserved hehlth, Ill' wa" l·dueated in fill' ('olll'ge of San .Juan de Letran and the Uni\'er,..iJy Hf Sto. ·Tom:l,.. ill till' ('ity of ~[anila, whl'n' Ill' distinguished him,..df n'IIHIJ'kahly ill the higher "tudil'" of philolog-y, philo"ophy, theo-


logy, and canon and civil law. Literature has furni"hed him with a large fund of auxiliary knowledge, and hi,. profoul!d study of bistory has given him the _experience necel"saryto judge the vicj,:situde,:of the livel' of men and of nations. -Gifted with a well-balanced mind and with analytical and l<ynthetical -talent, devoting himsl'lf constantly to a !'cbolar's life, he became the most learned man in the law of an)' that have ever belonged to the Rar of this country Aftcr practicing his proft>ssion for a few years he was appointed a member of the faeult~· of law of the University of Santo Tomas, and in his class T'oom man~' of the be,.t iutelle<,tl< in the Philippines bave been moulded. It can be ,.:aid that of all the Filipinos who have distinguished themseh-es since the latter part of Spanish administration to the prel'ent day, there are few who have not been taught by Senor Arellano or who -ha,-e not profited by his wise counsels. Perfectly familiar with thc lawl', cw:tom,.; and hi,:tory of this -coantry, Don Cayet.ano rendered the most valuable -aid to General Otis in the organization of the c~urts of justice, in dnlfting the civil marriage law, the Municipal Code, and General Order No. 58 on criminal pro<'edure. As regards the organization of municipal governments, the following words of the President of the United State;;, contained in the Instrnetions to the Philippine Commi."sion, de!'erve mention: "In the establishment of municipal govcniments the Commi;;.;io'i will take ItS the ba"i" of their work the j?overnment e!<tablished b~' the Military Governor under hi" order of AUj!ust 8, 1899. /lnd under the report of the BOllrd constituted by the llilitury Governor by hiJo< order of June 29. 1900, to formulate and report a plan of muni(~ipal government. of which hi" honor ('ayetar.o Arellano. Pre",ident of the Audienda, was chairman, and they will gi"e to the <'onelusion", of that Board the wei~ht and consideration whi{'h the high ehara{·t.er and di:.:tinguished llbilitie,. of its members ju;;tify." In ju!'t re('ognition of his merits he was appointed the fin;t Chicf .Ju"ti(·e of the Supreme> Court of these Island;; after Am(~rican oe{~upation, an office which he still holds with u!li\'el'>'al approbation. In 1904 Yale Univerl"it.', conferred_ upon him the degree of LL. D., IInd in the SaUlI' year he WllS de!'ignated to repre,.;ent the United StateI' :tnd the Philippine Island" at the Jnternlltional Congress of Juri,:t>' -held at St. Lnuis.. Recently, the University of the Philippines conferred upon him the same degree of LL. D. Humble as was his childhood, hi,.; loyalty and integrity were never (luest.iom·d. As professor in SlInto Tomas, as .If(/gi.~I,.adu s'.lplente of the !lId A udiencia ill' .lfani/a, as memlx'r of tIll' Cnun{·il lIf Administration, under

the Spani"h

Government,

he al\\'a~'s lived up to the high ideals


of a sdlUlar and a gol'ntlelllllJl;but, as lIiss X"rton sa)'S nowhere '''more luminousl~' tll<ln in the' ehllir oeeupied b)' the Chief Ju ••tice of the Supreme Court of the Philippine Island ••, pro,'ing to his countrymen for all time, tilut clUe of their number-and if one, then man)'-may ba,'e tbe beaut)· of dUlral·ter and lof'tiness of intellect which is the gift of God to his dlO ••en ••ons; be they Malay or Chinese, of England or Bombay; be they born where the ri::;ing sun fin;t lights its !'lly~, or where it finishes it... t ired course." By nnture re..served, like all great thinkers, he finds attractions only in his horn\.' and in his "plendid library. He has de\'oted himself so &8:siduousl)' and succes",full)' to the study of jurisprudence that it can be said witbout ,hesitation that no one in this part Of the world has a deeper and a hroadl,r knowledge of thil:' :subject than he. He knows law, and juri"pruden ••e to the mo"t minute details, and is a bock of reference ('oDstantly open to all who de••ire to lel.TDit", wi.. ••e doctrines; for, besides being a man of ~l)e highe:;t iearning 'and broadest culture, he has an :ldmirahle "haraeter, upright, ju;;~, affable and kind. On account of hi" extreme diffidenee, Don Cayetano Arellano has never devoted himself to the writing of books; yet, who can doubt that hi•• luminou •• opinions scattered through the \'olumes of the Philippine H"ports constitute veritable jnridieal monograpbs' His -Apuntes are legendary among hi...;student;;, and e"en among foreigners. It is said that the great commentator Sanche'z Roman was \'ery fond of them. Baldomero Argente, now a distinguished Spani:sh ",tatesman, when his pupil, puhlished a part of them in 1894-1895; to-day, in his maturity, he has in~orporated thelU in one of his recent works. Don Cayetano el1n above all he justly proud of his rel'ord as a professor of law, for when the names ~f his disciples ar!c' t'atalogued, the)" wiU be fnund to cover whule pages of Philippine hj,;tory. SUl·h is Don l'ayeti ••,,, Arellano, the erudite proCessor, the wise jurist of ,,"••rld-w:de reputaton, the glor~' of the Filipino pl-'Ople. Let u•• now turn t ••,the "agree'uhle companion," aCl'ording to Justice Tra.O)', to thl' ·'skilll·d ('llllH'rsationalist," :lc,oording to Miss Norton. In this he is an inimitable mu"ter, ju"t a" mUl:h so as in expounding Spanish t,ivil law. Ill' is rl,lated in II el'rtain way with the Tllgalog Dante, Fran,.;""•• B~ilta7.Ur.author cif "Flomnte," hut, his kinship with hiJD is mueh dO"l'r in the singular illnatein him.

(IUlllitie~ of wit, geniu>s, and vivlidty

which' are

It i" "aid that while he wu" pnH,ticing law he wu,; never able to "Ieel' well. An iUl'ident in un ejeetmcnt (oasc dcddt·d the future of Don CII)'l'tanu, Ill' was ahout to los" tlu' ('a"l', and a struilge mixture of


pity for his dient~ and fear of t1U' deri,..ion 1\'bi('h threatt'ned to compromi,;e his profesl<ional bonor and reputation so 1\'orkt'd upon him, that his fa mil)' feared for his reason. Xot finding an)' legal outlet, he paeed his room for one whole da;r witho'ut a mouthful of food, a s)'mptom that to his family appl'an>d to augur a f2tal end. But a ra~' of light illumined his mind. In going over his pailers and memoranda, which lay in disord2r ullon his dpsk, he found that tht' property in (!ue,4ioiJ WIIS a Pllrt of a!l undi\'ided estate~ He bounded upstairs and grasping hi!' wife's han* said: "I have found it! Xo'-, get me some ehoeolatt"", which l'onfirmed the family's bla('k presentiment that ht', had lost h;s reason. But as he beeame ver~,.quiet, ute wt'll, slept well, and eomposediy wrote a brief ll'hich ..;mashed the plans of his adver,;lInes wilo were already preparing to eelebrllte their triumph; tbe .tempest passed and the !'wollen 1\'aters receded. He subSl.'quently aecl'pted an appointment as Jlagh<trado I'llpumte of tbe .Audiellcia de Jlallila, Juan de Ieaza and Josl> lforeno La<'alle, wbo were famous member;< of the Philippine Bar, dh'iding b;>twt'en them the fine law business ieft by Don Ca~路etano. SineI' that time, after ,,'riting decisions until late of the just and ri"es with thirst whil'h sends bim to

devoting him;;e1C to l"tudy, making notes, or at night, by (:.mdle liglit, he ,..It'eps the sleep the sun, feeling nothing nt all but II morning the native jug to drink water by the gallo.l.

It is well worth knowing that the da)'" pre"iou>' to those when he mu"t report his ca>'e>' to Court for dis('u"sion are !'aerea to him; and his friends are warned thut he would reeeh't' no one on "ueb duy~, for he studie" his cases und writl'S his deei"ions like a studt'nt preparing for his final examinations. The vulue of anec路dote" of his is not in the >,tory itself but in his WilYof telling it; in the urbane tone, tbe pi<-ture"<iue word, the ever e-asy flow of language; in the Horatian rapidit~, of transitions and digressions: now it is the Ca",tilian plain; again' n Filipino ('as('ade of those which were so beautiful and had l'uch a m~'steriou" ('harm for RizaI. I1is conversation, as a whole. is to-duy ab"olu!el)' unitlue in the Philippines, on account of its excellence, its ('I<,gan('e, it" de;.ign and it" del'p meaning, and, lastly, by rea"on of the wealth of its \'o('abulliry of genuine old Castilian. His Philippinisin is ,'cry Filipino, with a tin~t' of Galleg:llI sadnes~ While in Wa",hington, in Rome, in Paris and in London, ill 1904, in the midst of the adulations of his frit'nd"" Filipinos as well us foreigne~ ht' was dying of homesickness. "I ennnot find \i'ords to prllil<e all this"he would ,;a)'-"and for that ver.r reason 1 feel \i'ear.)' and low spirited."


