The Philippine Islands, 1493-1898, Volume 45, 1736: 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 close of the nineteenth century
History
The Philippine Islands, 1493-1898, Volume 45, 1736: 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 close of the nineteenth century
Demarcation line of Alexander VI; Missions -- Philippines; Philippines -- Discovery and exploration; Philippines -- History -- Sources
The section of reversion, literally copied above, will have its desired
effect fully, in the case under consultation (unless permission is
given to reconstitute the private institution in regard to the ruling
of the writ of 1611), with entire independence of the academical
institutions of the state. The disagreement [disyuntiva] would be
between this and the reversion of the properties. Therefore, it is
sufficient to call to mind the succinct but faithful review which has
been made of the cardinal fundamentals of the foundation, in order to
have proved that the reorganization of education, which the ministry
of the colonies, laying aside all consideration of the community
[i.e., of the Dominicans], might order, would wound and destroy in
an essential manner, the will of the founders. If that should happen,
the province of Santísimo Rosario and the Dominican religious of the
province, would not only have the right to recover the properties,
and give them the pious application assigned by the section, but also
would not have the power to refrain from it, and consent that such
properties remain applied to the needs of the teaching institution
reorganized by the government. The patrons of a charitable fund, or
any other permanent foundation, can never convert the authority of
such contrary to the observance and purity of the institution confided
to their care. The acts of the patrons, contrary to the foundation,
possess the vice of nullity.
The lawyers undersigned have no exact and minute information of the
vicissitudes which the college-university has experienced from 1611
to the present day. Comparing alone the royal decree of October 29,
1875, which reorganized the instruction of the said college with the
writ of its primitive foundation, it appears that some rulings of
the former are at variance with the latter: for example, article 3,
which declares that the orders, plans, programs, and regulations, which
emanate from the ministry and in that case from the governor-general,
are obligatory for the organization and rule of education; article 6,
and the following ones which allowed entrance to secular professors
and defined their emoluments and fees; article 11, which reserved to
the ministry the power of fixing the fees of matriculation, degrees,
titles, and certificates; and article 13, which obliged the rector to
render an annual account to the royal vice-patron of the emoluments
and expenses of the university, the order supplying the deficit
resulting. But we are not consulting as to the greater or less legal
stability of the present condition of the institution or if we were
treating of it, it would not be within our province to disavow that in
other things of great importance, the government still respected the
fundamentals of the foundation, and that the concessions which were
made in 1875 in exchange for obtaining by entreaty the abolition of the
decrees of November 6, 1870, [169] appeared practically corroborated
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