The Philippine Islands, 1493-1803 — Volume 05 of 55: 1582-1583; Explorations by Early Navigators, Descriptions of the Islands and Their Peoples, Their History and Records of the Catholic Missions, as Related in Contemporaneous Books and Manuscripts, Showing the Political, Economic, Commercial and Religious Conditions of Those Islands from Their Earliest Relations with European Nations to the Beginning of the Nineteenth Century
History
The Philippine Islands, 1493-1803 — Volume 05 of 55: 1582-1583; Explorations by Early Navigators, Descriptions of the Islands and Their Peoples, Their History and Records of the Catholic Missions, as Related in Contemporaneous Books and Manuscripts, Showing the Political, Economic, Commercial and Religious Conditions of Those Islands from Their Earliest Relations with European Nations to the Beginning of the Nineteenth Century
Demarcation line of Alexander VI; Missions -- Philippines; Philippines -- Discovery and exploration; Philippines -- History -- Sources
7. _Item_: In the hearing and judging of said cases, either civil
or criminal, the decision shall be whatever meets the approval of
the majority; and should they be equally divided, two or three of
the judges shall choose, impartially and in whatever manner may
seem best to them, an advocate for the determination of the case
upon which they have disagreed. The decision of the majority must be
executed, even if this majority consist of but two. If there be but
two judges in the Audiencia, they are empowered to try and determine
all the said cases alone; if they can agree, their decision is valid,
and in case of disagreement, they shall choose judges in the manner
above described. If at any time there should be but one judge in
the Audiencia, he is empowered alone to conduct the proceedings in
all the said cases up to the point of rendering final decision. He
may make investigations and issue orders for arrest, and when the
affair is submitted for final decision, he may choose an assistant
judge satisfactory to him. He is empowered to pursue this same course
in cases of damage which cannot be repaired by definite sentence;
and in a civil case of two hundred pesos or less, he is empowered to
conduct alone an original trial or an appeal, as he may also do in
criminal suits for slander.
8. _Item_: We ordain and command with regard to civil cases appealed
from the alcaldes-in-ordinary of the city where the Audiencia may be,
or from the other magistrates within five leagues thereof, that they
may be appealed before the Audiencia; and if the judgment given by the
Audiencia in said cases be of two hundred pesos of the mines [_pesos
de minas_] or less, it shall be executed as if it were granted after
review, and there shall be no appeal therefrom, whether the said
judgment be in confirmation or in revocation.
9. [Technical directions for procedure in a case on appeal when the
appellant desires, after appeal, to add to the evidence taken at the
trial of first instance. Affidavits are presented on both sides before
the judge of first instance, an interlocutory decision is pronounced,
time is allowed for filing objections, and the record of the second
series of proceedings is added to that of the first.] [45]
10. _Item_: Whoever shall bring before our Audiencia a case on appeal
may appear before the clerk whom he chooses. The clerk before whom
he appears shall be required to notify our president and auditors
of such appearance, that they may assign the case so as to produce
equality among the clerks; and the same shall be maintained among
the suits begun in the first instance in our said Audiencia.
Public-domain text, read in full here on John Shaqi.
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