Crime, State, Society in Late Colonial Philippines, 1900-1935. Part II

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REPORT # 1 (cont.1.2)

AN ANNOTATED BIBLIOGRAPHYOVER CONTEMPORARY PRIMARY ANDSECONDARY SOURCES

CRIME, STATE & SOCIETY IN LATE COLONIALPHILIPPINES UNDER US OCCUPATION, 1900-1935

1. PRIMARY SOURCES

1.2. Census of the Philippine Islands (CPI), 1903/1918 & CPIBulletins, 1903

Year/vol Content Relevance1903 CPI/Vol 1 Geography, History,

& Population

Introduction -Authority for and scope of census

-plan and organisation-appointment and instruction of

census supervisors and enumerators-enumeration of Christian and non-

Christian tribes

-results of census-results of geography and history of

the Philippines

-some significant facts concerning population, agriculture, education,

mortality, social statistics andmanufactures

-possible future effects of census

Geography -Physical formation (situation and

characteristics of archipelago,

harbors, area, mountains and rivers,fauna and flora, forests, mineralresources)

-Climate (influences affectingclimatological conditions,

temperature, water vapor,movement of atmosphere

-Volcanoes and seismic centers(situation and nature of archipelago,

active and dormant volcanoes,historical geology, earthquakes,

observation of seismic disturbances,volcanoes and earthquakes in

Mindanao and Visayas, in



southeastern, central, and northern

Luzon, relative frequency of earthquakes

-Elevations (alphabetical list of principal elevations of PI)

-Islands of of Philippine archipelago

(summary of islands of PI -total area of PI, islands with are >100 sq miles

History

De Tavera Pardo T H

I. Discovery and Progress

-Settlement and early history

-Immigration of Chinese-Later History

-Slavery

-Local government-the power of monastic orders

-Commerce and revenues-Shipping

-Insular Trade-Revenues

-Government-Emancipation from Spain

II.The Judiciary

-Early government-Oppression

-Courts of First Instance (CFI)-Justices of the Peace or Municipal

Courts-Special Courts

Population

Barrows, David P

I.History of the Population

-Christian or civilised tribes

-non-Christian tribes-Chinese and other foreign elementdin Filipino races

II.Characteristics of Civilised or Christian tribes

-Extracts of early narratives and

reports-Comments on recent translations of

clergymen-Opinions of some of the American

Goverors and supervisors-Governor Taft’s decription of

Filipino traits and customs

III.Characteristics of non-Christiantribes

-Negritos-Igorots

-Ilongots-Mangyans

-Tagbanuas-Suabanons

-Bilans-Bagobos and Mandayas

-Moros

-comparative population statistics

1991,1735, 1800, 1845, 1903

-nominal table over non-Christiantribes

-Igorot population data

Appendices I.An Act (467) to provide for taking

a census of the Philippine Islands;

62



An Act (486) to amend census act

-other amendements to census act

II. Organisation of PhilippineCensus (corresponding names of

employees: director, asst directors,

secretaries, chief clerks, disbursingofficers, american clerks in office of

director, special agents, native

clerks. Messengers and laborers,officers of supervisors’ districts

1903 CPI/Vol 2 Population

Analysis of returns:-Form of schedule

-Method of tabulation-Former censuses and estimates

-Comparison with population of other countries

-Density-Center of Population

-Distribution of Population-Classification of Population by

birthplace, color, sex, and conjugalcondition

-Literacy-School attendance

-Occupations

-sample of schedules + diagram of

keyboard punch card-summary of statistics (total, by ex,

birthplace, color, tribes, age,conjugal condition, literacy,

occupation-comparative summary table

ofprovincial population (civilised &wild)

-population censuses (total pop)1591-1903

-comparative population stat. (Javavs PI); comparative data on pop and

% annual increase in 19 countries-population densities in provinces

(pop/sq mile)-comparative pop density of various

countries

-population of foreign born (Mla & provinces)

