Organization of Courts in Philippine Islands

Judicial qualifications and court personnel hours

Section 3 provides that eligibility for Chief Justice of the Supreme Court, judge of the Supreme Court, judge of a Court of First Instance, or Attorney-General requires:
- being more than thirty years of age;
- being a citizen of the United States or a native of the Philippine Islands, or having acquired—by virtue of the Treaty of Paris—the political rights of a native of the Islands;
- practicing law, or serving as a judge of a court of record, in the United States or the Philippine Islands, or in Spain, or (before the Treaty of Paris ratification) in any Spanish territory, for a period of five years; or for a like period holding an office requiring a legal degree as an indispensable qualification in the Philippines or in Spanish territory (before Treaty of Paris ratification).
Section 4 requires that hours of labor of all employees in and about the Supreme Court and Courts of First Instance be regulated by section one of Act Numbered Eighty (hours of labor, leaves of absence, and transportation of appointees under the Philippine Civil Service), enacted January twenty-sixth, nineteen hundred and one.
Section 5 states that leaves of absence of named Supreme Court and Courts of First Instance officials must be granted by the Chief Justice (Supreme Court levels), and by the judge of the Court of First Instance for his province within the judicial district (for subordinates of Courts of First Instance).
Section 5 further states that leaves of absence under this Act are governed by Sections two and three of Act Numbered Eighty.

Travel expenses, salary, and judicial oath

Section 6 grants a judge residing in the United States appointed to the Supreme Court or Court of First Instance traveling expenses for himself and family from his residence to Manila if he comes by the steamer and route directed by the Chief Executive of the Islands.
Section 6 provides salary rules during travel:
- one-half salary from the date of leaving home to Manila;
- full salary from the date of arrival, provided he proceeds directly to the Islands;
- otherwise, half salary for only the time ordinarily required to perform the journey.
Section 6 provides that if the judge has been employed in the Philippine Islands for three years or more, upon retirement he may request transportation for himself and family from Manila to his residence and receive half salary for thirty days, in addition to full salary for leave of absence under this Act and Act Numbered Eighty.
Section 7 requires judges and justices to take and subscribe to an oath or affirmation before performing official duties, committing to impartial administration of justice and acceptance of the supreme authority of the United States of America in these Islands.
Section 7 allows the oath to be administered by any member of the Philippine Commission, or by a duly qualified judge or justice of the peace, and requires filing with the clerk of the court where taken for recording.

Supreme Court organization, terms, and sessions

Section 8 establishes the Supreme Court as composed of a Chief Justice and six associate judges, with:
- any five forming a quorum;
- in absence of a quorum, members present may adjourn with the same effect as if all were present;
- judgment requiring concurrence of at least four members.
Section 8 provides that appointments are made by the Commission and judges hold office during its pleasure.
Section 9 sets annual salaries payable monthly:
- Chief Justice: $7,500;
- associate judges: $7,000.
Section 10 requires the Supreme Court to sit in banc as a body of all members, presided over by the Chief Justice; in the absence of the Chief Justice, the next in seniority presides.
Section 11 requires the Supreme Court to always be open for business and to hold regular terms:
- at Manila, starting the second Monday of January and July;
- at Iloilo, starting the first Monday of November;
- at Cebu, starting the first Monday of December.
Section 11 requires each regular term at Manila to continue for at least four successive months unless all business is completed earlier, and mandates that sessions for hearing causes are held on five days in each week when there is business, continuing not less than four hours each day.
Section 11 allows special sessions at the named places at other times prescribed by the judges, and provides that rooms occupied by Courts of First Instance in Cebu and Iloilo are available for Supreme Court sessions.