"nut"-Bt'nito Legarda and otl1l'r fri.'nd" would ~IlY to him-"do you think that your !Jt'ing Iwre wOllld make ('\'erything go ,,'rong in the Philippines; that t h•. Illl'mbers of ,your flllnily will fll\1 ill, and that your presence t111'rewould "et everything all right f" "Certainly-not,"-he would reply,-"I will not 3Tglle that, I do not rt'uson about it; but I know that I would be beltl'r off in my little home .OD the "banks of the Pasig." IIis imagination, illllH'lIed hy his feeling", would hring to his lDiDd the recolleetion of his "pil(·ious .dining-room overlooking the Pusig river; Sugan's paintin~ "El ~I('nlligo"; his own •.ffigy in r..lit'f by ::; sculptor of Paete; the tepid bn'cze t"lIlp•.red hy the humid hreath of the Sultanesf' of t'~e Pa"ig, turning- the pages of the books littned on the broad tabl., and tl.~ rattlln annchair. flis hornt', likt' ~tn oasis in the dt'sert: what a place it is during the hour" <len'led to hi" family, round the "~ilipino ht'arth~tone! E\'el)'thingin the .hea\"(~nsabon', in th" e~uth belo\'; and what is under. the eartn,'lll is thert' dis('u"" •.d in the most l·xlluisite manner possible, from a :-piritual pomt of view. After a. theme hilS heen devekJped in a Iiolid and masterly nHlJIIIt'r, an ('pigrlllu or u maxim is injected into the {;onvt'rsation, which t'nlinns it like a meteor or a f1aloihof lightnin~ in a ~Iay tempe,.;t. Without heing a profound Tagalog H'holar, he make8 such good use ·uf the aphorisms and idioms of this greatest of. Filipino dialed,.;, that, a,.; u,..t'd b;y him in his storil's, ane('dott's and fable •.• , they typif.\' the ('harad('risti('s of tlil' ra('e, /Iud are rt>ml'lDbt~r('d ever after. 'Ye have known the fads tliat dlarad.eri7..c the gr.'ut jUriS('OD"Ult, und we hU\'e apprC<'iatt'tl t1ll'm, These intimu"i •.s of the life of Don Cayetano best portm)" thl' Illan; "they ure tht' atlrn"tive reverloie or the medal rl'pr('S('ulin~ the fi~ure whid. austen-I,)' shmds at the head of the Pliilil'pil\l> Bl'lll'h, on whi('h height he ha" 1I1ready lICen touched Ly the ru.\' of immortality, and I believe these persllnali';('s art' the most ~steemed, as they reveal beatl>.

what is most vlLlu('d umong men-the

heart


By Professor

ERNEb'T

B.

CON.,lNT,

of Law, Ut!iversity of ti,e Philippine.

The Gennan anny is now in full occupation

CJf

Belgium and the news

has just come (to Manila, August 29) that !<'ield lfarshal ,~on der Goltz has been appointed Governor. 'Vhere a nation not entirely subdued, tht.>

is

holding of conquered t('rritory is eonside1".~ a.<; a mere militar>' occupation, until it!' fate is detennined

at the treaty of peace.

Compauy v. Canter, (1828),1

(American

Insl.lrance

Peters 511.)

This kind of occupation is nothing new.

Gt-nnany ()('cupied the greater

part of Franc.e in 1871, the British occupied a part of tht; State of Maine in lS14, the United States occupied Ii part of Mexico ir 1846 and Manila iIt 1898.

Upon the (l(,eupation of the foreign territor.'

the nation occupying

immediately attaches thereto.

the sovereignty of In United

State.

".

Rice, 4 Wheaton 246, the question arose whether goods imported into Castine, llaine, while in the military possession of the British forces, were liable to the duties imposed by the revenue laws upon goods imported into the United States. On September 1st, 1814, Castine was captured by the British and remained in British po~.ssion, ish military

under the c.ommand and control of the Brit路

and naval rOl"(~~, unm after

of peace in FebrullrY, 1815.

the ratifieati~n

of the treat)路

During this period, the British government

exercised aU civil and milit:u'>' authority

over the pInel'; and established

a custom-house and admitted goods to be imported, according to .regulations prescribed by itself, and, among others, admitted goods upon which duties were aftt'rwllrds dcmandLodby the United. Rtutes.

These goods rt'mained at

Castine until after the evae.uation by the Rritish, and upon the l"{'('Stablishment of the American goVt'nllllcnt, the Colledur of .Customs claimed a right . to Amerit'an dutit'S on the gUHds. It was ht'ltl that while Castine was in the military possession of tilt' Rritish fon'Cli. it was not a port of the United States, within the mt'alling of the rt'vcnne laws, and that after the evacuatioll of tht' plu('(" the Uuited Rtaks ('uuld into it during the occupation.

1101.

(,1l1lt'Ct dutil'S on gOllds iml)Orted


But, on the otlll.'x hand, the ti'rlitory foreign

It'rritor)'

thus occupit>d 'is l'l'gardt'd as

to that of the nation occupying until some _further

aet

on the part of tht' (J("'upying natiun to in(,orporate it as a part of that nation.

Hence, goods

imj)ortt'd

from

territory

tbus

~upied

into

the

countl)' of the Qe"upier are suhj,'Ct to duty ns goods from a foreign port. On Novemht'r 15th, 1846, Comm(.dore Connor, of the Unit4..'Cl Statj!8 Na.vy, took militar)' possession of Tampico, in Mexico, a.nd frqm that time until the treat)· of })('a('e it was garrisont>d by the United States forces and remained in their

military

()(~(·uplltion. Justice

was ad~inistered

there by

courts appointt'd undt·r military authority, and a. custom-house was established there, and a ,·oll,,'C·torappointt'd, under the military and naval authority. It was held in Fleming!:. Page, 9 Howard 603, that goods imported into the United States from Tampico, while in th", military O('.eupat.ion-of the United Slates forees, were to be ronsid"n'Cl as importations

from a foreign country.

Chief Justice TlUIt',Ysaid, p. 616: "The p'~l'Son who a(·ted in t.he characur

of

Collector in this instanct', a,·tt'd as 5ueh under the authority of the military ('ommander, and in obedience to his ord,'I'S; and the duties he ('xacted, and the regulations

III.' ado)ltt'd,

wt're not those prest,ribt'd by law," (i. e, by

aet of Congress) "hut by th(' Pr('sidt'nt in his dlltnwtt~r of commander-in(·hief.

The ('ustom-houS(' was establislll.'d in an ent'my's country; as one of

the weapons of war. . . . • . . .

It was a mode of e' a.eting contri-

bution" from thc ent'my to "upport our IInny, lInd int,md2d Illj;o to cripple the resources of Mt'xico, and make it feel the evils and burdens of the war.

The duties re1luired to be paid were regulated

were nothing more than clIntributions

with this view, an:l

It'vi,od uHon the enem)', -,,·hich· the

usages of wllr ju"tif)' when an ann)' is operating in the enemy's country." During

the military

occupation

the 1(I(Oallaws of the territory

oe-

"upied eontinul' in fOfloeuntil they art' repealt·d or alten'd, and tHis continues even after

a conquest

or ('(,l;8ion of the It·rritery.

O('('upation of \"ariolls depart.mt'ntsof 1870-7J, the G"rman

authorities

During

the milit."llJ·

Fran!'l', by the Gt~rman army, in

t1wfl·in ('auS('d the trees .in the fOJ'ClltB

of the slate to hI' ('ut dowil and sold, deriving t1wr(·fn,m a t'-t'rtliin revenue. -A Frc'neh dtiz"n from the G(·nnlln".

"ngug"d in the traffic in tlll'l!C tn>t·s, pun,hosing ,\ftt'r

the wor he WIISpro"t·(·utl·d for

H

them

brl'R('b of the

fore;;tr~' laws of Fr-.lIwe. The Ca.~e (If (ille,.in, Court of A1'I'('al' of Nanl'y,


18,2, Daloz, 18;2, II., p. 185, (Snow's CaSt.'ll, Int. l_lIw, 3;5) the tK"i:upatiun of a department

held that

of Fral.1ce by the troops of the enem~'

did 1I0t suspend therein the civil aud <,riminal laws of ~ran<'e; which continued obligator)'

upon all Frenehmen,

so long lit lell"t as they bad not

bt.-en expressly and specifi<'.all)' abrogated by the exigencil'S of the war. In rillas.~eque's Ca.~e,lE~18, Ortolan': Diplomatie de la llt>r, 2d Ed. I., 324, {Snow's Cases, Int. Law, ;{80) the ]<'ren(·!JCour de Cassation ht>ld that •. ('rime ('ommitted by a Frend.

eiti:wn in Spanish territory,

O<'<'upit'dand

adllliuistt'red by the Fren<,h army, was eOJnmittt'd in a foreign country. was said in the judgment Frmch

that "the occupation and administration

troops and authorities

'It

'by ·the

had not communicated to the inhabitants

of

Catalunia the character of Frenchmen, nor tti their territ"ry' the character of J.'renl"h territory;

that that condition could not come about t>xfept by an

act of incorporation

passed by the law making pOW('r, whidl had not yet

~n

done." All ci"il offi<'ers hold of~e~ until others are lIppointed in the:r places.

This is true of collectors of customs, judge's of the courts and all officers of tile· f,mner established government. 1853, 16 Howard

HH, con~ins

cupation of California

The syllabus to {'ro.~s

t'.

