The Philippines: Past and Present (Volume 2 of 2)Worcester, Dean C. (Dean Conant)
History
The Philippines: Past and Present (Volume 2 of 2)
Worcester, Dean C. (Dean Conant)
Philippines; Philippines -- History -- 1898-1946
"The undersigned has reason to believe that Negrito children and
children of other non-Christian tribes are occasionally bought and
sold by civilized natives, and is strongly of the opinion that
in case the Penal Code does not provide adequate punishment for
such offences, it should be so amended as to make it possible to
inflict severe penalties upon those who buy and sell human beings
in this Archipelago.
(Signed) "Dean C. Worcester,
"Secretary of the Interior."
The papers were referred by Governor-General Wright to the
Attorney-General--
"for an opinion as to whether there is not some provision in the
present Penal Code which will provide adequate punishment for
such offences as are related herein."
The opinion of the Attorney-General rendered in response to this
request [72] encouraged me to believe that something could be done
under existing law.
I returned the papers, together with the opinion, to the governor
of Nueva Vizcaya and three test suits were brought as promptly as
possible.
One of them has become historic. It was brought against Tomás Cabanag,
a well-known slave dealer who made a business of buying and selling
Ifugao children. He was charged with illegal detention in connection
with the admitted sale, by him, of an Ifugao girl named Gamaya. [73]
He was convicted in the Court of First Instance. I quote the following
extract from the decision of the court:
"The Congress of the United States has declared that human slavery
shall not exist in these islands and while no law, so far as I can
discover, has yet been passed either defining slavery in these
islands or affixing a punishment for those who engage in this
inhuman practice as dealers, buyers, sellers, or derivers, the
facts established in this case show conclusively that the child
Jimaya was by the defendant forcibly and by fraud, deceit and
threats unlawfully deprived of her liberty and that his object
and purpose was an unlawful and illegal one, to wit, the sale
of the child for money into human slavery. This constitutes the
crime of Detencion ilegal defined and penalized by Article 481
of the Penal Code and this Court finds the defendant guilty as
charged in the information."
The case was promptly appealed to the Supreme Court and was there
lost on March 16, 1907.
Public-domain text, read in full here on John Shaqi.
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