-q municipalities with persons of

foreign birth-proportion of population by color

in provinces-civilised/wild population & % of

total-proportion of males/females to total

christian population, proportion of each sex among the brown people,

comparative figures from other countries, provinces with excess of

males and females respectively-comparative age distribution (PI,

US, Cuba, Porto Rico), proportionof children under 10 yrs of age by

province, proportion school ageditto, proportion males of voting

age, persons over 65

-conjugal statistics (single, proportion of male/femal among

single, among white and yellow

peoples, porportion of single to total-proportion of married to total +

comparative intl figures-literacy statistics & comparative

figures, by sex

63



-occupational statistics (%

male/female gainfully employed inPI, US, Porto Rico & Cuba = NB

30% highest rate of womenemployed in PI!!; rate of employed

to total by age group, proportionof

wage and nonwage earners to total pop, comparative data for 5

occupational groups: agriculture,

professional, domestic/service,trade/transport, manufacturing in

US, PI & Cuba; proportion of male/female in 5 groups; by age

group; diasaggregated data onvarious wage occupations, p 115; by

race-62 general tables (provincial data

for main categories designated)

1903 CPI/Vol 3 Mortality, Defective Classes,

Education, Families andDwellings

Mortality -Form of schedule-Summary of statistics

-Discussion of earlier records-Deaths in 1902

-Classification of deaths-General tables

-summary of statistics (total deaths

by sex, nativity, color, conjugalcondition, age group, principal

causes of death, principaloccupations, month of death, 1902-

03)-death rate and related variables,

Mla-degrees of reliability of earlier

records 1876-1898 + provincial

breakdowns for corresponding yearsDefective Classes -Summary

-Insane

-Blind-Deaf

-Deaf and Dumb-General Tables

-summary data defective classesdistribution by sex and defective

conditions; proportion defectiveclass to total

-provincial statistics

Education I.Education under Spanish rule (delRosario Tomas)

-establishment of public instruction-secondary instruction

-superior instruction-recapitulation

II.Under the Americans

-School system prior to Americanoccupation

-schools under military adminis-tration

-school system under PhilippineCommission

-purposes of the work undertaken inPhilippines

-interesting particulars of theeducational system

III.Schools

-Schedule

-primary schools in PI 1866, 1892-enrollments and graduations 1885-

86

64



-Summary of statistics

-classification of schools-school buildings

-teachers, pupils-filipino students to US

-sources of revenue

-expenditures

-summary statistics: q schools

primary. Secondary, superior (public, private, religious), school

buildings (nipa, durable, owned,rented)

