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the establishment of the new judicial system Filipino judges had won
such a reputation for justice and fairness as to gain the confidence
of Americans and foreigners and the appointment of a Filipino judge
for the court of the city of Manila did not arouse any opposition.
Filipino judges of courts of first instance seem usually to have
been actuated by a desire to do full justice. The instances in which
complaints have been made against them because of partiality to party
or to race are few. Some of them have been justly criticised for
tardiness in cleaning up their dockets, and it is undoubtedly true
that their capacity for turning out work is on the average below that
of their Americans associates.
The fact must not be forgotten that Americans are in the majority
in the Supreme Court, which reviews the decisions of courts of first
instance, and this undoubtedly exercises a restraining influence. It
is not possible accurately to judge what would be the actions of a
body of men now subject to such control if it did not exist. It is
furthermore true that the Filipinos are more inclined to be suspicious
of their own countrymen than of Americans, and there have been from
time to time specific requests from them that judges in certain
provinces be Americans.
Under the Spanish regime the fees paid by litigants were excessive
and the use of stamped paper was compulsory. Its value ranged from
twenty-five centavos to two pesos for a folio of two sheets according
to the amount involved in the suit. Now there are fixed fees of $8
in civil suits, except in probate matters, where the fee is $12.
It was in the power of an unscrupulous litigant to make a lawsuit
almost eternal. In matters involving an amount exceeding $250 it was
lawful to institute proceedings in the action whereby the decision of
the main issue was suspended pending decision of the proceedings, and
as a decision was appealable to the _audiencia_, this was often done
by attorneys who had an interest in delaying the suit. By instituting
one proceeding after another a suit could be indefinitely prolonged.
Another method of securing delay was to object to the judge. In
case the judge denied the ground of the objection, a proceeding was
instituted against him and the trial of the main issue was turned over
to another judge; although the proceeding arising out of the objection
did not suspend the trial of the main issue, when the time came to
decide the l
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