Harrison,

the following, nogarding the military

0<'-'

by the United Stall'S forees:

"In the war with Mt'xic,o, the jlort of San Fran('iSt'O was ('Ol\(luered by the arms of the U'Iih·d ~';(ates, in the year 18-l6, and shortly afterwards the United States had militury pos,<;t'l;Sionof all of Upper California. Early in 1847 the Pn'l5ident of the t'nited Statl'S, as Constitutional Commander-in-Chi(~f of the Army and ~a,'y, authorized the military and naV'.ilc'olllnlan,l"rs of the rnited States forel'S in California tu exe~ise the belligerant rights ef' a run1IUI'I'or, and to form a ci\;1 and military goVt'rnnlt'nt for the con'luen'd territo.ry, with Jlower to imJI"se duties on imports :wd tonnage for the support of sU('h g-(I\'ernment, :md uf the an.1)', whi(,h had tht' (,on1Iuest in possession. "This was tlont', aud t.onnag-e and import ,lutie'S ~'t'r•• le,'it'd under a war tariff, whieh had h"en "stahlislll'd by the (·i\"il gowrnm('nt for that pUipose, until offil·iul notie,' "as r("'('ivt'd hy the ri,'il and military' G"wnlllr of Calit'omia, that. u Trellty of PelleI' had been made with )h'xil"o, hy ",hidl UpP"r California had !wen ('l'dl'd to the Lnitt·d States. "Vpon n'('eiving this intl'lIig"IIl'{', tht' gowrnllr din'(·h·d Ihllt import anti tOlllwg-edutil'S sll.luld tlwn'aft('r he !,wil'd in "onformity with such as Wl're to Ill' paid in tlU' otlll'r ports "f tI•••l'nitetl Stah's hy the Aets of ('ongre'ss: and for sllt'h 11l1I'p'lS"he apP"inted the d(·f(·ndant in this suit, eo-lIe,<,torof the port of San Fraueise.o.


"The plaintiffs now Sl-l.'kto rt'l'uwr from him eertain tonnage duties ~md imports IIpon fon'ij.W IllI'rl'handiSl' paid by them to the defen,dant ~ISl'olll'dor rn.'lwl'l'n IIIl' :ld of'Fl'hruar~', 1tH8 (the date of the Treaty of Pt'lwt'l, and tht' 131;) of XI1wmbl'r, 1tH!), (when the rolleetor.appointe4 by tilt' Pn'Sidl'Jlt, lll'l'ording to law, l-ntl'l"l.'d upon the duties of his offt('l-), upon· thl' gnlUnd that' they had been illegally exacted. "The f••nnation the eh'il gon-rnment in California, when it was dont', was the lawful exen,ise of II b«.'lIigl'rant right over a f'Onquered territory. It was th.. 1':' isting gon'rnlllent when ·the territory W88 e('ded to t!1l' l'niled States, as a· l'olllluest, and did not cease as a matter of l'ourse, or liS a <'onsl>(lul'n('eof th •• restoration of peaee: and W88 rightfully <'tllltinul'd.aftl'r peat:e was madt' with lle',iro, until C.ongress Il'gislatl'd otJlt'nvi;,e. IIndl'r its 1'llJlstilulional powt'r to dispose of and make all nl'l'dful rult's and I'l.'gulatiolls rl'Speeting the territoI')' or other property bl.'1011gingto the United State$. "Thl' tunnajre du~il's, lmd duties IIpon foreign goods imported into San Franl'isl"o, were Il'gally d<:manol>d&nd lawfully eolleeted by the civil guwnlOr, whilst thl' war t:ontimwd, and afterwards, from the ratiftl'atiun of till' Tn'aty of Pl,arl-. until the rewnul' systl'm of the United States was put into praetil'al operation in California, under the Ac:t8 of Congress passed for that purpose."

of

Although tl'rritor)'

thl' inhabitants

of territo~'

titles to l'rinltl·

pr0l't'rty

of Illnd in thl' territo~'

are not .affeetL>d. One Pen'heMan held a tract

~O\'t'rnor of that pro\'inee made in 1815.

Florida.

Qe«;upation or

of Florida b~' virtue of a grant €>f the Spanish

.1hi' Uuitt'd Statt's b)' the tn'aty l"nitl'd

under military

l'on1luered or l·edl·d, owe allegianee at onl'e to the new so\'ereign,

After the el'S!'ion of Florida to

of 1819, this claim was n'jceted

Stlltl'S C,lllllnissioners ~IPl'0intl>d to settle daims

b)' the

to territory

in

WIlt'n the 111ll'Stionl'aml' bl·fore the Vnitl'd States Supnome C-ourt

fur dl••. ;ision, Pl'rl·lll'man's title was uphl'ld. .• Pl'ters 51).

«('"ited States r. PerC'ltemaN,

('hil'f.J ustin: ~Illrshall said, p. 86:' "It is wry unusual, eveD

in l'lISt'Sor l'lIIl'luest, for the l'IlD<lueror to do more than to displaee the sowrl'ign

and ,!>;~um('dmninioD

OWl'

the l'OUDt!')'. The rilodt'rn usage of

natic;ns, whil·h hilS h"('l1lllt'law, would be \-jolated; that sense. of justice and of right whil,h is IH·knowll·«1gl·dand felt b;\' the whole ch,i1izcd world would ·h«.· outragl-d,

if "ri\'ate

pn>Jll'rt~· should ·be gl'nerally

l'llJltiSl'ated, and

pri\'lIte ri~hts lIIllIUJlI·I!. The pl'oplc dlllngi' their aJll'gianl-e; tllt·ir nolation to their llJll,i"lIt sun'n-ign

is dissoh'ed;

and tlll'ir rights <If pnl!ll'rty,

hut thdr

relations to t'a('h other,

n'mllin undisturbed."

TIll' lUilitll~' Ill'l'upant must maintain order. The power to pro.ect 1111'illhabitllllis is funillmll'nta! in the matkr of nlllogiaJll,-eto tb«.'ir own


governlDt'nt.

This power

ha\'ing ('eased, -the duty

of maintaining

order

ne<'essarily devolves upon the military occupant, whose anthorit), displaeed the one that

formerly

existed.

The inhabitants

are no longer required

to take an oatb of fidelity or allegiance to the in\'Slder. practice I)rior to the middle of theeightet'ntb requirel territor)'

centw:y, and they were el'en

to render acth'e sen'ices in the invader's

45 of the Hague· Conwntion to

t,.:...

('onstraining

forb:d

That ~'as the

army.

Articles 44 and

forcing the inluibitants

of OCt'upied

part in military operations against their own country or

the population

to rt'Cognize, hy the taking of. aD oath, the

power of the enemy. Tbe miiitary

occupant _takes

pOSS41ssionof all public

though the title does not pass until the treaty of peace. territory

property,

al-

If the occupied

is ceded to the Ot:cupant, by the treaty, the title \'csts as of the

time of the beginning of the Ot:cupation. 20 Waliace 475, Chief Justice

In Titusr;.

Chase said, Pl'. 481-2:

["niled States, 1874, "In- war· the public

property of an enemy captur •.·d on land bt-eomes, for the time being at least. the property

of the con'lu,.ror.

pSI>:;the title.

Xo judicial

proceeding

is necessary

Usually the ultimate ownership of real property

is settled

by the treltty of peace; but so long as it is held and not surrendered treaty or otherwise it remains the property

of the conqueror.

to

b~' a

This well

settled principle in the law of war was recognized by this court in United States v, Huekaoc'C, 16 \\:allaee 0134, as applil'able to the late ch'il war. the dose of that war ther~ was no treaty, down, the government power to treat

with.

Confederate Gowrnment

"'hen

the insurreetion

At

was put

of the in~urgents wa~ hroken up and there ~'as no Henee the title to all eal'tured

property

of the

then 'oc>t'allu:absolute ill th' Vnited States."

The military o('('upant i>:in the ~ame po"ition in regard to the publie land as a tenant for ~'ean;, and is entitled to -the u"ufruct but must not damage the land itself. In .1Iohr d' Haas l', Hatz/eM, Court of Appeals of X'1nc)', 18;2, Dalloz, 1872, II., p, 2'29; it- was h•.• ld that the Illilitar)' 0('"uI>ation of a territory (,onfus upon the ill\'sder the right to the usufruet and revenues 0111)' of the public dOlUain; and that the French courts would llot rt'l'ognize as \'alid the sale of old trees(

during the .war of 1870-71)

on the public domain whieh were r~'Sl'n'ed at the time of the anllual cutting. The)' were held to he a,. inalienable a" the ,",oilof the fore"t it,",elf. (Snow'~ C8l!eIl, Int. Law, 37i.)


The miJitary o('('upant ma.y tah he may take the usufru('to(the deh!s due.

Ill'rsonal property,

Islands.

mot:ables, just as

And this right covers all chattels and

Hesse Cassel was eUllCtueredby NUI'0le. n in 1806, and remained

for about a ;year under his immediate control, when it was annexed ~o the new kingdom of Westphalia,

and fonued a part of that kingdom until after

the battle of Leipzig, in 1813.

Debts that

\\'('1'1"

owing to the Elector were

held to be validly dis(')l3l'gt'd hy payment to Napuleon and the receipt from him of a <]uittanee in full.

(Phillimo;'e,

lilt. Lau', III, flU; Snow's Cases,

381.) The invader may prewnt o('('upied territury.

his ('nemy from using the resources of the

He may intercept

the produ(:e of the taxes!, duties

and other money payments,

n,ay close ('ommer('ial aceess and may forbid

the inhabitants

the armies ilf their country.

from joining

He may api)I~'

the resour(:es of the ('ountry to his own obje<'ls, may compel the inhabitants to supply

food, horses and other means of transportation

them to render sernces against

their

m matters

sovereign.

and ma)' oblige

whieh do not im'olve military

But he must make payment

either

in,

hy a('knowledgments of indehtedness which he is hound to honour.

action C8l!1J

or

Seizure

without pa~ i••mt, fvr military purposes, is not an act of sovereignty but is one of military vi(.lenee.

(11oll, lilt. Law, pp, 477-9).

At the cluse of the wat· the territory (·cded tll tl){' military &eup'lnt

If it is n'stored to the former sown'ign ()('('upant be('oml' no longer

which has heen oeeupied is either

or else is restored to the fonner sovereign. ull Ill'W laws I'assl·d by the military

olwrative

and

the old laws re\ive.

