Pedro Hurtado Desquibel
An act decreeing that cases of twenty pesos or less shall not be brought to trial; and that the notary shall not take a larger fee than one-half peso from each party.
In the city of Manila, on the twenty-first day of the month of January, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia and Chancillería of the Philipinas Islands declared that, whereas so many suits involving twenty pesos or less are wont to be begun, and as much time is consumed therein as if they were affairs of greater magnitude, whence there results to the parties concerned great harm and damage by reason of the great cost and expense wasted therein, beside the long and tedious delays in the collection of their debts: therefore, to remedy that, they agreed and ordered that, now and henceforth, no trial shall be made of cases amounting to twenty pesos or less, unless they are briefly and summarily disposed of; and that the notary before whom they are brought shall not take for his fee more than four reals only from each party, even if they make many investigations in the matter—under penalty that all that they take above that sum they shall return to the parties concerned, together with four times as much for his Majesty's treasury. By this act they so provided, ordered, and decreed; and the notaries whom its fulfilment concerns shall be notified.
Before me:
Pedro Hurtado Desquibel
An act concerning the order that the alcaldes-mayor are to follow in trying Indian suits.
In the city of Manila, on the twenty-first of January, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia of these Philipinas Islands declared that, whereas his Majesty has ordered, in his royal decrees and ordinances, that the suits of the Indians shall be treated summarily, and that processes issued within the limit of the law shall not be so conducted that the said Indians waste their substance by incurring too heavy costs: therefore, in order that the royal will of the king our sovereign might be exactly fulfilled, they resolved and ordered that the alcaldes-in-ordinary and the alcaldes-mayor and other magistrates and notaries, in suits of the Indians, shall observe their instructions and the following articles.
First, when any Indian—whether man or woman—shall enter suit for liberty, or any other matter, against another Indian without giving a traslado, [3] the said magistrate shall order the Indian sued to appear before him and take oath as to the truth of the demands of the plaintiff. If he shall confess it, justice shall be done by settling the case; and if he deny it, the case shall be reserved for evidence within a short time, with obligation for publication and conclusion. The said magistrates shall order that, as soon as both parties name their witnesses, the latter shall be brought into court, and an oath taken from them to tell the truth, and they shall cause them to tell by word of mouth what they know. After they have thus testified, the substance of their depositions shall be recorded, in this form: "So and so of such an age, capable or incapable as a witness, said so and so under oath;" and the same shall be done with the other witnesses in the same order. The evidences of both parties being taken, and the time-limit having expired, a just finding shall be determined. If either of the parties appeal, the alcaldes-mayor shall hear them in the court of appeals; and the witnesses named by either party shall be subpoenaed, and shall give their evidence in the same form as set forth above, the case being admitted to trial within a short time, with obligation for publication and conclusion—at the expiration of which the process shall be sent to this royal Audiencia to be settled, the original parties being summoned for all trials, the time and place being appointed by the court.
Second. Item: If the suit be a criminal suit, the complaint and charge shall be received. If there is guilt, the person shall be arrested, and the prisoner's declaration taken. The charge shall be formulated against him, and the case admitted to trial within a short period, with obligation for publication and conclusion; and within the probatory limit the testimonies given in the preliminary process shall be verified, other new ones received, if there be any, and the defendant's plea taken. The time having expired, the case shall be decided. If any of the parties shall appeal, the original process shall be sent to the Audiencia; because in this way the said natives will avoid heavy expense and cost, and the cases will be more quickly decided. In criminal cases, no other form of process shall be used than that which is appointed for civil cases.
Third. Item: If the suit be to the amount of three pesos, or less, the judgment shall be so summary that only the substance of the whole matter is to be written, together with the decision, in a report. The original shall be retained by the notary, and if either of the parties shall desire an authenticated copy, it shall be given them as a safeguard of their rights. And in suits for the said amount, only one real, and no more, may be collected between judge and notary.