Supreme Court operation: expenses, venue, writings, jurisdiction

Section 12 authorizes actual travel and subsistence expenses when Supreme Court judges, Attorney-General, Solicitor-General, and Assistant Attorney-General are absent from Manila on court business or to attend sessions, upon the Chief Justice’s certificate and Auditor’s approval.
Section 13 prescribes where actions are heard based on the original Courts of First Instance’ location:
- Luzon, Mindoro, Marinduque, Paragua → Manila;
- Romblon, Panay, Masbate, Negros, Sulu Archipelago, south half of Mindanao → Iloilo;
- Cebu, Bohol, Samar, Leyte, north half of Mindanao → Cebu.
Section 13 provides that original actions are filed in Manila, but may be heard at Iloilo or Cebu if the Court so orders.
Section 14 empowers the Supreme Court to order cases triable at one of the places to be heard at another when public good, convenience, or necessity for speedy hearings requires it, with the same effect as if heard at the proper place.
Section 15 requires Supreme Court decisions to be in writing, signed by judges concurring, with grounds stated briefly but clearly.
Section 16 classifies Supreme Court jurisdiction into original and appellate.
Section 17 grants original jurisdiction to issue mandamus, certiorari, prohibition, habeas corpus, and quo warranto in cases and manner prescribed in the Code of Civil Procedure, and to hear and determine controversies thus brought or other cases provided by law.
Section 18 grants appellate jurisdiction over all actions and special proceedings brought from Courts of First Instance and other tribunals where law specially provides an appeal to the Supreme Court.
Section 19 grants the Supreme Court power to issue writs of certiorari and all other auxiliary writs and process necessary for complete exercise of its original or appellate jurisdiction.

Supreme Court clerks, bonds, officers, and fees

Section 20 authorizes the Commission to appoint a clerk who serves as recording officer, interpreter and translator, performs duties under the Code of Civil Procedure, receives a salary of $3,000 per year, and has all fees charged belonging to the Government.
Section 20 permits removal of the clerk by the Supreme Court judges and successor appointment from a Civil Service Board eligible list under the Civil Service Act.
Section 20 allows the clerk to employ deputies and assistants necessary as decided by a majority of Supreme Court judges, with salaries fixed by them subject to the Chief Executive’s approval.
Section 21 requires the Supreme Court clerk, before performing duties, to execute a bond to the Government in the penal sum of $10,000, with sufficient surety approved by the Insular Treasurer, conditioned for faithful performance and payment of sums coming into his hands.
Section 21 requires recording of the bond in the Insular Treasurer’s books and keeps it available for any party in interest; the clerk may require deputies/assistants to give sufficient bonds to indemnify against malfeasance or nonfeasance.
Section 22 designates the officer to serve Supreme Court processes and enforce good order:
- governor or deputy when court is in session at Cebu or Iloilo;
- otherwise the sheriff of the city of Manila as later provided.
Section 23 requires the governor to execute, before qualifying, a bond to the Government in the penal sum of $10,000, approved by the provincial treasurer, conditioned for faithful performance and payment to persons entitled; bond must be recorded and kept on file and is available as security.
Section 23 permits the governor to require deputies to execute indemnity for protection against malfeasance or nonfeasance.
Section 25 designates the sheriff of the city of Manila as officer for Supreme Court sessions in Manila, appointed by the Commission during its pleasure, empowered to appoint deputies, to serve all processes in Manila, and required to execute a bond in the penal sum of $25,000, approved by the Insular Treasurer.
Section 26 allows re-bonding when bond is insufficient; if a new bond is not given within the period set in the order, a sheriff must be appointed with all powers and duties of the regular officer.
Section 27 provides that officers of the court and deputies are paid by fees only, strictly in accordance with the fee bill in the Code of Civil Procedure.

Supreme Court procedural powers and assignments

Section 28 requires Supreme Court judges to make all necessary uniform rules for orderly procedure in the Supreme Court and Courts of First Instance and courts of justices of the peace, and for admission of lawyers, in accordance with the Code of Civil Procedure.
Section 28 provides that such rules must be uniform for courts of the same grade and binding on those courts; Supreme Court may alter or amend the rules at any time.
Section 29 authorizes the Supreme Court to assign any Supreme Court judge to hear any particular cause pending in a Court of First Instance or hold a term in a Court of First Instance.
Section 29 provides that the assigned judge has all powers of the regular Court of First Instance judge in actions heard under the assignment, but does not sit in Supreme Court review of decisions he made in the Court of First Instance.
Section 31 makes the reporter a ministerial officer subject to Supreme Court orders.

