The Philippines: Past and Present (Volume 1 of 2)Worcester, Dean C. (Dean Conant)
History
The Philippines: Past and Present (Volume 1 of 2)
Worcester, Dean C. (Dean Conant)
Philippines; Philippines -- History -- 1898-1946
The slender salaries paid to judges, the fact that in the majority
of cases their appointment and promotion were due to influence and
suggestion, their liability to be transferred from one court to another
or from the Philippines to the Antilles, as frequently happened, and
the further fact that the subordinate personnel of the courts was not
a salaried one, caused the administration of justice in the Philippine
Islands to be looked upon askance. There was a general belief, well
founded in many instances, that lawsuits were won through influence
or bribery. Clerks and the subordinate personnel of the courts were
readily bribed. Indeed, they frequently demanded bribes from litigants,
or from defendants in criminal cases, under promise to expedite the
trials if paid to do so, or under threat to commit some injustice
if payment was not forthcoming. For many years after the American
occupation justices of the peace received no salaries and had to look
to fees for their compensation. This system worked wretchedly. The
positions were only too often filled by very incompetent and unworthy
men, who stimulated litigation in order to make more money. Now all
justices of the peace receive reasonable salaries.
The paying of regular salaries and the furnishing of necessary
offices and supplies have done much to improve the work of justice
of the peace courts, which are now presided over by men who average
far better than even their immediate predecessors.
Until they were put on a salary basis the work of the Filipino
justices of the peace left much more to be desired than is lacking
at present. In many instances they allowed gross brutalities,
perpetrated by the rich on the poor, or by the strong on the weak,
to go unpunished. The following case furnished me by an American
teacher is typical of what has occurred only too often:--
"On another occasion, I met the brother of my house _muchacha_,
[496] a boy about eight. He had a sort of protuberance on
one side caused by broken ribs which had not been set. I
questioned my _muchacha_. She said her step-father had kicked
the child across the room some weeks before and broken his
ribs. The next day, I took the child together with Señora
Bayot, the wife of the Governor's secretary, before the local
Justice of the Peace. Señora Bayot translated and the child
told the same story as had his sister. The Justice of the
Peace issued an order for the step-father to report to him
on the next day. That night my _muchacha_ told me that her
step-father had threatened to kill the child if he did not
tell the Justice that he got the hurt by falling out of an
orange tree. The child did as ordered, and the step-father was
dismissed. When I questioned the Justice of the Peace as to
why he credited the second tale, he said the child was under
oath then, and was not under oath in the first statements."
Public-domain text, read in full here on John Shaqi.
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