Debts

ereat('d by the military O(';'upant, during the oc(mpution, do not attach to

::11.'

territory

but hind only the sllwreign w::', (:ontraded

them.

If Gennany

sbould n('gotiate a loan on the re\"('nues of B('lgium and after the war is OWl' the soven'ignt,Y uf Bdgiulll would

)Il,'

be rel'stahlished,

the debt thus created

that of Gennan-!" and not that d BplgiulU.

If Relgium should pass

under the pl'rmalll'nt

sowrl'ignty

atta(-h to Rl'Igiulll, or, at Ol·rmany.

1111."

of G('rlllllny, such deht would of ('()urse rate,

)1('

subjl·(·t 'to furtlll'r

legislation

b)'

The rights of till' (·reditors 'Jf tl\(' forn~('r Bl'I/,rium government

would depl'lll) upon the lIature of tl\(' s(.•.·urity of tlwir (·Jaims. Public debts may hl' the ulI,"e(-ured ublig-atioll" of the govl'rlllnl'lIt or "they may be on tl1l' H'('urity of the reH'nues. A sll\'l'rl'ign ('(:ding 8 pnrt of his dominions


must stilllX'ar then, I~

his entire publie debt. . .'r:JI! ('reditors of a eonquen.-d nation,

their claims if th~;\· afe onl." UI'01l till' genefal ('redit.

If the debts

are seeul'l'd by the public lands, they afe Pfllcti('all;\' mortgages and the liens ('ontinut'.

If tht')' are S('('ul"t'donly b." th~ rp\'enue, there if' nothing to ••.hieh

the liens can attach.

The n'nmue of the fOfmer gOn'rnment has (·eased. All

rt'\'t'nues ean be done away with b." the npw sO\'l.'I'l.'ignand the taxes that are Il'\'ied are for its benefit and to pay its own obligations. that. can go with captured natufe of mortgages

property

or territofy

The only burdenll

are those that are of the

on land or other tangible property.


CONSTITt:TIONALLAw; PRELIlIINARY Ex..UIDUTION.-1. The rg,ht of the lIl'l'nscd under existing laws to a preliminary e.;aminlltion oould be dif;penscd with, as is done by Ad 612, seetion 2 of the Philippine C~mmission in eases triable only in the Court of First Instanee of the City of Manila, where the Ilroseeuting attorney, after a due im'estigation of the facts, shall have presented an- information against sueh aeeused in. proper fonn, with~ut infringing the prohibition of the Philippine Bill of Rights (Aet of July 1, 1902), seetion 5 agsinst the denial of due proeess of law. 2. Denying to an inhabitant of Manila sueh right under sueh ein'umstances is not (~ntra\'ening the prohibition of the Philippine 'Bill of Right~, seetion 5, against the denial of the equal protcetion of Ihe laws. 3. A preliminary finding of p'robable cause for the arrest of the accused is only a quasi judicial act, not such that, beeause of its nature, it must neeessarily be c/mfined to a strictly judidal offi('cr or trihunal. And 4. The preliminary iJlquiry provided by Act 612, s('('tion 2 Ulnst be deemed a sufficient eompliance with the requirement of the Act of July 1, 1902, seetion 5 that "no warrant shall issue but upon probable ('ause, supported by oath or affinnation," in view of the provision in section 9 of that A('t, authorizing modifieations of praetie,: and pJ'()e-t'dure. (Ocum1'" et (/[ v. Utlited Slates, U. S. Ad\'. Ops. 1913 p. 712.) .Jl'I)(;ES; LIABILITY FOR ACTS -1. The Ameriean do(,trine of innnunity of judges from suit because of their judicial acts prott'Cts 8 Justiee of the ~UJlrt'Dle (our! of the Philippine Isla.nds against a suit to !'<.'('over upon the alleged grounds that, without jurisdiction he l'nte!'<.-da jl,dgment against the plaintiff, l'ontrllry to an order of the full court, and made a false ·stat(·ml'nt of fad in the opinion by which the full ('ourt rntificd the dUlllge, and inSl·rted in the opinion of Ihe full eourt in a seeond suit various false stllteUll'nts; induding one attributing to the first jndgnl<'nt an eff('('t that it l'ould not hllw in thE' ('in'umstall<'es, all with f~lli knowledge' and intent to injnn' the plaintiff, liS appl'ars from an insp('('tion of thl' opinions,-and that thE' .plaintiff had to pay tll<' R'('Ollld judgim-nt at a s:u·rili('(·. 2. ~o impli('ation that a .Justi('l' of thl' R!lprl'm(' ('onrt of thl' PI.:Iippim· lslands shall 1M' lillbl<· fur II judgllwnt rendl'red' in had faith elln be deduced from the provisiuns of sl'l·tiun U of Ad lUO of tlu.' Philippine ~ollllllission. that "no .iud~l" jU!;ti(·(o of the pea('1' or ass<'ssor shall he liahle to a (·ivil aetion for lIlt' rl'<'O\'l'ry of d:1l11I1jrl'S hy reason of any .iudiei~1 lwtion or jud~lIll'nt rE'n.l•..rl'd hy him in ~o/ld faith Hnd within the limits of his l<'~al powers :tIlfl


jurisdil'tion." :l. The sl'{·tion is shown to hnw had in mind iD"erior juages lllld the like by its nWlltion uf justiees of the peace and aSSesl;OI'S,as to whom a Jiff('r{'lIt rule has bl'en 1)('ld to prevail. The court held that whatt'ver ma,· hun' been the Spanish law, this is a priueiple so deep seated in the Arne;. i{'an sJsh·m that it should be r('garded as ('arried into the Philippines by implication as SOOIlas the courts were cstablish{'d there b)' the Unit<'d States g'owrnment. (Alzua r. JollJIs,ulI,U. S. Adv. Ops, 19i3 p. 27). PORTO,RICO; hUH'XITY .-nO)I Sl',T; C;)N:·EXT.-Porto Rico eannot in. mke its imlllunity from suit without its ('onsent to defeat jurisdiction of an lu·tion in whieh, through its nttomey g{'ncml, it voluntarily petitioned, after due deliberatiun, to be made a party defendant, asserting rights to the prop"rty in dispute, and in whi('h it was made sueh party against the plaintiff's opposition. In plat'ing th •.• deeision upon the consent of Porto Rico to be made II pnrty defendunt under the ('irt'mnstan('cs the court l'xpressly holds that it dOl's not wish to imply that Porro Ril'O could not have bet>n made a party without its eonsent. (People uf PUTfo Ricu i', BOIlQcio Hemos, U. S. "\dv. Ops. 1913 p. 461.) DEeIllEl' BYTHEH'PIlE1IE COl'RTm' THE PJIILIPPIXF..~. ESTAFA; RESTITl'TIOX m' PROPERTY.-After (·om·ietiou for cstafa of j('wels pl{'dgl>d hy the defendulIl to a pawnshop, the ('Ourt ('an order the r('stltutioll of the 1'rop(>rty, if suffll'i(>ntl.\' identified, to the owner without an~' ind('nlDity by the latter to thl· pledgee, under art ide 120 uf the Penal Code. (J'arela t·, ..l/lItufe, !l Phil. -I'ill; "arela t·. Filmic];, 9 Phil. 482.) The IU'OI)· erty wns nut at'ljuir('d as )l1'l's('rib('d by urti(·le -IG-l of the ('i\'il Codl' so as not to be rl.'(·on>rable. (/{e,lles r. Ruiz, n, G. H536, de(·ided July 24, 1914.) MAI,n;IlSATIOX (I.' Pl'ULIl' Fl'XIlS; IXTIo.:XT.-The a('('uSlod eXl'lain<'d bis ('olldUl·t, wh{'n tht' shortuge was disc(lwred, h~' saying· that b)' reason of 8 gran> sickn{'ss nlld laekillg till' 1U('ans to cure himself, b('('nuse he had not r('{'ein>d his snlary for two 1'1'('\'ious lUontlis as delegate of the Pro\'ineiaJ Tr('asurpr, h(' took from tIll' safe a SUIll whi(,h w(luld be (.()\'('r<'d by his sailiry ellrJ\('d but not Hliid. Held, that following C. 8. I'. l'alinlag, 12 Phil. (i8'i, a publie ofti('inl ('allllol dispose (If all~' sum of the public funds uud(>r his ('lI1'(' (.'let 1i-lO) Ihough it do('s n(lt ex('('ed his S:l III1'.".('amcd anti not paid, He is IIU' lIulhol'iz('d by law to pllY himself. Tlw I\red pJ'('SCnted as a dpf('ns(' ('unnol })(>'u\'aill>o (If liS un e -!t'lIuuting .(·jr('umstllD.ce under se('lioll 9, pnr. 8 of thp P('lIal ('od(>. (c. ,<,', I', (;uerrero, R. G. 8U23, d('(>id(>tl Jul~' 28, 1!l14.)

