The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-04-04
FOR THE PHILIPPINES
CODE OF COURT PROCEDURE
PREPARED By JUDGE DE.
Judge Wright at work on "A Criminal
COde-Features of the Civil Code
Explained by MIR. Ide.

inal code, which is in course of preparation
by Commissioner Luke f. Wright, will
work in harmony with the civil codes pro-
visions. There will be no jury trials in
any branch of adjudicature, and the prac-
tice as to law and equity cases will be
similar. The general Spanish laws will
for the present remain in force, where not
superseded by acts passed by the commits
sion. Spanish will be the court language
until 1905. The new code substitutes new
courts for the present Court of First In
stance and of justices of the peace, conse-
quently vacating present judges positions.
The following outline of the bill was die
tated for the Associated Press to-day by
Judge Ide:
The code covers the subject of the organ
ization of courts of civil procedure. The
judicial system will consist of one or more
justices of the peace for each municipality,
courts of first instance in each province
TO be presided over by judges for a judicial
district composed of one or more provinces,
and a supreme court TO consist of five judges,
including a chief justice. There will likewise
be such municipal and special courts as
may be needed, and a nOtarial system sim
liar TO that which prevails i'm the United
States. There is to be an attorney general
and an assistant attorney general Tor the
lSldHuS anu Il prosecuting Of1cer Tor edCn
province. Justices of the peace will have
jurisdiction in civic actions I'M 10 the
amount of Sl00 gold and in criminal actions
where the ~offenses do not require a penalty
exceeding imprisonment for six months or
a line not exceeding $50.
SPANISH SYSTEM CHANGED.
THE Spanish procedure was so filled with
opportunities for appeals at every state
and with provisions for challenging the
competence of judges on so many grounds
that it was impossible to make any prog
ress in litigation and business men re-
fused to enter the courts with their contro-
versies because of the delays. expenses and
uncertainty incident to those tribunals.
The new code is not a reformation of the
Spanish procedure; it is an entirely new
procedure, based on the general lines of
modern procedure in the courts of England
and the British colonies and some of our
own most progressive codes.
The system of pleadings is an exceed
ingly Simple one. The plaintiff is confined
TO the complaint, stating his cause of ac-
ton and the ground for the relief that he
seeks. and the defense is confined to an
answer setting forth the reply to the COM
plant; but the defendant may demur TO
the complaint, or the plaintiff may demur
to the answer, for the purpose of contest
ing the legal sufficiency of either.
a no juries are provided for, and as
the same judge would administer legal or
equitable relief in any event, there is no
ground for more than one jurisdiction. The
instructions of the President TO the Philip
pine Commission do not contemplate the
establishment OF any jury trials in the
islands for the present because the condi-
tions are not yet suited 10 that Anglo
Saxon institution. The people are not suf-
ficiently educated nor free from outside
control or from tampering with jurymen
to warrant the immediate establishment of
that system.
Partly for the purpose of satisfying the
wishes of the Filipinos that more than one
Judge might sit in a case, and partly for
the purpose of terrifying the Judge I'm his
judgment a system of assessors will be
provided whereby either party shall have
the right to have two assessors. impair
province best fitted by intelligence, integ-
rity and repute to act as triers of fact, 10
sit with the judge on trial. These assess
ors will have no controlling voice in the
final decision, but only the power of adj
vice, but where the opinion of the assess
ors is that the judgment is wrong they
may SO certify in the record. and In that
case il will be the duty of the Supreme
Court to review the evidence and give to
the dissent of the assessors such weight
as in their judgment ought TO be given
TO it.
JURISDICTION OF JUDGES.
1.-THE judges of the Supreme Court have
jurisdiction throughout the islands, and
the judges of the court of first instance
nave Jurisdiction throughout their judicial
districts in habeas corpus proceedings.
THE Supreme Court, in the exercise of
the appellate jurisdiction over courts of
first instance in actions. is confined to mat
ters of law on bills of exceptions, the find
ings of the judge of the court of first in
stance being conclusive on questions of
fact. except in certain special cases where
in the Supreme Court may review the facts
substantially as they might in courts of
equity in the United States.
THE Supreme Court is to hold two ses-
cinnG oanh NJ Manila and these two
sessions will cover probably a greater por-
ton OF the year, but it is likewise to hold
one short session per year at Iloilo and an
other at Cebu to try cases originating in
those portions of the archipelago.
1.-The executive officer of the courts of
first instance will be the Governor of the
province. who will appoint his own depu-
ties and take from them such indemnity
as he may require, himself being required
10 give bond, as a sheriff in the United
States.
THE subject of the language TO be used
i'm court is a difficult one. 1t has not beer
thought Just to require an enormous mass
of people and their lawyers. who know
nothing of the English language, to con
duct their litigation i'm that language; but
on the other hand, il is considered tina
after a reasonable time they should be re.
CURED to conduct their proceedings in Eng
lish. The code, therefore, provides that
where both parties agree that the proceed.
ings may be conducted in the English Ian
guage. they may be so conducted, blu
" Itlt IntN dO ~ lhC oBdIiSh dlSud :
shall be the official language. This gives
an opportunity TO all F1lipinos and Filipino
lawyers to equip themselves within a time
that is deemed to be reasonable.
The new system restricts the costs that
may be received in an action and defines
them substantially as they are restricted
and defined in the federal courts of the
United States.
The establishment of one or more fed
eral courts. strictly sO-called. must neces-
sarily be the work of Congress. if deemed
advisable. The insular authorities have no
power to create federal courts, so-called,
because they have no power to confer
jurisdiction upon Circuit Court, or Circuit
Court of Appeals. or the United States SUI
| preme Court to entertain appeals from any
tribunal created i'm the islands. hence, the
furthest that the commission could go in
that direction would be to establish a pro-
visional quasi Federal Court, as was done
by the military authorities in Porto Rico
The salaries of the judges of the courts OF
first instance will vary from $500 to $500
according TO the Importance of the judicial
district to which the judge may be as
signed. The salaries of the Judges of the
Supreme Court will be 5000. except as &c
the chief Justice. who will receive $500"