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 law of September 13, 1888, applicable to Filipinas, according
to article 4 of its transitory rulings, marks the bound of the
jurisdiction of the court of contencioso-administrativo. Perhaps
the generic notes of article 1 of the said law would be found in a
manner suited to the resolution of the ministry. That article would
occasion a report [estado]. In what concerns the application of
the properties and the incomes of the institution, it would emanate
from powers subject to rule, and not discretional, and would wound a
preëxisting right of a certain administrative character. For, besides
the original royal permission and that of the protectorate general in
regard to the foundations, the public administration has intervened,
intertwining the public service of the instruction of that university
with the private foundation. But article 4 of the law excepts the
questions of a civil nature, and of the competency of the ordinary
jurisdiction, the questions in which the right violated may be of a
civil character, and also those which emanate from acts in which the
administration has taken part as a legal person, or as one subject to
rights and obligations. Of a character essentially civil would be the
right violated by the hypothetical ministerial decision of which we
are treating, reducing to accidental mixtures the ancient connections
of the college founded by private persons, with the administration,
which was advantageous to the opportunities which the college offered
for the service of education. In strict terms one might add that the
government, although it would perform judicial acts as a public power,
in determining the future system of education, in exchange ought to be
considered as a legal person, in so far as it should attempt to obtain
by entreaty from the patrons of the college, the aid of the properties
and incomes of the legal person incarnate in them. But the notoriously
civil character of the laws which are involved in the observance of
the foundation of 1611 are sufficient so that we might consider as
definitive that the courts of justice would be those summoned to
impose on the government respect for the will of the institutors,
the owners of the properties with which the college is endowed.
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