0'-

('Ill 1IIX.\I, PU,\('Tln; ,\XII Pllon;lInn:; Au;\'o:<1.\ Tm:onm ATT,\c'K ('IIILI •.-TIll' qllalif~'illg (·ircumstlllw{, (If Ir('IH'h('r~' (aler/lsia; exists when(>\'(,1'(1)(' p('rs'.11 f'm1'lo~'s lI\('an8, methods or forms whi(,h illsure thl' ex-


t'{'ution or ('onunlssion of the (,rime of llssassination wit hout ally danger ansmg '01' r('sulting to himlwlf from the aets of the IlI'rson assassinated, (1 Alel/llilla 444; Sel/tel/ee of the Supreme ('ourt (if Spai" of July 13, 1897; U. 8. ", f)e Leol/, 1 Phil. 163; U: ~. r. Rieufor;l Phil .. 173; U. S. ". Ribeta, 1 Phil. 331; U. S. I'. Abelinde, 1 Phil. 568; U. S. r. Abaigon, 2 Phil. ,U7; C. S. t'. Santos, 2 Phil. 453; U. R~ 1:. _tlmrez, 3 Phil. 34.) Wben an adult person illl'gally attaeks a ehild of tender years and causes its death, he runs no risk whatever of person:.1 injury to himS('lf from sueh attack. It therefore constitutes treachery. (Decision of the Supreme Court of SpaiN of .Jan. 26, 1877 (a child 30 months old); of Oct. 29, 1879 (a ('hild of elewn ;vearsI; of XO\'. 15, 1895 (a child of three years I. (C. S. I'. Lansangatl, XII Off. Gaz. p. 1327). BIG,UIY; EFFECTOF DI\,OHC.:PHI::\'IOl:"LYGUAXTEh.-Cnder tht' laws in foree in tht' Philippine Islands a decree of divorce does not by any means destro~' the matrimonial bond. (Ley 3a" Tit. 2, Partida IV; Ley 7a., Tit. 2, Partida IV.) The change ()f sovereignty from Spain to the CDited ;States, though producing the effeet of ('onferring upon the eh'il courts jnJl pOWf~r to decree a di\'oree, did not in an;y way affect or alter the na~ of divon't' in this jurisdiction. A pf;!"Snnmar~'ing a second time even after di\'or:'l' is guilty of bigamy. (F. S. c. 10Ul/ino, XII Off. Gaz.. p. 1328.) THEfT; PAHTUL RE:."'TITLTlOlII 'OF ~IOXEY Fouxll.-One who pieks up mone~' dropP('d by another; and, altho he r(·turns a part, n·tains a ))ar( with intent of !rain, is guilty of theft if the amount oot· I't'turned, under the provisiolls of sub-set·tion 2 of artieJe 517 of the Pt'nal Code. (LT. S. r. Sal/tiago, XiI Off. Gaz. p. 13'28.) !lOIlGRATIOX;E\'JJ)Ex'::EAD1JlSI'JULI:: IX Ixn:sTIGATloN.-The hoard of sp('eial inquiry of tl\(' port of llaniJa conuUI-need an im'estigatioo to determine the right of (·('rtain p('rsons alleging 10 be Hawaio (·itizeos to enter thl' Philippines. During the pendcnc)' of the appcal to the Collector of ('ustoOlS b~' those refust'd admittaoee, the fonncr sent :\ eomlllunieation to the ('u~;tOl\lSauthorities of Hooolulu, asking tht'11Ito make an iowstigation. l:'JlOIl n-.·I'i,·ing tl\(' III',;w••r, the Collt'l't<:Jrof )Ianila ord.'r(·d H I't'hear:ng before the board in whidl the eviden('e rl'('t'iwd fruUl Hunolulu W88 ('00siden'd and giwn eontrolling weight, so that tll(' Ilf'titiooer hel't' was n·fuSf'd admittai'(·t'. H(· !If'titiuned for a writ of halM'8s (·orpil;;. H('ld, that "tht' rul(· t hat tilt' juuif'ial dt'partment of th(' Gowrnnlt'nt will uot inh'rfere fur thl' \;:'rl'0S(' of modiJyillg or rl'wrsing the ('ol)('lusioIlS of thl- ColJ(,(·tor of Customs in Jnlluigration ('ast's, whl'n his ('olldusions are ha~wd upon s(1I11t' (',i(It'n"t' justifying them, and wllt'n the parti('s h:,,'1' 1)('(-11gin-II a fair full alld fr,'t' hl'nr;ng, is su wdl (·stahlish(·d tlmt it Sf'eIllSnnllf'('l'Ssary now to


,.it<.-('aH's III support of it.'" But wll('nt'ver an iuvestigation such as have heeu Illude by the Honolulu 1Il1thoritics, is held and testimony taken to dl'!enllille the alien's right to ('nter the Philippines and he has not been given ~ "pportnnit), to 1)(.'present, the ('ause should be remanded {c- ~ _-hearing', iu order that the lIliell lIlay have a full, free and fairhe.aring. (1.00 ."'f,,!! t·. IIiSlIlllr ('ullectur, XII Off. Gu. p. 1330.1 1:.\1'11:;E\lIlE~Ct:; MC'l'I\'ESO}' COMPLAINING\YITNESS.-"I. Experience h~:; »howlI that unfounded r!llIrges of rape or attempted rape havp not infre'jl1"u'ly bt'eu preferred by women, actuated by some sinister or ·ultprior and U1H!::sc'losed1JI0tiw lInd cOII\'ietion for such crime should not be sustained withcmt clear and <-ommcing proof of the guilt of the accused. 2. It is the tJuty of the (~ourt in such cases to scrutinize with the utmost care the story t"ld by the t'olllplaining witness, spl!cially ""hen it appears that she ·did not Jonkc illllJlediate outer)' or that there was any unexplained dplay in instituting tile ('r:lIIinal prc)('eeding." :J. But in th!.' east' at bar it conclusively lIppl'ars that tlJe off Hided .womlln sought lIssistance and made formal and, official I'Cllllplaiut immedi.ltely after the commission of the crime under ::;udl (·ireumstau('es as to prl'C!ude the possihilit), ·of a ('onspiracy between herself and the pros('('uting witnesses to press a falSE: eharge against the accused. 01. "Tile ulll'xp1:Jined silpnce of a Iruln surpriSlod in eompany of a womau by whom he is thel-e and then charged with :-npe, under cireumstance;; which would nat'urllll)' eall for an indignant denial of such chargt! by an innoeent man is eviJence tcuding to establish his guilt of tbe erime thus charged:' (r. S. I'. Bermlldo Bay, R. G. !)3-l1, dl"eided Aug. 14,1914.) l'IlUIIIOL PRACTln: ANDPROCEIlURE;NEW TIlIAL.-·New trial was asked ou the ground that if the aecus<'d be given another opportunity. to present l'vidcut'C he would be able to show boYa Jlh)'sician that t1lp finger which the court found to haw been rendered useless by the (,ut ,,:a8 not ne<'essarily a uselt'ss memh('r inasmueh if the injured party' would pt'nnit a 8urgical oj ••. ·ratiou, the finger would be restored to its normal condition. Denied. "The iujured part)' is -not obliged to· submit to a sUl'l,rical operation to relieve the ac('ust<J from the natnral aud ord.j.llal")'n'sult!l of his erime. He must abide b)' tll<' l'onseljllell<'eS without tilt' aid of the injured party." lV. S. r. Jlaras;ya", H. G. !H26, d('l'ided Aug. 15,1914.) HOMJ<.'I/lt:;IsT};sT ~() }lll.I ••-lle who \'oluntaril)' lIud wit~ the intent to c'allse inju~' ('ommits lids ('It'lIrl)o' unlawful i,; respousible for all tbe eOUst"lut'/we,;of his ('rimiu;JI aet,' even though \"hen ,;ueh-·wrongful act constituks the •.rime uf homi('ide it appears that he had no inh'nt~on of killing th,' d('(·eased. The proof as to the alibi ean ha\'e little· weight when the idt'illity of tll<' d••f••ndimts lI,; the pcrsons who t'lllIlIUiltcd the (·rime h88 bet>n


fully ('litablished by eyewitnesses.

(D. S.

1".

Baltazar,

R. G. 910S, d('Cideu

Aug. 7, 1914.) EXTRAJl:DICULCO~PESSIOKS;AI>lIISSIBILITYOl'.-In D. S. 1". De Leon, H. G. 9656, decided Aug. 20, 1914, the Court, per ,Johnson, ,J. held, that 1. "Generally the question of the admissibilit;r of extrajudicial confessions is necessarily uddn'SSed, in the first instance, to the judge and since such diseretioll must be controlled by the attendant eireumstances, the eourts have wisely forborn to mark with absolute precision llny rules limiting the admission or I' elusion of sueh testimony. Their admissibility must depend h!l~d.v in eaeh ease upon the facts and circumstances surrounding the same." (/lopt/:. C'tall, 110 U. S. 574; Bram v. D. S. 168 D. S. 532; WilSall t'l C'. S. 162 C'. S. 612.) 2. "In all cases, howen>r, before sueh confessions are admissible, it must be shown that the)' were made fully and \"oluntaril~', without t'ompulsion or inducement or hope of reward of any sorL" (n'i.'son I:. C. S. 11;2 (T. S. 613; Bram 1:. C:. S. 168 G. S. 532; Hardy 1". c:. 8. 186 U. S. 224.) bDIIGRATIl)~; .JURISllh:TlO~0•• COl"RTSOF, FIRST b:sTAKcE.-Plaintiff here WI'S refused admittan:'e by the immigration authorities. He petitioned tor a writ of habeas t'orpus. The Judge without determining whether there had Ix't'n any abuse of authorit)· on the part of the eustoms authorities or not, proceeded to take testimony upon the (juestion of the petitioner's r.,,'ht to enter the Philippines. Held, that 1. "The right to determine, in the first instance whether or not a Chinese alien has a right to enter the United Stah.-s or an)' territories thereof to which the Chinese Immigration laws have been I' tended, has been eOllf(>rred by law upon a brandl of the ex('cutive d(>partlllcnt. The judit'ial department has no right to interfere in determining the right of alims to enter th<oPhilippilws ext'ept and until it has Ix>en prown and shown eIearl~' that that braneh of the ex('('uti\"e department upon whieh tl:(' power to determine that "uestion has Ix.>eneonferred by law, has abused its authority." 2. "An abuse of authority exists when there is no proof prcwnted to support the eonelusions of the c~stoms authorities or when they haw misapplied a ('Iear pro\"ision of the law. The ('ustoms authorities are more or less a jur)' in deterniining the fa('ts in t.he first instanee." (Ekiu I:. C. 8. 142 U. 8. 651; J'amataya t·. Fiflher, 189 l~. S. 86; c:. S. /:. Ju Toy, Hl8 LT. P. 253; Lee ]IOJI 8illg v. d. S. 158 U, 8.538; Lo Po t". JlcCo!}, 8 Phil. :H3; .lac 19co ". Shuster, 10 Phil. 448.) :1. "A. n1e're refusal by the proper authoritil.'s to allow an alien to enter the territory of the United 8tat('s is not an ubu",", of authority." 4. "The hurden is not upon 'the eXt'('uti\'e department of the gowrnment to show that an alien immigrant has not n right to land. The hurden is upon the


alien seeking to land to show that III.'has a right to enter." l".