Reporter of decisions; reports, language, and distribution

Section 30 requires Supreme Court judges to appoint a reporter of decisions who holds office during their pleasure, can be removed and replaced, and receives $1,000 per year payable quarterly upon certificate of a majority that quarterly duties were performed.
Section 32 requires the reporter to publish concise and correct synopses with each case, including counsel names, material and controverted points, authorities cited, and a syllabus limited to points of law decided on facts without reciting facts.
Section 33 requires bilingual reporting until January 1, 1906, with decisions in both English and Spanish bound together in the same volume.
Section 33 then requires publication of decisions only in English starting after January 1, 1906.
Section 34 requires each volume to include a table of cases and a full alphabetical index of subject matters, and to contain not less than 750 pages of printed matter, well printed on good paper, well bound, styled “Philippine Reports”, and numbered consecutively.
Section 35 requires the reporter to contract for printing and binding 2,000 copies of each volume, but only after approval by a majority of Supreme Court judges.
Section 36 requires delivery of printed volumes to the librarian of the Philippine Commission, with distribution to specified officials and courts, prohibiting sale or disposal by recipients, and providing that volumes are public property; it also requires retaining at all times at least 10 copies in the Commission library and sending 10 copies to the Library of Congress in Washington.
Section 37 requires immediate recording of opinions in an “Opinion Book” by the clerk upon promulgation, then delivery of originals to the reporter, who retains them as part of his office.

Transfer of pending cases; abolition of courts

Section 38 transfers all records, books, papers, causes, actions, proceedings, and appeals lodged, deposited, or pending in the existing Audiencia or Supreme Court, or pending by appeal before the Spanish “Contencioso Administrativo,” to the new Supreme Court, which has the same power and jurisdiction as if originally lodged there; appeals are treated as though appealed to the new Supreme Court.
Section 39 abolishes the existing Audiencia or Supreme Court and substitutes the Supreme Court provided by this Act.

Attorney-General and legal officers

Section 40 provides for an Attorney-General appointed by the Philippine Commission to serve during its pleasure with salary of $5,500 per annum, payable monthly.
Section 41 establishes the Solicitor-General as an officer learned in the law, appointed by the Commission with salary of $4,500 per year payable monthly.
Section 41 provides that the Solicitor-General has power to exercise the Attorney-General’s duties in case of vacancy or in the Attorney-General’s absence or disability.
Section 41 requires that, under the Attorney-General’s supervision, the Solicitor-General conduct and argue suits and appeals in the Supreme Court in which the Philippine Government is interested; it also allows the Attorney-General, when he deems it in the Government’s interest, to personally conduct and argue any case or direct the Solicitor-General to do so.
Section 42 creates an Assistant Attorney-General, appointed by the Commission to serve during its pleasure with salary of $3,000 per annum payable monthly, who performs the Attorney-General’s duties in his absence and the absence of the Solicitor-General, and performs other assigned services.
Section 43 requires these officials to take and subscribe to an oath or affirmation before performing duties committing to faithful and impartial discharge and enforcing prosecution without bias or favoritism, with acceptance of the supreme authority of the United States of America in these Islands.
Section 43 provides that any judge of the Supreme Court may administer the oath and it must be filed with the clerk of that court.

Attorney-General bond, office hours, and assistants

Section 44 requires the Attorney-General, before entering on office, to execute a bond to the Insular Government in the penal sum of $5,000, approved by the Insular Treasurer, conditioned for faithful performance and payment of sums coming into official hands.
Section 44 provides that if the Attorney-General fails to give the bond within thirty days after appointment, the office becomes vacant and a new Attorney-General is appointed.
Section 44 requires the Attorney-General to be able to require the Solicitor-General and Assistant Attorney-General to each give bonds in the penal sum of $5,000, approved by him, conditioned for faithful performance and payment; failure to give the required bond within thirty days after appointment makes the office vacant for the Solicitor-General or Assistant Attorney-General.
Section 45 commands the Attorney-General to perform specified duties, including attending the Supreme Court and prosecuting or defending all civil and criminal causes in which the United States or its officers are parties in their official capacity; causes in which the Government of the Philippine Islands or its officers are parties; and causes where a province may be a party unless the province’s interest is adverse to the Government or the United States or their officers in official capacity.
Section 45 requires the Attorney-General, after favorable judgment, to direct issuance of necessary process and account for and pay over money in possession belonging to the Government(s) or province.
Section 45 requires the Attorney-General, when necessary for enforcement or collection in favor of the Insular Government or province, to institute actions to set aside conveyances or devises made fraudulently to hinder, delay, or defraud creditors.
Section 45 requires the Attorney-General, when required by public service or directed by the Chief Executive, to repair to provinces to assist the provincial fiscal in discharge of his duties and assist in prosecutions against government officers.
Section 45 requires the Attorney-General, at request of the Chief Executive or other proper officer, to institute and prosecute suits on official bonds or contracts in which the Government is interested upon breach, and prosecute or defend civil or criminal actions related to matters connected with Insular Government offices, with ability to require provincial fiscal assistance.
Section 45 requires the Attorney-General, when requested, to prepare contract drafts, forms, and other writings for government use; pursue collection of claims/judgments outside the Islands and, with consent of the Chief Executive, employ counsel to assist.
Section 45 requires the Attorney-General to give written legal opinions upon written request to specified governmental bodies and officers, including the legislative body, Chief Executive, Auditor of public accounts, Insular Treasurer, General Superintendent of Public Instruction, trustees of government institutions, and provincial fiscals.
Section 45 requires the Attorney-General to maintain a docket recording causes by province and court, civil/criminal nature, demand and stage, and execution outcomes, including reasons for delay or prevention; and to make reports to the Philippine Commission through the Military Governor on January 1 and July 1 each year with recommendations for improvement.
Section 46 requires the Attorney-General to keep an office in Manila and be open on each business day from nine to twelve in the forenoon and three to five in the afternoon, except when absent on public business or by Chief Executive consent.
Section 47 allows only such clerical assistants as are absolutely necessary for due performance, upon certification by a majority of Supreme Court judges that assistants are necessary; compensation is fixed by Supreme Court judges with Chief Executive approval.