Families & Dwellings -Families

-Dwellings

-Tenure-General tables

-Summary statistics

1903 CPI/Vol 4 Agriculture, Social and Industrial

Statistics

Agriculture I.Products of Archipelago

-Importance and extent-Mla Hemp or Abaca

-Sugar -Tobacco

-Coconut-Rice

-Indigo-Dyewoods

-Cacao-Miscellaneous products

-Domestic Animals-Fruits, vegetables and fiber plants

II.Returns of the Census

-the schedule-collection and tabulationof data

-agricultural lands

-number and size of farms-farm area-color of farmer and tenure

-comparison of cultivated areas, byyears

-products-domestic animals

-general tables

-Value of principal agricultural and

other exports from PI 1854-1902 %of total value

-corresponding tables

(see i.a. area and average size of

farms and other parcels of land used

for agriculture, classified by tenure, province and commandancias

Social Statistics I.Schedule

II.Newspapers and periodicals

-early censorship of the press-newspapers in 1902

-tables

III.Proprty values and taxes-general statement

-relative values and taxes, by provinces and comandancias

IV.Public Libraries

-advisability of establishing puliclibraries

-number of libraries

V.Hospitals-Reasons for inadequate facilities

-4 principal hospitals

-Q newspapers and periodicals by place of publication and language

-value of property and amount of taxes paid 1902, by province

-public civil hospitals, q patientstreated and most common diseases,

by province and municipality 1902

65



-Number of hospitals and patients

VI.Churches

-Relative importance od Catholicand Protestant churches

-Number, value and capacity of

churches

VII.Pauperism

VIII.Criminals and Prisons-Number and nativity of convicts

-most common crimes-penitentiaries

-Bilibid prison

IX. Labor and Wages

-Causes of scarcity of laborers-the Filipinos as laborer

-Wage tables

X.Systems of measurement-metric system

-lsit of weights and measures

-q paupers by province or

commandancia

-convicts and prisoners, by province, general nativity

-q prisoners commited and released1902

-class of crimes-prisoners’ length of sentence,

educational condition, sex, age, raceand conjugal condition, occupations

-daily and monthly wages paid in

certain occupations

Manufactures I.Development and Progress-aptitude of people

-reasons for lack of enterprise

-conditions in 1810-principal articles manufactured

Fisheries-importance of industry, pearl

fisheries, moro fishing

Currency and banking

-monetary standard

-ratio between American andMexican currency

-Number of banks-Spanish Filipino banks

-banking statistics

-q and values of pina, jusi and

sinamay exported; hats

-provinces ranked according to:total value of products (%capital,

employees, cost of materials, valueof products), average value of

production per establishment-industries in the order of

importance (q establishments,capital, total q employees, total

monthly average wage, cost of materials purchased, value of

product)-relative importance of provinces in

PI according to number of differentindustries in each province

66



InsuranceI.Fire and marine

-list of companies and kind of property each insures

-rates

-general tables

Commerce and Transportation

I.Commerce-early restrictions

-customs duties-tables showing growth of

commerce-foreign and interisland shipping

facilitiesII.Transportation

-conditions of roads-means of transportation

-steam railroads-Benguet electric railway

-street railwaysIII.Telegraphic lines

IV.Express companies

1903/CPI Bulletin 1 Population of the Philippines

-Introductory note (Sanger) -total population calssified ascivilised and wild, by provinces and

commandancias-total population, classified as

civilised and wild, by islands-civilised population of provinces

and commandancias, by

municipalities-civilised population of provinces

and commandancias, by

municipalities and barrios

1903/CPI Bulletin 2Algue, Jose Rev.

The Climate of the Philippines

-Introductory note See CPI 1903/Vol 1, Geography

1903/CPI Bulletin 3Masó Saderra M Rev S.J.

Volcanoes and Seismic Centers

-Introductory note Ibid.

1918Ignacio, Villamor Director, Census

Report of the Director of the

Census to Governor General of PI

-census personnel, organisation,execution, problems

-divisions:

a.administrative

b.division of forms and archivesc.property division

d.accounting divisione.compilation division

f.computation divisiong.statistical division

h.translating and proof-readingdivision

-tabulation on changes in census personnel (due to resignation,

incapacity, sickness, deaths,

absence)

-data on correspondence andappointments

-q employees in Central Office anddistribution

-distribution of employees by province

-distribution of employees inadministrative division by age

-financial condition of census

1918 CPI/Bulletin 1

Villamor, IgnacioDirector, Census

Organisation of the Census of

1918

-Census districts 1-5 -names and ranks

67



--provincial advisory census board

--municipal advisory census boards--special agents

--enumeration districts andenumerators

1918 CPI/Vol 1

selected extracts

Geography, History and

Climatology

Introduction

-Authority for and scope of census

-proclamation of governor general-plan for taking of census

-assembly of census inspectors in

Mla-instructions to enumerators and

difficulties in enumeration of non-Christian Filipinos

-organisation of census office byhigh gov officials

-permanency of census office-scientific contributions to census

-altas of Philippines withgeographical sketches and historical

accounts-weather and climate of Phil.

