Supervision and Reporting of Justices of the Peace
- Court of First Instance judge supervises justices within the district.
- Supervision via personal inspection, reports, appeals, and other sources.
- Justices seek advice from the district judge, not the Attorney-General.
- Annual justice report required by December 1 detailing suits, dispositions, pending cases, costs, fees, and marriages.
- District judge summarizes reports and submits to Secretary of Finance and Justice yearly.
Civil Jurisdiction and Powers
- Exclusive original jurisdiction for actions up to 200 pesos; concurrent with Court of First Instance for 200-600 pesos.
- Original jurisdiction over forcible entry and detainer, limited to possession issues, not title.
- No jurisdiction over title to real estate; such cases must be certified to Court of First Instance.
- Excludes cases without pecuniary value (except forcible entry), tax legality, admiralty, probate, guardianship, trustees, receivers, and annulment of marriage.
- Powers to solemnize marriages, administer oaths, take depositions, acknowledgments, and authenticate merchant books.
Criminal Jurisdiction and Sentencing
- Original jurisdiction for misdemeanors and municipal ordinance infractions with penalties up to 6 months imprisonment or 200 pesos fine.
- Repeals subdivision limiting jurisdiction.
Audit, Settlement, and Financial Accountability
- All fines, costs, fees collected monthly paid to municipal treasurer or revenue collector.
- Justice submits detailed collection statements.
- Audit by municipal treasurer and president or Insular Auditor (Manila).
- Emoluments capped by municipal president’s salary; Manila justices receive fixed salary.
- Auditors may report unnecessary prosecutions to Court of First Instance judge.
Service of Process
- Municipal president serves or causes service of processes via police force.
- Process may also be served by same channels as Court of First Instance.
- Civil processes may be served by designated persons.
- Manila justice permitted two additional clerks.
Role, Qualifications, Duties, and Compensation of Auxiliary Justice
- Same qualifications and restrictions as regular justice.
- Acts during vacancies, absences, disability, death, resignation, or urgent case certifications.
- Receives regular justice’s compensation during service; Manila auxiliary receives fixed fee per certified case.
Disqualifications and Substitute Justices
- Disqualified if related within sixth degree by marriage to parties.
- Auxiliary substitutes unless also disqualified; otherwise, case goes to nearest justice of province.
Procedural Rules: Appearance, Answer, Demurrer
- Appearance time regulated by former code unless >15 km from poblacion.
- Defendants may present defenses orally or in writing; non-appearing treated as general denial.
- Written set-off, counterclaim, reconvention allowed within jurisdiction.
- Demurrer challenges jurisdiction, plaintiff’s capacity, or complaint sufficiency.
Contempt Proceedings
- Justices can summarily fine up to 10 pesos or imprison up to 1 day for misconduct in court.
- Contempt decisions appealable and stayed like criminal cases.
Docket Keeping and Records
- Detailed docket required: case titles, nature, process issuance dates, appearances, pleas, trial minutes, witnesses, judgments, costs, executions, appeals.
- No written testimony except accused in preliminary investigations.
- Justice not required to attend Court of First Instance sessions unless subpoenaed.
- Criminal appeals and bind-over preliminary investigations require witness summary to provincial fiscal.
Venue
- Territorial jurisdiction coextensive with municipality except for ex officio justices and special laws.
- Civil processes limited within municipality except combined defendants.
- Forcible entry and detainer filed where property is located.
- Other cases filed where defendant resides or may be served.
Execution of Judgment
- If no appeal within 15 days, justice issues execution enforceable anywhere in Philippine Islands.
Appeal Procedures
- Civil appeals perfected within 15 days by notice, docket fee, bond or deposit.
- Judges or justices receive and transmit appeal documents to Court of First Instance.
- Judgments of Court of First Instance final except constitutional matters.
Possession and Forcible Entry Judgments
- Court to find right of possession or value; judgment includes damages and costs.
Costs Against Justices
- No costs adjudged against justices unless bad faith proven in jurisdiction excess.
Examination of Judgment Debtors and Related Proceedings
- Judges and justices may order debtor examination after unsatisfied execution.
- Orders require presence to disclose property for judgment satisfaction.
- Appearance imposed within province and municipality limits.
- Notice may be given to parties.
- Orders bind credits, property from order service onwards.
- Attendance compelled by order/subpoena; disobedience is contempt.
- Continuance allowed; justice's continuance capped at ten days.
- Examinations under oath; corporate representatives must swear.
- Judges and justices can order debtor property applied to judgments, except recent earnings necessary to support family.
- Appeals from property application orders allowed.
Fee Bill and Compensation
- Fixed fees in Philippine currency for criminal cases, civil actions, marriages, affidavits, acknowledgments, depositions, copies, and merchant book stamping.
- Fee bill displayed in Spanish, English, and local dialect.
- Certain exceptions: testimony fees not depositions, half fees on non-suit/default.
- Fees charged to plaintiffs in civil and municipality in criminal cases; no fees in certain townships.
Courtroom and Supplies
- Municipalities must provide suitable rooms and furniture.
- Bureau of Justice supplies stationery and dockets.
- Justice’s office located in poblacion; may hear cases elsewhere with parties’ consent and reasonable travel costs taxable.
Eligibility and Duties of Justices
- Minimum age 23, Philippine or US citizen, good moral character, literate in Spanish or English.
- Must attend court sessions daily or as business requires.
- May hold other vocations/offices with approval.
- Cannot act as attorney in cases before their courts except with special permission.
Restrictions on Fees and Compensation
- Receipt for fees mandatory.
- No extra compensation or gifts allowed.
- No interest in judgments allowed.
Removal and Discipline
- Court of First Instance judge investigates complaints or misconduct.
- May reprimand, suspend, or recommend removal to Governor-General.
- Governor-General empowered to remove justices or auxiliaries.
Annual Assemblies for Justices
- Judges hold yearly justice assemblies per province to instruct and discuss administration.
- Traveling expenses charged to Bureau of Justice.
- Excuses allowed after three successive attendances or for good cause.
- Nonattendance may justify suspension or removal.
- Provincial fiscal assists; clerk records attendance and standing.
- Assemblies may be deferred after sufficient instruction.
Appeals from Justice of the Peace to Court of First Instance and Supreme Court
- Established appeal routes for criminal and civil cases.
- Defendants admit bail as of right after judgment.
- Provincial fiscal can grant bail in judge’s absence.
Preliminary Investigations
- Justices have jurisdiction over preliminary investigations for local crimes.
- Can issue arrest orders, admit to bail, commit or discharge accused.
- Justice of the provincial capital may conduct investigations anywhere in province upon judge’s order.
Criminal Complaints and Approval
- Criminal complaints before justices require sworn statements.
- Complaints for municipal infractions or cedula tax require municipal president’s approval.
- Certain tax offense complaints require treasurer’s endorsement.
Inquests on Suspicious Deaths
- Justices outside Manila must conduct inquests on suspicious deaths.
- Take charge of investigations, examine witnesses, issue arrest warrants if warranted.
- Report findings to provincial fiscal.
- In absence of justices, municipal president assumes duties.
- Certain provisions not applicable if justice present.
Repeals and Effectivity
- Repeal of conflicting laws and sections not amended.
- Expedites enactment.
- Act effective July 1, 1907 except section on complaints effective June 1, 1907.