Courts of First Instance creation and judge assignments

Section 48 mandates one Court of First Instance for each province where civil government is organized or will be organized under the sovereignty of the United States, with a judge presiding appointed by the Philippine Commission to hold office during its pleasure.
Section 48 provides that judges preside in all Courts of First Instance in their judicial district consisting of provinces later designated by law.
Section 48 excludes the applicability of this section to the Province of Benguet and other provinces with special civil government for largely uncivilized people, and it excludes the city of Manila.
Section 49 provides one Court of First Instance for the city of Manila with two judges appointed by the Commission, presiding in separate court rooms.
Section 49 requires equal apportionment of actions between the two Manila judges for trial according to a rule made by Supreme Court judges; it also permits either judge to try an action apportioned to one judge when convenient.
Section 50 sets salary:
- Manila Court of First Instance judges receive $5,500 per year;
- other Courts of First Instance judge salaries are specially prescribed by law according to importance and responsibility.
Section 51 authorizes the Supreme Court to order any Court of First Instance judge to hold a term or part of a term in another province/jurisdiction when necessary due to absence, illness, or disqualification of the proper judge, or when an unusual amount of business requires an additional judge.
Section 51 provides that judgments, orders, and proceedings by the assigned judge are effective as if the regular judge had presided.
Section 52 allows a judge to hold Court of First Instance in any province upon request of the judge of that province, or upon the request of the Chief Executive, and gives the visiting judge the same powers as the proper judge.

Courts of First Instance sessions, jurisdiction, and officers

Section 53 provides that Courts of First Instance are always open (legal holidays and non-judicial days excepted) and hold sessions at provincial capitals unless otherwise provided by law; session dates are fixed by later law.
Section 54 requires regular session hours during terms:
- 9:00 a.m. to 12:00 noon and 3:00 p.m. to 5:00 p.m.;
- Saturday requires a forenoon session only;
- the judge may extend hours when proper.
Section 54 requires all court officers and employees to be in attendance during session hours.
Section 55 classifies Courts of First Instance jurisdiction into original and appellate.
Section 56 grants original jurisdiction in specified matters, including:
- civil actions where the subject matter is not capable of pecuniary estimation;
- civil actions involving title to or possession of real property or any interest therein, or legality of a tax, impost, or assessment, except forcible entry and detainer, which is conferred on courts of justice of the peace;
- civil actions with demand (exclusive of interest) or value of property in controversy of $100 or more;
- admiralty and maritime actions irrespective of value or demand;
- probate matters (testate and intestate), appointment of guardians, trustees, and receivers, and actions for annulment of marriage, and special cases and proceedings not otherwise provided for;
- criminal cases where a penalty of more than six months’ imprisonment or a fine exceeding $100 may be imposed.
Section 56 grants Courts of First Instance power to issue writs of injunction, mandamus, certiorari, prohibition, quo warranto, and habeas corpus in their respective provinces and districts as provided in the Code of Civil Procedure.
Section 57 grants appellate jurisdiction over causes arising in justices and other inferior courts within their provinces.
Section 58 requires the Commission to appoint a clerk for each provincial Court of First Instance, holding office during the judge’s pleasure, removable and replaceable by the judge from a Civil Service Board eligible list, receiving $1,200 per year (unless altered by law), with fees belonging to the Government; it also allows assistants with salaries fixed by Supreme Court judges after Chief Executive approval.
Section 58 allows each Court of First Instance clerk to appoint and remove his deputy, paid out of the clerk’s salary unless the deputy is an assistant duly authorized as in that section.
Section 59 requires clerk bonding in a penal sum of $4,000 approved by the judge, recorded in the Insular Treasurer’s books, kept on file, and available for parties in interest.
Section 60 requires the Commission to appoint a Court of First Instance clerk and assistant clerk in Manila with salaries of $2,000 and $1,600 per year respectively, fees belonging to Government, with deputies paid from the clerk’s salary; it requires a clerk bond of $6,000, and makes the clerk answerable on his bond for defaults of deputies and assistants.
Section 61 designates the officer to serve Court of First Instance processes and enforce good order:
- governor or deputy of the province where the court is held;
- in Manila, the sheriff or deputy.
Section 62 establishes the provincial fiscal as an officer representing provincial and Insular Governments in his province in actions or prosecutions in a Court of First Instance, subject to court directions in official matters pending.
Section 63 provides that Court of First Instance judges are allowed actual traveling expenses for travel to and from their residences to other provinces on court business or to attend sessions, but excludes subsistence allowances.
Section 64 transfers all records, books, papers, actions, proceedings, and appeals pending in existing Courts of First Instance to the newly established Court of First Instance for the province, which assumes the same power and jurisdiction as if originally filed there.
Section 65 abolishes existing Courts of First Instance and substitutes Courts of First Instance provided by this Act.

