New-York tribune., 1901-04-04
THE NEW PHILIPPINE CODE
CHANGES IN SPANISH COURT PROCEED
URE IN THE ISLANDS.

Philippine Commission, has just completed the
preparation OF a new code OF court procedure for
The islands. The bill, which will be enacted IL,
April has been the subject OF a great amount OF
study and research, and its various features have
been critically compared by the author with those
OF various countries with the intenton of combin-
ing simplicity with efficiency and prompt admin
isfTation or justice. criminal code, which is in
course OF preparation by Commissioner Luke E
Wright, VIII work in harmoniously with the civil
codes provisions. There will be no jury trials in
any branch OF adjudicature and the practice as TO
law and equity cases will be similar The general
Spanish laws will for the present remain in force
where not superseded by passed by the COM
mission, but later an entire revision of the Spanish
laws will be enacted. Spanish will be the court
language till 1906 The code substitutes new
courts for the present Of first instance and
of justices Of the peace, consequently making va
cant the present judges offices. and making it un-
necessary investigate in detail the many charges
made against either the present incumbents or the
cumbersome and often unjust system under which
they work.
The following partial outline OF the bill was
dictated to-day by Judge Ide:
The code numbers about nine hundred sections
aa eGS5 an5 Of 'f ov of th &
Will consist of one or more justices Of the peace
each province 10 be presided over by judges for
judicial district composed of more prov
court at stated periods in each province and 4
a chief justice There viii likewise be such munich
pal and special courts courts as may be needed and a
the United States. There is 70 be an attorney
Islands and a prosecuting officer for each prov
ince Justices OF the peace Will have jurisdiction
and in criminal actions where the offences do
months or fne not exceeding $50. Substantially
a.! other actions and special proceedings will be
10 the Supreme Court upon exceptions appeal
THE. SPANISH CODE UNwIELDY.
~. S,arisb ,-ooasurA ms 81 TleS with on
portunitles Tor aPpeals at every state and with
urpon SO many grounds that it was impossible TO
make any progress IN MIgation' and business men en-
because Of the delsy. expense and uncertainty IN
The new code is not reformation OF the Span;
ish procedure: ii is an entirely new procedure based
courts Of England and the British colonies and
some OF elr mn mos 1 sTer IN leesI
proceedings are 10 be abolished because they were
large amount Of pilfering BY the clerks and scriy-
eners OF the court and produced ttIe rehenuf di
Of The Spanish law whereby judges and magistrates
Determination of all challenges, are done away
with ONLY one on M Ppes efd5 rs IN tS c6r Sq Of r n
stance. Appeals from final jqdgments by justices
Of first instsnoe.
NATIVES UNITED FOR JURY TRIALS.
As no jgEtes are provided for and s. the s same
any sTent there Is no ground for more than one
instructions
The Philippine Commission DO not contemplate the
establishment Of jury trials in the island for the
that Anglo-saxon institution. The people are not
suftlcentiy educated or free from outside control
the immediate establishment OF that system:
nor has it been usual establish it with all its
force in the organization Of new government among
people not fully civilized or not accustomed 10 the
VIII be provided whereby either party shall have
10 sit with the Judge on trial These assessors will
have no controlling voice in the final decision. but
The assessors is that the Judgment is wrong they
will be the duty Of the Supreme Court 70 review the
evidence.
SESSIONS OF SUPREME COURT.
The Supreme Court is to hold two sessions each
geS at Manila and those t9 20 sessions Will bt cGveF
likewise 70 hold one short session year at Iioiio
and another al Cebu, TO Try cases originating IN
rtc's vii be defined BY special acts fast the
pec4e % P slTci s ann 1ractnabe 'e
The executive officer Of the Courts OF First In
process and take from them such indemnity as he
as a sheriff would in the United States.
nGer the sPansa c IAN }uoges & are a e0ig The 70 ci
liability Of judges is removed under the new e9ae'
der spanish procedure great portion Of the actual
work OF the court is conducted in secret aaer
eoLTIs are al ope 10 eejsted rle subsantaiiy as in
The United States with similar provisions for dis
barment after hearing. The existing distinction be
tween barristers and solicitors is apohsheo' aho
oy)v one grade OF lawyers is recognized.
Judges are prohibited from practising as lawyers.
Inasmuch the Spanish law has nothin5 ahalo-
gous 10 injunctions TO contempt Of court pro
ceedngs the code defines all the terms necessary
70 the exercise Of equitable jurisdiction anG IRE
Ecribes the machinery for its use The Spanish law
of evidence excludes so much evidence tnat citl-
Of country have been accustomed 70 re-
gard as vital and conducive 10 the asoertalnInent
of truth and admits 50 fnuch tlat = hedI9dE 60 80
under our ideas irrelevant. that the code oehnes
the Of evidence, the manner OF lts produc-
and AZ dn1iS
or documentary and provides the method OF au-
thenticstion of all written evidence
PROVISIONS FOR Use OF ENGLISH
The subject Of the language to be used in court
IS a difficult one II has not been thought 10 be
Just require the enormous mass Of the people.
and their lawyers, who know nothing OF the Eng
lsh language. 10 conduct their litigation in that
language, but, the other hand It is considered
that after reasonable time they should be re
ouired 10 conduct their proceedings in English. The
agree that the proceedings may be conducted in
the English language they may be 50 conducted,
but whore they do not the Spanish language shall
be the official language.
recovered in action and defines them substan-
TALLY as they restricted and defined In the FED
eral courts of the United States. Proceedings sup
Elementary an execution for eXaminat tion of
1he debtor his estate provided for sim
States. Pending causes in bankruptcy. are TO be
completed in accordance with the Spanish proceed
ated until II shall be determined whether the
bankruptcy law Of the United States may not be
extended 10 these islands
QUESTION OF FEDERAL COURTS.
The establishment Of one more Federal courts
strictly called. must necessarily be the Work OF
Hawaii have both been brought under the opera
zion of the acts Of Congress whereby their judi
eral courts are there provided and il is proba BILE
that such tribunals will ultimately be established