This is our opinion, but we will give place to any other that is better founded.
Madrid, October 29, 1890.
Doctor E. Montero Rios
Doctor German Gamazo
L. A. Maura
[1] See ante, pp. 132, 133, also pp. 163–165, note 81. [↑]
[2] Concerning this court, the first report of the Philippine Taft Commission, Historical resumé of the administration of justice in the Philippine Islands, by Cayetano S. Arellano, chief justice of the supreme court, pp. 228–230, says: “This court—in English, Contentious Court—arose from the establishment of a council of administration in these islands under the provisions of a royal decree of July 4, 1861, which surrounded the governor-general of these islands, who was president of the court, with prominent men who advised him by their votes on consultation. This contentious court consisted of three officials of judiciary, the president and two magistrates appointed by turn among those constituting the personnel of the Audiencia, with the exception of the presidents of the branches and two officials of the administration, who were known as the administrative magistrates; subsequently, by royal decree of the third of June, 1866, the court was reduced to a president and three magistrates. This court took cognizance of suits brought by private persons against the State, whenever they were litigated. Complaints of private individuals against the administration of the State, if not subject to litigation, could, after presentation of appeals to the governor-general of the islands, be taken upon a recourse of complaint to the colonial office in Spain if no relief was obtained under the decision of the governor-general.” A decree of February 7, 1869, provided that the “contentious administrative jurisdiction, which was exercised by the councils of administration of the provinces of the colonies should in the future rest in the territorial audiencias of those provinces; that, for the exercise of this jurisdiction, there should be organized in each Audiencia, as is done here, a department composed of the president of the same and the two presidents of the branches, the representative of the State being the attorney-general. The theory upon which the former organization of this contentious administrative tribunal rested was the administration of the State in respect to its litigation with subjects. The judge-advocate was both judge and litigant at the same time. However, the decree of the seventh of February, 1869, inspired by the principles proclaimed by the revolution, was that these questions should be decided in the same manner as any other issue between private individuals. These suits, as has been seen, were brought in first instance before the Audiencia of the territory; consequently, appeals in second instance lay before the supreme court of justice of Spain. But by the other theory the first instance pertained to the contentious tribunal of the council of administration, and second instance of the council of State of Spain, to which appeals might be taken against decisions of the former court. But this reform, well received, both in Spain and in the colonies, was of short duration, for one of the first acts of the government of the monarchical restoration was the reëstablishment of the contentious court in the same form in which it had existed prior to the reform of the royal decree of the nineteenth of March, 1875.” This court lasted until the end of the Spanish régime.
Act 136, enacted by the Philippine Commission June 11, 1901, and in effect since June 16, 1901, provides for the organization of courts in the Philippines. Article 38 of that act reads as follows: “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 tribunal called ‘Contencioso administrativo’ are transferred to the Supreme Court above provided for, which has the same power and jurisdiction over them as if they had been in the first instance lodged, filed or pending therein, or, in case of appeal, appealed thereto.” See Public Laws and Resolutions of the U. S. Philippine Commission, for quarter ending August 31, 1901. [↑]
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