Justice of the peace courts and limits

Section 66 requires courts of justice of the peace:
- recognizes and continues existing courts established by military orders since August 13, 1898, with the justices holding office during the Commission’s pleasure;
- establishes courts of justice of the peace in every municipality within provinces with a Court of First Instance where municipalities are organized under the Municipal Code, or where the municipality is operating as such when the Act takes effect under the Municipal Code.
Section 67 provides that justices of the peace are appointed by the Commission, hold office during its pleasure, and are appointed from lists nominated by provincial boards for each province for the municipalities within it.
Section 68 grants justice of the peace original jurisdiction over:
- misdemeanors and offenses within the municipality where the sentence may not exceed six months’ imprisonment or a fine of $100;
- civil actions triable within the municipality not within the Court of First Instance jurisdiction where the demand (exclusive of interest) or value of property in controversy is less than $300.
Section 68 provides that justices of the peace have jurisdiction over actions for forcible entry into and detainer of real estate irrespective of amount.
Section 68 grants concurrent civil jurisdiction (between justice of the peace and Court of First Instance) where the demand/value is $100 or more but less than $300, within the same municipality.
Section 68 limits justice of the peace civil jurisdiction by excluding cases where the subject of litigation is not capable of pecuniary estimation, and excluding cases involving title to or possession of real estate or interest therein, legality of a tax/impost/assessment, admiralty/maritime jurisdiction, probate matters, appointment of guardians, trustees, and receivers, and actions for annulment of marriage; it preserves jurisdiction over forcible entry and detainer of lands or buildings conferred on justice of the peace.
Section 69 continues existing Manila justice courts as organized with the same jurisdiction until special provisions are made for inferior civil and criminal tribunals for Manila.
Section 70 allows each justice of the peace to act as his own clerk or appoint a clerk, and if necessary appoint other clerical assistants and bailiffs at his own expense.
Section 71 prohibits salaries or allowances for justices of the peace and provides a fee structure:
- $3 pesos fee for each action civil or criminal tried;
- in cases of nonsuit or default, the justice receives one-half of that fee.
Section 71 requires fee and cost payment rules:
- in civil actions, the successful party pays and fees are taxed as part of costs against the defeated party;
- in criminal actions, the municipality pays the fee and it is taxed as costs against defendant if convicted and sentenced to pay costs.
Section 71 requires fines and costs collected in criminal prosecutions during any month to be paid into the municipal treasury on the first day of the succeeding month, accompanied by a detailed statement of fines, costs, and fees accruing from the municipal treasury during the same period; the account is audited by the municipal president and treasurer and the justice receives the allowed fees after audit.
Section 71 requires auditors to examine justice records and any other papers or persons deemed necessary; if auditors find needless prosecutions instituted to enhance fees, they must report