-results of census regarding population, agriculture, education,

mortality, social statistics,manufactures, and household

industries-indications of prosperity and social

progress

-usefulness and necessity of censusdata for constructive measures

Geographical sketches of provinces(selected extracts)

-Albay (geography, historicalaccount)

-Bataan (ibid)-Batangas (ibid)

-Bohol (ibid)-Bulacan (ibid)

-Cagayan (ibid)-Cavite (ibid)

-City of Manila (ibid)-Iloilo (ibid)

-Isabela (ibid)-Laguna (ibid)

-Nueva Ecija (ibid)-Negros Occidental (ibid)

-Negros Oriental (ibid)

-Pampanga (ibid)-Rizal (ibid)

-Samar (ibid)

-Tayabas (ibid)

Preface to list of geographic names

-summary vital statistics

-ibid-ibid

-ibid-ibid

-ibid-ibid

-ibid-ibid

-ibid-ibid

-ibid-ibid

-ibid

-ibid-ibid

-ibid

-ibid

1918 CPI/Vol 2 Population and Mortality

68



PopulationVillamor, IgnacioDirector, Census

I.Schedules 1 and 8

II.Census 1918 and former censusesIII.Density of population

IV.RaceV.Sex

VI.Civil Status

VII.InstructionIX.Literacy

X.Age

XII.OccupationsXII.Defective Classes

XIII.Families and Dwellings

The non-Christian peoplesI.Pygmies (racial affinities, general

characteristics, geographicaldistribution)

II.Indonesians (ibid)III.Malays (A.pagan Malays:

Tinggians, Bontoks, Igorots,Ifugaos; B.Mohammedan Malays:

historical background, generalculture groups, the groups.

Mortality Statistics

I.Schedule (the form)II.Progress of vital statistics

-registers in early days-the Phil Revolution and the vital

statistics

-the present statistical officeIII.General death rates

IV.Summary of results

V.Comparative mortality rates

VI.Mortality of employees in civil

serviceVII.Influence of tropical climate

Summary of statistics

-total population Schedules 1 & 8-nativity, gender, race, citizenship,

religion, age group, civil status,instruction, occupation, families,

dwellings, defectives

-% increase/decrease in pop/ province

-relative importance of provinces

according to pop-christian pop and q + % increase

between censuses, 1877, 1887,1903, 1918

-comparative data on area and population of other countries

-total and provincial pop, tot areasand pop/sq mile

-distribution of foreign residents inMla + provincial data

-gender, gender to race, to nativity,to citizenship, to province

-civil status (single, married,consensually married, widowers &

widows) 1903/18 + % increase-religious affiliation & gender

-literacy & school statistics-age groups & gender, % of total

-occupations (groups of occupations

= 5 classes: agric, professional,

domestic/services, trade/transport,manufacturing) by gender

-defective classes (insane, blind,

deaf, deaf-mute, invalid): total,gender, difference of defectives1903/18, classification in order of

importance, gender -families and dwellings: average q

for each, total q, 1903/18; by province

General Tables 1-46

-mortality rates 1904-1918, trend of

mortality

-deaths by nationality, by sex, byage, marital condition, months of

occurrence, age and cause of death, by month and cause of death

-rise of mortality rates-comparative death scale (oriental,

Anglo-Saxon, Latin)-mortality of employees, Americans

& Filipinos 1914-18

69



1918 CPI/Vol 3Buencamino, Felipe SrDirector

Agriculture, Medicinal Plants,

Forests Lands and Proper Diet

Agriculture-inclusion of statistics on agriculture

in the census

-schedule-lands of PI in general

-other classification of farms by

area etc-plants, cattle, poultry

-resume-General tables

-medicinal plants-forests

-public lands-considerations on a proper diet

Medicinal Plants

Philippine Forests

Public Lands

-brief sketch of the law on thedisposition of public lands

Considerations on a Proper Diet

-the proper diet

-q farms, area in hectares, hectares

under cultivation

-tables 1-82

-tables 1-19

70



1918 CPI/Vol 4Buencamino, FelipeDirector, Census

Social and Judicial Statistics,

Manufactures, and Household

Industries

Part I.Social Statistics

-Schedule # 5 Social statistics

-publications (periodicals, booksand pamphlets

-libraries (public, semi-public)

