l disputed in
cultured Europa and the civilized English have not dared to banish
the rod from their military code. The first thing which is seen in
the hut of any Filipino is the rattan for bringing up their children,
and whoever has been in the country for some years thinks that all
the provinces would be most tranquil and free from highwaymen if less
papers were written and more beatings given.
There are over 80 advocates in Filipinas. The majority have
studied in Manila in the same manner as they did a century ago in
Espana. It might be said that they belong to the casuist school. The
preparation for any lawsuit is consequential and the superfluous
writs innumerable, as our system has always been to open all the
doors to the innocence of the natives; and many of the advocates
are of that same class or are Chinese mestizos. The language which
they use is often indecorous, bold, lacking in purity and idiom,
and even in grammatical construction. The Audiencia endures it as it
is the old style custom, for in times past there were few advocates
capable of explaining themselves better. The Filipinos believe that
composed and moderate writs can have no effect at court, and they
are only contented with those which are full of invective, reticence,
interrogation, and exclamation.
Since the alcaldes of the first instance are laymen, they have to
appoint an assessor and very often when one party sees that his suit
is badly prepared, he challenges the assessor even three times. It is
an abusive matter, and to the prejudice of justice, for in case of
challenge of the assessor, that ought to be done at the moment that
he is notified of his appointment, and not after seeing that which
is not favorable to him, and that judgment is near.
The Leyes de Indias, compiled in 1754, and all the previous decrees
and royal orders before that time still rule in Filipinas, in addition
to the decrees and edicts of the governor-general. Of all this there
is nothing, or very little, printed. The advocates generally know
the laws in force by tradition and hear-say, but when they need any
of the laws they have to look for it in the house of some friend,
or, if not that, in the secretary's office of the government, whence
very frequently it has disappeared, or in the office of the fiscal, or
that of the intendant; because some orders are communicated by grace
and justice, and others by the treasury or by other ministries. He
who has no relativ
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