The paying of regular salaries and the furnishing of necessary offices and supplies have done much to improve the work of justice of the peace courts, which are now presided over by men who average far better than even their immediate predecessors.
Until they were put on a salary basis the work of the Filipino justices of the peace left much more to be desired than is lacking at present. In many instances they allowed gross brutalities, perpetrated by the rich on the poor, or by the strong on the weak, to go unpunished. The following case furnished me by an American teacher is typical of what has occurred only too often:—
“On another occasion, I met the brother of my house muchacha,[2] a boy about eight. He had a sort of protuberance on one side caused by broken ribs which had not been set. I questioned my muchacha. She said her step-father had kicked the child across the room some weeks before and broken his ribs. The next day, I took the child together with Señora Bayot, the wife of the Governor’s secretary, before the local Justice of the Peace. Señora Bayot translated and the child told the same story as had his sister. The Justice of the Peace issued an order for the step-father to report to him on the next day. That night my muchacha told me that her step-father had threatened to kill the child if he did not tell the Justice that he got the hurt by falling out of an orange tree. The child did as ordered, and the step-father was dismissed. When I questioned the Justice of the Peace as to why he credited the second tale, he said the child was under oath then, and was not under oath in the first statements.”
It was not deemed wise at the outset to appoint a Filipino judge for the city of Manila, as it was feared that there would be a lack of confidence in a Filipino who had occasion to decide cases involving large sums of money in which Americans or foreigners on the one hand and Filipinos on the other were interested; but a few years after 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.
University Hall, Manila
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 régime 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.