-free dispensaries, centers for careof children and charitable

institutions-hospitals, sanatoriums, patients

registered in 1918, and mostcommon diseases

-agricultural credit cooperativeassociations

-clubs and civic associations-churches

-pauperism-wages

-real property

Part II. Judicial Statistics(Villamor, Ignacio)

-Schedule--same as 1907-1913: 11 groups of

crimes penalised by Penal Code and

Acts of Phil Commission and Phil

Legislature:1.Crimes against state

2.against public order

3.falsification and forgery4.against reputation5.against persons

6.gainst property7.against public morals

8.committed by oublic officials inthe exercise of their duties

9.against personal liberty andsecurity

10. against public health11.miscellaneous crimes;

--against above classes of crimes the

following vairables wereenumerated:

-cases (filed, dismissed, decided,

pending, appealed)-sex

-conjugal condition

-age-instruction

-place-in state of intoxication

-recidivism-period of commission of crimes

-decision of court (dismissal,acquittal, conviction, cases pending)

-sentence

-Social statistics: General tables 1-

19 on the 10 major subheadings

under part I on social statistics. See particularly:

-q paupers by province

-average value of daily wages inmost common trades, by provinces

-assessed value of real property, andtheir taxes, by provinces

-statement of revenue collectionsand expenditures of provincial

governments-consolidated income and

expenditures of the Philippine gov.

Judicial statistics: General Tables 1-104: see specially the ff:

-condition of criminal dockets of

different CFIs

-registered q of accused in CFI

-tables 3-14: q persons accused of offenses in each of noted 11

categories of crime (NB errrant

public officials, Table 6)-regional and provincial breakdownof cases according to criminal

category-natinoality of accused

-sex of accused-age of accused

-q witnesses summoned and thosewho appeared to testify in criminal

cases before CFI-condition of civil dockets of several

CFI-condition of criminal docket of SC

-classification of appelantsaccording to judgements of of CFI

-amount stolen in different

municipalities according to cases of theft filed in jutice of peace courts

-amount obtained by swindling in

several municipalities according tocases of swindling filed in justice of

peace courts-q preliminary investigations made

by justice of peace courts-sex, nationality, age, occupation of

prinsoners confined in insular and provincial jails

-crimes committed by prisoners-duration of imprisonment

71



1.3. Penal Code (PC) 1904, 1911, 1932

1904/An Act Providing a PenalCode in the Philippine Islands,A Law Proposed to be

Enacted by the PhilippineCommission

1911/The Penal Code of thePhilippine Islands

1932/An Act Revising thePenal Code and other PenalLaws: “The Revised Penal

Code.”