Immlar l'ollectur,

(Tall

(,hin Pi"

H. G. dl'(,idcd Aug. 20, 1914.)

COXSPIIlACY;CRIlllXAI. HESI"OXSIBILITY.-"·hen two or more persons Ilgrl'e to commit a crime, eaeh is responsible for all the acts of the others done in furtherance of the agreement or conspiracy. ct al. H. G. 965:~,dlocided Aug. 21,1914.) of the conspirators,

in the furtherance

(U. S. v. lpil, Ma"da"i

In a~onspiracy,e\"ery

act of one

of a common design or purpose of

such conspiracy, is, in the contemplation of law, the act of ead, one of them. (C:. S.

I'.

Goodiflg, 12 Wheat. 460; Lillcolll r. Chaflif',

Logarl

t'.

U. S. 144 U. 8. 263; Boyd

AR~OS;

neighborhood

t·.

(U. 8) 1a2;

7Wall.

U. So 142 U.8.

450.)

EnIJEXCt:; Dl"TY 0 •• }<~ISCAI.S.The defendant was set>n In the during

the afternoon

in which the fire oecured and a:iked

a servant of the owners of the house if her masters were at home and was informed

that they were away, that after

was seen a short distance fron; the burning them,

the fire started

the defendant

buildings running

away from

No evidence was presented by the defense and tht' lower court con-

"icted the a(·cus(.'d. Held, ;hat 1. In the absence of .evidence as to moth'e, tlwre is nothing in the reC<Jrdwhich would sustain a finding that 'the origin tlf the fire was ma;;c;u,,;: and not a('cidental or that the ar('used was guilt~· of arson.

2, The court calls tIll' attention of the prosecuting officers to the

following language found in (·riminal caSl'S suhmitted

C:.

S. v,. ('arlo.~, 15 Phil. 51: "The records of

to this ('ourt so frelJlI('ntly disclose a lal'k. of all

ef"fort to develop the Dlotiw for the cODlmission of the rrime <:harged, that we take advantag{' of thi;; opportunity

to dire(·t the atttontion of all. pro-

15l'('uting offi(·ers, spl'Cially the provincial fiSt'als, to the importance of definitely aSI'('naining :md proving wlll'n possible the motives whid.- a(~tuatt'd the ('ommission of a ('rim•• und('r judieial inwstigation.

It is true that in

~elll'ral when the commission of a crinll' is l'I('arl)' prown eOll\ietion ma~' and should follow even wl,en the reason for the (,olllmi~sion is unknown (151 U. S. 396); hut in many (·riminal ('aSl'S O/ll' of the -most important /lids in (·olllpll.'ting the pro.)f of the cOJllmission of the ('rime by the a('('used is till' introdlll·tion of eviden('e dis('losing tl~e mlltiw whi('h temph'<l tht' mind to indulg(' thl.' ..rimillul act and in lIl'arl~' {'\'cry l'a!'t.:wher('in thl' law p!aN's tIll' penalty to be in.Jlosed in till' -dis('retion of· the ('ourts within '('rtain' limits, it will h(" found that a kllnw!t'dg(' of till' motive which ae·tuuted the guilt~· Ill'rsoll is of Ih(· gn'atest Sl'n·i('{· in th(' (·xen·ise of thi" disu(,ti"n. (1.'. S, l'. E.'"'III1t!", n. G. !l3!1H. (l(~·idl.'dAu~. 22, 1914.)


78

PIIILIPPINE

TWO XEW EDITJO~S

LAW

JOURNAL

OF THE CODE OF CIVIL PROCEDURE

It was somewhat of a coincidence that two new editions' of the ('ode of Civil Procedure should appear at the same time.

Both ha,"e also bl'<'ll

prepared anonymously, although the reviewer understands are well known public men. will pron

that the authors

On account of the difference in language both

u:;eful to the practitioner

and the law student.

The title page of the edition in English read:;: "The Code of Civil Procedure of the Philippine Islands, Being Act No. 190 as I1mended t{) July first, 1914, (including

aU acts to 2402)

acts including applicable dexed.

portions

with supplementary'

of the Judiciary'

AdS,

and cognate

Adequately in-

With Citations to the known origin in the State Codes of Various

Sections, and Citation:; to references to this Code contained in Volumes I to XXV, inc!usi"e, Philippine Reports and Jurisprudencia Filipina:' The Lawyers' Cooperatin Publishing Co., 110 Echague, Manila, are its publishers; price ¥'8.00 per copy.

The compilation, is well done aJ,;ldthe printing is

tasty. It would haye proved much more valuable, howeYer, if the annotations of bare citations had been expanded inro notes. The title page of the e<!;tion in Spanish reads:

"CC:-.digode Procedi.

miento en Ju; ••ios Civiles J Actuaciones EspeciaIes en las Islas Filipinas C'onfrontado con la ultima edici6n oficial y corregido en ciert{)s pasajes l'1I que se ad,;erten

ohseuridad ). l'rrores manifiestos, despu~

de consult~do

detenidamente 1'1 texto ingles. Comprende: 'la le:y original y sus enmiendas hasta la fecha, con I' ,elusion de los preceptos derogados refonnados, laa

°

Illas importantes doctrinas de la Corte Suprema de los Islas en materia

p1"O-

('esal hasta ahorn publicadas, y el Reglamento de los Tribunales de Justieia con todas sus reformas.

(\mtiene ademas: al principio, un cUlldro demostra-

ti,'o de las leyes que derogan

0

modifican ciertas disposiciones del presente

Codigo, y una Tabla alfabetic.a de las se~tencias, que se citan; ;y un indiee alf&betico minucioso de materias

al finaL"

Imprenta

y Lirografia

de Juan Fajardo, Carriedo 326, Santa. Cnlz, Manila, are it" publishers: price 'P-IO.OO ptlr c~py. It is dedicated to .Hon. Francisco Ort,igas, 'Chairman of the Code Committl'e 'Hnd has a prefatory note by Judgl' Romualdt'z. The notes consisting of di!!l'sts of the Supreme Court Rept-rts will be welcOlued b)' the legal fraternit.v. I>een improved upon. Thus each has a demerit; merita.

TIll' printing IInd llinding c;,uld l'8sil)' have

yet each has more tlum eountl'rhalllndng


Under this hl'a~ing :!Ill'.Thomas W. Palmer in the .July number of Case llnd Comment gives some !wr;;onal observations regardir;g the profession of law in Spaill ",hil'h will undouhtedly he of intert:llt to our reade1'B; We quote from him the following: "Spain is a ('ounl1), in which the profession of law (abogatlo) haa always been one of honor and dignity, but f9r this reason, has been also the usual eal'l't'r for manv sons of the aristm·ratie eIWl&'.Swho have no particular talent for oth('r' professions. Howewr, the Hal' jealously guards its prestige, an~ maintains some rigid rult'.S and many antique customs • • • The Spanish Universities are all state institutions under governmentnl ",upervision . . . "'hen a stud('nt ohtains the degree of licenciatura he is admitted on the payment of l·t·rt.ain ft'es to the pradi(',c without further examination. The degree is abso:utely a (,ondition pl'C<·.edentto the praetiel' . . . The outline of studi('.S ir. ord('r to obtain the licencintura degree extends over. a period of six years . . . rfhe gl'nerdI: opinion appears· to be that thf! standards for the examination are low, although many regUlllrl~' fail in some of the subjects , . . The students take few 01' no notes, because the instructors have their own notes (alluntes) printed, which they are re(Iuired to purchase. This is possibly an ex(mSllble graft, as the full professors receiw only $1,200 salary' . . . AfteT the student has obtained his title . . . he must in order to actually prdCt.il,ein the ('Gurts of a· provin'lt' be<>oml'a member of tht' ('ole!Ji/, de AlIo!/ados or Hal' Association in the c8j,ital of that provinee, where t'xists a ('our! of appeal (audienria). If he locates in a vill;,lge or small town he ('an give adviet> ltnd ;irgue .in the police courts and ('ourts of first inslllDl'e wit!wut joinin~ the Colegio de Abogados. . . , It is euri;.us to notil'e that tIll' annual dlK's are· pr;lportioned to the amount of business the individual attorney or ml~rnber has • .• . Each member from tIlt' busil';;t 1(, till' newl~' mhnittcd mast serve his turn in alphabetieal order in the t'harit~· (~Sl'" • • • In (,nnC'lusic'llit may be said that the bar of Spain is ovel'l'l'CIwded . .. The prepltration of C'a&'S is not so strenuous umIl·r the l~ivil lllw liS undl'r tht· C'~lsefvstem of the common law. But, in gem'rdl, the average lawyer of .Spain, ~hile not superior to our average law)'er, possesses an equal or beUt'r edul:ation and aSl'ume!'l a greater dignity." .


SERAFIN P. HILADO 320 S. Fifth Ave .• Ann Arbor. Mich. U. S. A. S.-cretMy.

(Alumni

are requl'Sted to· eOlltr:bute to this departml'nt.)

