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
[170] Concerning this court, the first report of the Philippine Taft
Commission, Historical resumé of the administration of justice in
the Philippine Islands, by Cayetano S. Arellano, chief justice of the
supreme court, pp. 228-230, says: "This court--in English, Contentious
Court--arose from the establishment of a council of administration
in these islands under the provisions of a royal decree of July 4,
1861, which surrounded the governor-general of these islands, who was
president of the court, with prominent men who advised him by their
votes on consultation. This contentious court consisted of three
officials of judiciary, the president and two magistrates appointed
by turn among those constituting the personnel of the Audiencia, with
the exception of the presidents of the branches and two officials of
the administration, who were known as the administrative magistrates;
subsequently, by royal decree of the third of June, 1866, the court
was reduced to a president and three magistrates. This court took
cognizance of suits brought by private persons against the State,
whenever they were litigated. Complaints of private individuals
against the administration of the State, if not subject to litigation,
could, after presentation of appeals to the governor-general of
the islands, be taken upon a recourse of complaint to the colonial
office in Spain if no relief was obtained under the decision of the
governor-general." A decree of February 7, 1869, provided that the
"contentious administrative jurisdiction, which was exercised by the
councils of administration of the provinces of the colonies should
in the future rest in the territorial audiencias of those provinces;
that, for the exercise of this jurisdiction, there should be organized
in each Audiencia, as is done here, a department composed of the
president of the same and the two presidents of the branches, the
representative of the State being the attorney-general. The theory
upon which the former organization of this contentious administrative
tribunal rested was the administration of the State in respect to
its litigation with subjects. The judge-advocate was both judge
and litigant at the same time. However, the decree of the seventh
of February, 1869, inspired by the principles proclaimed by the
revolution, was that these questions should be decided in the same
manner as any other issue between private individuals. These suits,
as has been seen, were brought in first instance before the Audiencia
of the territory; consequently, appeals in second instance lay before
the supreme court of justice of Spain. But by the other theory the
first instance pertained to the contentious tribunal of the council
of administration, and second instance of the council of State of
Spain, to which appeals might be taken against decisions of the
former court. But this reform, well received, both in Spain and in
the colonies, was of short duration, for one of the first acts of the
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