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
by the lasting agreement of the patrons and of those summoned to
obtain the properties by virtue of the clause of reversion, although
in strict rigor of law the document of the foundation ought to take
precedence over any act and any submission of its natural guardians.
For the concrete matter of our opinion, we have only to declare that
we do not believe that the former more or less extreme mildness of
the patrons in the presence of the interference, which rejected the
foundation, weakens the actions of the patronage of the college and
of the ecclesiastical province favored by the clause of reversion
in order to demand the observance of the foundation, if, perchance,
the ministry of the colonies, exercising powers which indubitably
belong to it, reorganize the instruction of the university without
considering the religious community of the Dominicans. Even in the
hypothesis of considering as illegal the tolerances or concessions
of former times, the foundation, pure and simple, is the criterion
and only norm with which the dispute can be adjusted.
The second point of the conference offers no difficulty in whatever
concerns the existence of a legal means for opposing a resolution of
a government contrary to the native autonomy of the college. Leaving
aside the attributes of the ministry to direct the services of
education as it deems most suitable, whenever they are sustained by
the public funds, the opposition, if it limit itself to the use of
the properties and funds from private origin, which today endow the
institution, would have a legal mean beyond any doubt, to demand the
strict observance of the law of foundation.
What would this mean be, or which of the two possible means appears
more efficacious? Would it be by bringing the complaint before the
court of contencioso-administrativo [170] or before the ordinary
justice?
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