Board of Directors, College uf Luu: Alumlli "hXt:EL A.· Rox.\s,.i913 Law H. L.\WREXCE Nom.E, 1914 Law .JOI;EA. ESPlRITt:, 191:~ Law Al'RELlO A. TORRE!il,1914 Law JOSE Yl'LO, 1914 Law

~mwsFRO'-I

THE

Asso<"iation.

President Vit~e-Pre&ideHt Secretarfl-Trea&urer J[ember Jfp.mber CLASSES

1913 MAxeEL A. Rmus is the privatI' Sl"('retary of Chief JustiC'e'Cayt'tano llano.

S. Are-

F:l'LOGlOBEXITEZ has lx>en taking post-graduate studies in thE.' C'lIiwrsity of ('hiC'ago. It is rE.'portpd·t hat he has been doing exC'ell(>lIt work in that institution. "'ILLL\l[ C. BRAIl\"has jUf.t returned from his trip around the world and.is again bal·k in his offiee in the Bureau of Customs liS member of tbE.' Board of Speeial Inquiry. ALEJAXi,RO IlE Guz~rAx has a sllc'c'essful law pr,\(·tiC'e in Pangasinan and in the neighboring. provinces, CHARLESC. IlE SEL~rs who was till' /irst to pass the bar e al!lination from the College of Law is. now a ml'mhl'r vf the Inw firm "Aitkens & De Selms" in this eity, ,JO:'E A. F:sP\I!!'I'l' has bePl\ appointed Instructor in "Iercantile Law in the l'lIi\,\,rsit.\· of the Philippines where he is now tcal'!ling and a:>ting as the Sl-(·retary of the Law Fl\C'ulty. R.:RAI'IX P. HIL.\Ilo after h-adJing one year in the College. of Law has been Sl"nt to the UnitC'd States on a fl'llowship by ~he Uniwrsity of the Philippines. He ic; at presl'nt taking up post-graduate studies at the rniw-rsit.\· of Mic·hlgan. HI' will reim'Sl"lIt the College of !All\' in the "'oming l'om'l'lItion of tIll' Asscwiation of Americ'an -Law ~C'hools in ChiC'Bgo. ,h~:s C. VrcKElls is n ml'mlwr of the firm U)lcVl'un & ViC'kcrs". for the ~('I\t'rnl praetice c;f law in ('l'!lU, :'Iisamis, Ruri::raCl, lInd Oriental X(·~ros. Mr. \·il·kl-rs, uft"r g-radulltin~ from the Collc·g-e of La\\', and


pa!>Sing the har l-xaJllinati"lI, 'H'Jlt to Spain to takt' up post-graduaw wurk in tht' l"lIirer»idad ('elltral de .llnd,.id. l"EI,ICIAXOOC.HJI'O was f,lr the last ft.'w months a law reporter in the ?tIiS('('llm1l'tlIlSDi"ision of till' E t'('uti"e Bureau. He has I't'eently been transfern.(J tn thl' Di"ision of Arc·hin-s of tilt' slUne bUn'au with a good promotion. J<~t"TIQl'IAXO GAllca has L,~('n prnmotl-d from Assistant Law Clerk to Law Cler" of tht' Bureau of Publie Works. RICARIIOPARA~,Jr., is doing good work in the lnw firm of Lawrence, Ross &: Bloek, in t1~s eity~ E~III,IO Y. HIL.\110 is at Ilrl'S(-ot prnetising law in Iloilo with Attorney RuJwrto !\fontioola . •JOllX C. )L\c)IAlIOX who il-n tht'St' Islunds a fell' months ago on a tour. nrowld tht' world, is said to bt' at pn-sl'nt IQl-utl'd in Switzerland unable to rl'lllrll to )lallila on uC'('uunt of the war raging around him. PABLOLOIlEXZOis the .A,;sistnnt Prinltl' Seen-tary of Vice-Governor Martin. Prc"iuUl; to his promotion to this impurtant position ht.' was a stenog-rapher in tIll' Court of Land Hl'gistratioD and he, latl'r em, bt'C.'ame.the privntl' St'l'n-tary of ('o:nmissiunt'r Palma • •\n:.:l.lo A. TOIII(E~has ri.(·l'ntl~· L..t'u appo.nh-d privatt' li(.'(-retary of Mr . •Justire Torres. RI:;XEH;l'TOJ.\Y1EUfl'('eiwd his diplollill last June and is now a full fl('dged

I.L. B. F.;nxAxllo .In;() is the Assistuut Law ('Il'rk of :hl' Run'llu of Intt'mal Rt'\·enue.


Student ('ou1/(,il.

n~;,\~, ColI('ge of

l.a\';, ('hntrrJU/I/ er'IJ/Jici" TElllliH:O. Pres'dl'nt "f il•• , S"u:"r <'lass ('hairrl/lll/ pro-femj",re ).1'11~;:;Z() l ~A',:1'0. Heprt·st'ntati· ..e of 1.111' Rnj.homore ('Iass, 8n'refar!l Al'In;LIO A, TOIwt:." Heprl'sl'ntatiw (If till' Alnmni .1,\1:1:;','0 K,DuxTlla.,;, H"IIl"'sl'ntatiw of till' SI'nior Chlss .JO~E G[~, Prl."idt'nt of till' .Junior Class V[ct;sn: VAilI'Ll. H"prt'St'ntatiw of t1le ,Junior Class I'~:I'JW y[ ,WAN, I'n,,,illt'nt of t1l1' Sophomor<' Class TilE

.J()~~;

.hISE :\h:U:NCIO. 1:"l'l"""entatiw "r the Fr"shm"n Clas.s 1'AI'I,[SO Gl'I,LAS, t ·)Ill/wI·II"r. PhiJippinl' Rarristl·rg PIlon;,.;!) S~:Il,\STIA~, :\7a"tl'" :\1usi('i:lII. t '"IIt'gt' or Law l\fusif'aJ Club :\L\ll"EL: ,\XO 1l.IOXTU[AYOR,H"ard of ('"nlr"i. rniwrsity .\thlt'ti(' ASS(l(·iation

.lu'!;:'· Fl'lix :\t. Hoxa", prl'"idl'nt "r lhl' :\Iullif'ipa! Hoard (If thl' ('it~' of :\!'lIIila. (It·li\'l·rt'd two i"('lun's I",fon' IIIf' IlIl·mh,·rg "f th •• Frl'shman (·Iass on .\ugoust 1!1 alld :!(i, HI' has Ill;"l.' a' ;;IH'('ialsludy of (·i\;1 law, and his two !<'l'\un's .'nlilh·d "D,' Palria P"le"lall''' :11,,1 "0,· HonOMun Po~sionibus" \1','1''- a ;:n'at Ill'lp tc: t1l,· n\l':nbt'rs "I' Ihe first y ••ar (·Iass.. D"all Mal"ohn was pn's"nt at hlllh le.'turt'S. and 111'••.•• prl'SS(·d himself as lIi;:hly pll'used witll the two let·lures .

•\ t tll,· sn,,;:,'st ion or t I", Coll";:l' of Law. r••prl·s,·ntilth·t'l' from the \'arious ('oll,·go"" of Ilit' lJnivt'rsity 1I1t'I T.·.·.·IIII)' at th •• offi(·(· of the D.'an of the (,olll'l{(' tn ronllulall' plans for t h," I'uhli"ation of' a Lniwrsit,\' Annual. Tht' i,l"a was favor:lhl.v f(·(·,·ivl'd h,\' tl\(' f('I'f('sl'lItatin's prt'Sl'nt, and ('nmmittees ""'-1'1' th"n appoillt"(1 \.•• h"gill work "II lilt' ,,,I"ption of rul('S. the sl.'lee,tinn of a II/lllle, I'k. At 'I sn!>l'l',!I1('nt 1IH'(·till/:. also I\('ltl 1II1l1 ••r O,'an Mal(·olm's prl.'Sidency, it "";IS d••• ·id.·t! to haw tl ••• I'diiorial h••;ITrl of'lllt' Univt'rsit,\' Annual ('onsist of ,·.litors anrl husi;lPS.s milllUj;"rs f'rlllll (·a.·h "nlleg"', el••(·tl'd by thl' Senior class tllt'r'~lf. TIU' Clas •.•of 1!11!) of thi •.• t'nll ••g't' 11'1t·(·tt'd"i(·toriano Yamzon &8 USS.,..illtl·('ditor alld H. K Chase as assistant bUl1int'ss manager.,


TIl(~third 0llt'n m('('ting' of tht> PhilippillP Harrist ••rs "'as held on August :!:!nd. H1I4, in the Ass('lIIhly Hall of tilt' l'ni\"ersity. In spite of the rain tlwre was a 11Il'lrf'lIudif'n('(' to listen to tilt' addrl'SS{'s :md songs that fonned part of tht> ('wning-OSprog-ram. Paulino Gullas, (·hane-dlor of the Barriste"" had ('hargp of the IIIP(·ting'. and his 0pl'ning addrpss was l"{'(·t>i,·edwith applausl' h~' tilt' lis!t'IJ('rs: ~It. Gullas spoke g'enerally of the H(·thities of the Collt>ge of Law. Commissiont>r Stpplwn BonsaI of the puhlil' utilities hoard spoke inter('sting'ly on tl)('. Elirop('an 'Yar, an addr('ss on Philippint> government waf I!iwn hy .Judg'p Vil'enl<' HOlJlualdpz of tile Court of First Instanee of Le~1e, while ~Iiss Hosario .Jurado of tIlt' ('olleg'(' of Jjlwral Arts deliwred a recitation. !lliss ~ati"idad ("alixlo of the !lfanila high sehool displayed musiC'al lah'nt in an appropri:lle song. while the Glee (,Iub of the ColI('ge of Law :md tht> ordlt'stm from thl' SamI'HIO(· Iatl'rllJ('diate sehoo!. also helped in thl' ewning's entertainment.


