Studies in Moro History, Law, and ReligionSaleeby, Najeeb M. (Najeeb Mitry)
History
Studies in Moro History, Law, and Religion
Saleeby, Najeeb M. (Najeeb Mitry)
Law -- Philippines; Mindanao Island (Philippines) -- History; Muslims -- Philippines
In the discretion of the judge and the datu, a thief of property
amounting to the value of one malong or more shall have his hand
cut off and shall return the stolen property. If the stolen property
does not amount to the value of one malong, the thief shall suffer
thirty-nine lashes or pay a fine of four cuspidors.
Article XVIII
If there is any doubt of the truth of evidence or the truthfulness
of a witness, they shall be confirmed by oath.
Article XIX
Testimony of a slave which is detrimental to himself shall be accepted.
Article XX
Testimony of children and of the insane or imbecile shall be held
invalid.
Article XXI
If a person enters a house without permission and in the absence of
the owner, he shall be held responsible for and shall restore or pay
for any article that may be found missing from said house. A person
who enters the field of another shall likewise be held responsible
for and shall restore or pay for any article that may be found missing
from said field.
Article XXII
If a person loans or sells to a slave without the knowledge or consent
of the master of the slave, the person who loans or sells shall be
guilty of a misdemeanor; and the master of the slave shall not be
held responsible for the transaction of his slave.
Article XXIII
If in the course of an agreement for the sale of property questions
arise respecting the price or the amount of the sold property,
and no witness can be obtained, the seller shall be sustained if he
confirms his statement by oath; but the statement of the buyer shall
be sustained if the seller fails to take oath.
Article XXIV
If the seller and the buyer differ as to whether a certain defect in
the purchased property developed prior to or later than the date of
the purchase, the seller's statement shall be sustained if he confirms
it by oath; otherwise the buyer's statement shall be sustained.
Article XXV
If after the purchase of property the buyer discovers a defect in the
property which existed prior to the sale or purchase, he may return
the property to the seller and pay him a reasonable compensation
proportional to the decrease occasioned in the value of the property
through the detection of the defect; and the buyer shall then recover
the purchase price of the property.
Article XXVI
No purchased property shall be returnable to the seller on account
of a defect therein which has developed after the sale.
Article XXVII
If a person buys a slave and later discovers a defect in him and
returns him to the seller, but the seller denies the slave's identity,
the statement of the seller shall be sustained if he confirms it by
oath; otherwise the statement of the buyer shall be sustained. Similar
cases pertaining to other kinds of property shall be judged similarly.
Article XXVIII
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