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 matter was therefore argued before the Commission, pro and
con, from time to time between July and October, 1900, and the
conclusions announced January 5, 1901. The ecclesiastical authorities
took the position that the college is "truly an obra pia, that its
trusteeship has always been vested in the Church, as represented by
its legal agents either through the Society of Jesus, the kings of
Spain as ecclesiastical patron, the clergy of the cathedral, or the
university of Santo Tomás, under the direction of the archbishop." The
ecclesiastical argument is that the college "is essentially a religious
foundation and therefore the United States have not the right to
claim it as public property nor to intervene in its management,
since they cannot succeed to the Spanish ecclesiastical patronage,
they having proclaimed the separation of Church and State." It is
impossible also for the state to secularize the institution, an act
which would be paramount to confiscation. [63] Archbishop Nozaleda
argues also that the college "is an ecclesiastical obra pia, founded
by Esteban Rodriguez de Figueroa, with all the canonical and civil
formalities demanded by the legislation in force at that time for
such foundation." [64] Again, he says: "The college of San José is an
ecclesiastical obra pia, and as such belongs to the patrimony of the
Church." An ecclesiastical obra pia he defines as "any foundation
made through motives of religious piety, or with the purpose of
exercising Christian charity, with the approbation and authorization
of the bishop." [65] Against this Dr. T. H. Pardo de Tavera and
others argued before the Philippine Commission that the college of
San José was primarily of royal foundation; [66] Felipe G. Calderon,
a Filipino advocate, and the chief adversary of the ecclesiastics,
in his pamphlets, also argued that the college of San José is official
in its origin: [67] their conclusions being that the civil government
has power to intervene in the management of the college. [68] The
commission, being careful not to intimate any opinion that "should
be used by either side in the case to be argued and decided as
authority in that tribunal [i.e., the Philippine Supreme Court],"
expressed "no other definitive opinion than that the petitioners
[i.e., Pardo de Tavera, et al.] have presented a case of sufficient
dignity and seriousness to warrant its full consideration by a court of
justice." In the words of the commissioners: "In order to decide the
merits of this case, we should probably have to consider and settle
a nice question of canonical law, and investigate and discuss the
historical and legal relations of the crown of Spain to the head of
the Catholic Church. Neither of these questions do we feel competent
now to decide with the materials which are before us and with the time
at our disposal nor do we need to do so. We are not a court. We are
only a legislative body. It is our expressly delegated function in
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