THE QUESTION OF ATHLETICS AND THE COLLEGE OF LAW B~'G. M. l~h!lsical

lJirectur,

CASSlIlY,

F IIi l·er8i/./I

uf

the

Pl.ili }Jpit/e".

The purpo"'l' of thi", 1'a1'!'r i", lIut to di,.(,u"'", the ~cnl'ral (IUI''''tioll (If athll'tie", from the ,..tandpoint of a nwgazirll' lIrtiell' hut merely tu ",u/!· g'1·",t 1I f(·w fad'" to tIll' ,..tudl'lIt,.. :llung". at hle!i(· line,.. wit h thl' ho1'(' that ,.."ml' protit

may

he deTin'd

tJ1f'refrom.

Xot .I(ln~ agoo tlll'J"(' wa,. a g-enenll feelillg that ('olll'gol' Imy,. WI'!"(·. g-i\'illg" tou lIlueh timl' alld en('r~y to fouthllll" ha,..ehllll, and tral'k at tIll' ('X)H'n",1' of It-xtlwuk knowledgt'. It wa"'· tl1l' ('r~' fr"m the "O!d Selwol" uf (·due:lh.r", that "W(' did nut play fuothall whl'n WI' wI're in ('ull('g'I' allli why ,..hould it h•• Ill·(·(·s"'ary fur ",tudent,.. of io(lay to wa,..l1· "'u mudl time and ('n('r~y Oil "ueh foo)i,..h lahor and he",idl'''', thi,.. ,.tn'lIuoU'" work i,.. injuriou,..." Sueh ar~unll'nt,.. ;In' "'1·ldmn heard today h"'('lIu",,' ('du('ator" Hre hq.rinnillg" to "'('(' that phy,..i(·al training' i..; ju,..t a'" important . in lifl' ",trug-g"le,.. a'" n\('ntal training'. Whill' it i,.. tTl\(' that prof('",sional ,..('hool", do not a'" a mil, dl'"ott' a'" n1l1l'h tim(' allll atll'ntion to playa,.. till' junior' ('oll('go('''' :lIId pr(,)l:Iratory ,..dlUol,.. do, n(·\'(·rth(,I1·,..,.. m('n who ha\'(' attailll'd 1'laet'''' of rank ill th(' worlo (·Iaim that Illlleh of tlwir "'U('('I·"'''' h:,,.. heen OU(' to tIll' 1'hy"j"al training' r('('('i\'('o hll thl' oiamollli or gridiron; the flllllOU,.. 'YI'lIington 0111'(' ,..aid: ".-\11 of my g'l'l'at \'il'lori(,,.. W('re foug-ht yl':lr" ago on th(' foot hall th·ld,.. of Eng'land." It i,.. 1II1 "omitted fad that tIll'. \'il'!ori,·,.. of Ca(',..ar 0\'('1' tht, 1'('01'11,of Xortlll'rll Euru1'I' were due ,illll'l' to till' ,..uperior training' 01 Cae,..ar'", ,..oldier", 0\'('1' that of tl}(' Gaul,. than to lht' lI'ad('r,..hip of C:w,..:ir hims('lf. TIll' Humall soldier wa,.. traim'd for hi,.. life',.. work allo ht, did hi,.. work \\'(,11. Th(' ",allll' thing hold,.. t Tllt' toda~', ('om)ll't it ion, is ",trong'('r t IHln ('\'1'1' 1)('1'01"', Th(· world today d( mand" lI'ader",hip; and traillt'd IIlt'n, nlt'n whm'!' mu",· (·I('~ art' traim'd to do what th(· mino dirt,(·t,.., otlll'r thing'''' heinl! I'qual. will rult' th(' world. .\'hll'ti,·,.. (It·\'(·lo!' that I(';lfll'r",hil' whidl till' world o(·ll1:lIId,... :·nd fOl" that \'('ry rt'a",on ph~'",i('al training', whit·h m('ans nthlI·ti(·",. i", not only to!t'ratl'd but fostt'red hy our ",('hool" and ('ollt'I!('';;' "If ('du('ation i" the su~ total of mnn'", 1'll"t eXI'('rit'n('('"," tlll'n what ('1111 h!' 1!1Iinl'd frOID th{' nthlt·ti(· fit'ld is {·on"id ••rahl... Athll'tie trllininK te8(·III''''


tilt' hoy to 1'1'('(')\'(' a'ld ('XI'C'utl' ord('r" and at the "amI' time be self reliant. It d(·\'(·lop" ,n thl' indi"idual, p,.tien('(' and perseverance. It tl'aelw" man to know him"l'lf, to takl' d(~fl'at I'almly and "iC'tory modestly, nllll to kN'p hi" !wlld und('r trying- ('ir('um"t:uH'(''', In a 'word ATHLETICS train thl' ineli,'idual to he <l man. TI](' Ill'Xt thing- th:lt ('oml''' to m.\' mind i" what will the Collt'ge, of Law do in athl(,ti('" this ypar! The pllln of holding' an, inter(·lass field day (';\I"h yl'ar i" a wi'y ~ood OIW, al'd "hould he gi"en the undi\'ided support, of hoth f:H'ulty and "tud,·,!t", It ha~ the elerne,nt of eompetition n('('l's"ary for th(' "UC'('C"Sof ;.;uC'ha mC'1't and it offers opportunit~, for a lnrg'l' nlllllhl'r to ('ompl't(·. I 11l'1i('n' it would he n good po!i('~' for th(' athl('ti(' C'oull(·il of thl' CollC'g'(' of Law tn make (·ertnin ('hllnge" t,'nelillg' to hring ahout more training nf till' young men entennl\' the diff,'r('nt '('wnt", Eadl of the c'!:,ss ha"l'ha11 tenm" --hould b~ ohlig-ed to holel a c'l'rtllin '1lI1ll1lC'rof praC'til'(' g'am;,,, h('for" the me.·t. ElirninHtion ('ollh,,,t,, "llOulel h.· play ••d wlwl1l'\'cr'po",,\hll' to dl'h'nllin(' the' hlc'"t (·11I"'" t,'am", Thl' c'olltl,,,tllnt,, in the difft'r('nt (','('n1'" "!wllld p,ra('li('(' their C'\'.·lIt" a nlllllhc'r of timt's :tl"o. Slidl prn(·tiee m'n'r doe" nn~' ol:e hanu alld !C'''''PIl'' tll{' C'hallt'l'''' of ;u,(,idl'nl lInd injury, ,11 °W('\"('r, thi" i" /I mattl'r for tIlt' c'ollllllittc'p in dwr;.:l' of till' mel·t t •• !ulI:dlr lllld will hI' left in t h!.'ir hllnd". TIll' Ill'Xt thiug thllt I c'ou"ic!>'r important from till' "tillllipoint of tla' ('COlll'gol'of I.:,W i" t,'uni"" Thi" i" a "I'!<'ndid j,raJlIt· all(1 ..•llOlild he fo"ll'rl'd hy Ih(' ('oll"g'(' lllllhoriti('" a" 1I111<,h ::" »o""ihh', It i" a g'llme in whi(,h II mall ,'all pla~' wilh 1']l'a"UT(' all hi,.. lifl', , .\ Ir:lClitioll ha" ('I'own lip around till' g'anl{' whi..!1 nwk(·" ..!,,'ating' illlpo""il:lc': till' plan'T" thl'lII"l'l\'e" oft('n ad a" coffi,'ial", TIll' ('oil ('g'(' of Law "houtd hold Hnotlll'r inh'r-(,Io"" TI'IUJi,..T"urnanll'nl Ihi .• y.·ar and plan tn Ill' n'pn·,,(·nlc·d in 1111'rllin'r"ity T"IlTnaml'nt if onl' j,.. hpld, At I'n''''''111 o\\'ill~ I•• la(·k of tinl<' il d••(·,..liCIt "('1'111wi",· to nr;!!' thl' ('olll'l!(' t.) ('Olllpl'!t· in r"gu'ar illll·1-.· ••II(·I!'(·ho,,(·hol\ mill Ira(·k. hut I h••p(· thnl in :lnoll1<'T yl'.,r Ihi" will h(· 1''''' " i111(". TIll' \'aT"ily ha"!·hall t('am T('('I'i\';·d /'on"idl'rahl,' h·lp. 1:I"t ,\·I';,r. frClm tlJ(' law ..•tud,·nt,.. llnd "(""'1':11 Iw\'1' alr('ady "i;!nifil'd th"ir «I""irl' 10 «I•• ,.." thi" Yl'ar: all of whi"h aTg-UI''''w('1\ for IIIl' "Q"("'''''' of till' '·:lr,..jt,\·'!t·"Ill'" In rl'g'ilrd 10 group :lIhl(·ti"" f ••T th(· ('oll,·It(, "fLaw, mlHllI('r "('ri('''' of goroup or "Ia,..,.. galliI''' will pr ••hahly !:.. 11(·;(1. In thi" worK till' rni\'('r"ity i", gor!'al!y h:lJHlj(':'1'IWd hy till' W:lllt \OJ' a 1'1'''1'('1' go,\'1Il1Ul"in:llIIncl hathing" f:ll·iliti(,,,. It i..•nllt g'(lOcIfllr ClIll"S h(':l1I1I tll plll~' g'I'II1('" withuut II hath aft!'r it. L(·t u" hllpe thaI thi" will he' Tl'nll'cI~('d in Ihe' lIeur future h~' thl' ('lIn",tru('li"n f"r till' Ul1iv('",;it~, ul' till' h(,,,t ~."mnll"inm in the Orient.


Philippine Law Journal Volume 1 Issue 2  

Philippine Law Journal Volume 1 Issue 2

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