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
(b) Theft of property of the value of one kusta and over is great theft
(grand larceny) and shall be punished by fine as provided in section
one: Provided further, That the articles of property stolen shall be
restored to the owner or owners thereof, and the thief shall suffer
one hundred lashes.
The fine shall be divided between the person robbed and the governor
(the chief usually acts as judge), in the following manner: When no
trial shall have been held, the robbed party shall receive seven
parts and the governor three parts; if a trial is held, the fine
shall be divided equally between the governor and the party robbed,
whether he be a person of rank or otherwise.
(c) If the thief is a great or noted person or a governor, the fine
shall be doubled.
(d) The same penalty shall be applied to all persons convicted of
theft, whether male or female.
(e) In all cases of theft the stolen property shall be restored to
the owner or owners thereof.
(f) The buyer of stolen property shall be regarded as a thief unless
he proves the truth of the sale in the presence of the governor. If
he fails to have the seller examined and brought before the governor,
he shall be regarded as a partner in the theft.
Article III
Section 1. A false claim to property or debt shall be regarded as
theft and shall be adjudicated accordingly.
Article IV
Section 1. Whoever exacts a claim by force without the permission or
direction of the governor shall return whatever he exacts and forfeit
his claim; and in case the claim is not substantiated he shall return
the exacted object, and shall be fined two pieces of calico, to be
equally divided between the governor and the person from whom he
has exacted.
Article V
Section 1. Complainants who disagree upon the authority before which
they should appear shall come to a panglima. In case they do not agree
upon a panglima they must come to the sultan. But in case they agree,
it is preferable that they should appear before the local governor
or authority.
Article VI
Section 1. Whoever attempts to kill and kills a freeman shall be
fined fifty pieces of calico as blood money, also twenty gajahilaw
to be paid to the governor.
Whoever attempts to kill, but fails to kill, a freeman shall be
fined twenty-five pieces of calico, to be paid to the attacked party,
and ten gajahilaw to be paid to the governor.
Cases of unintentional and accidental killing and cases where the
killing is done by an undetermined party shall be regarded alike. The
blood money in each case shall be thirty gajahilaw.
Note.--In case a murder occurs in a neighborhood or village,
and the actual murderer is unknown, the blood money is paid by
the people of that neighborhood or village. They pay the full
amount of blood money in case they do not swear to the effect
that they did not commit the murder, but in case they swear to
that effect they pay only half the fine.
Article VII
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