Part I. Crimes and Punishments

Title I.General Provisions

1.Preliminary provisions anddefinitions

2.Crimes and misdemeanors3.Persons liable for crimes and

misdemeanors4.Civil liability for crimes and

misdemeanor 5.Circumstances which exempt

from criminal liaility

6.Penalties and their execution ingeneral

7.Extinction of criminal liability

Title II.Offenses against the State

8.Treason, rebellion, sedition9.Offenses against the executive

power 10.offenses against trhe legislative

power

11.offenses against the judicial power 12.offenses against the elective

franchise13.offenses against public officials

14.falsification of official seals andsignatures

15.counterfeiting of money16counterfeiting of instruments of

credit, bank notes, postage stamps,and other stamped articles whose

sale is reserved to the state

17.falsification of public documents

18.false swearing and denunciation19faithlessness in the custody of

prisoners and jail delivery20.faithlesseness in the custody of

documents21.disobedience and refusal of

cooperation and abandonment of office

22.misappropriation of public funds23.offenses of lawyers

24.unauthorised sale, purchase, or possession of firearms, ammunition,

or explosives

25.offenses against the postalservice

Book I: General Provisions

regarding felonies and misdemeanors, the persons liable,

and the penalties

Title I: Felonies and misdemeanors,and the circumstances which

exempt from, mitigate, or aggravatecriminal liability

1.felonies and misdemeanors2.circumstances which exempt from

criminal liability

3.circumstances which mitigatecriminal liability

4. circumstances which aggravate

criminal liability5.provisions common to the two

preceding chapters

Title II.Perons liable for feloniesand misdemeanors

1.persons criminally liable for

felonies and misdemeanors2.persons civilly liable for feloniesand misdemeanors

Title III.Penalties

1.penalties in general2.classification of penalties

3.duration and effect of penalties-duration of penalties

-effects of penalties according torespective character

-penalties in which other accessory

penalties are inherent

4.applicationof penalties-rules for application of penalties to

principals in a consummated,frustrated, or attempted crime; and

to accomplices and accessories-rules for application of penalties

with regard to mitigating andaggravating circumstances

-provisions common to last two preceding sections

5.Execution and service of penalties-general provisions

-principal penalties

-accessory penalties

Title IV.Civil Liability

Preface (Mariano A Albert, see also

his “The Law on Crimes,” 1924):describes the slow process of

revising the old Spanish Penal Codeof 1887, which had defied revision

until 1932.

Book I.General Provisionsregarding date of enforcement and

application of provisions of thiscode, and regarding the offenses, the

persons liable and the penalties

Article 1.Time when act takes effect

Notes & comments:

-historical sketch-criminal law defined (power to

define and punish crimes)-characteristics of criminal law

-rules of construction-repeal of penal laws (effect of

repeal of penal laws in general; and

of the repeal of the repealingstatute)

Art. 2.Application of provisions

Title I (or Chapter I?)Felonies andcircumstances which affect criminal

liability

Art. 31.felonies

Art. 4. Criminal liability

Art. 5.Duty of court in connectionwith acts which should be repressed

but which are not covered by thelaw, and in cases of excessive

penalties.Art. 6.Consummated, frustrated, and

attempted feloniesArticle 7.When light felonies are

punishableArt. 8.Conspiracy and proposal to

commit felonyArt. 9.Grave felonies and light

felonies

Article 10.Offenses not subject tothe provisions of this Code

72



Title III.Offenses against Persons

26.Homicide27.infanticide and abortion

28.duelling and prize fighting29.assaults with intent to kill or

commit other serious offenses

30.assault and battery31.sequestration and illegal

detention

32.abandonment and neglect of children

33.threats and acts of compulsion34.rape, seduction, and abduction

35.adultery36.offenses against morality and

decency37.illegal marriage

38.offenses against the civil statusof persons

39.libel and slander

Title IV.Offenses against Property40.housebreaking and other

unlawful entry41.robbery and usurpation

42.brigandage43.piracy and other offenses upon

the high seas

44.revelation of secrets

45.extortion46.larceny

47.embezzlement

48.false pretenses and cheats49.fraudulent bankruptcy50.frauds in the organisation or

management of corporations and partnerships

51.fraudulent issue of documents of title to merchandise

52.falsification of seals, marks,documents, and signatures of other

than public officials and unfair competition

53.false weights and measures54.arson and other malicious

destruction of property55.malicious mischief to property

Title V.Offenses against PublicWelfare

56.gambling

57.offenses against public healthand safety

58.violating sepulture and theremains of the dead

59.unlawful combinations andmonopolies

60.vagrancy

Part II.Criminal Procedure

Title V.Penalties incurred by thosewho evade service of sentence and

those who, while serving sentence,commit some other crime..

1.penalties incurred by those who

evade service of sentence2.penalties incurred by those who,

after having been convicted by final

judgement, which has not beenserved, or while serving such

sentence commit another offense

VI.Extinction of criminal liability

Book II.Crimes and Penalties

Title I.Crimes against the externalsecurity of the state

-crimes of treason-crimes that endanger the peace or

independence of the state-crimes against international law

-crimes of piracy-general provisions

Title II.Crimes against the

fundamental laws of the state

1.crimes of “Lese majesté, against

the cortes, the council of ministers,and against the form of

government..

-crimes of Lése majesté-crimes against the cortes and itsmembers and against the council of

ministers-crimes against the form of

government-provisions common to the three

preceding sections2.Crimes committed on the occasion

of the exercise of the rightsguaranteed by the fundamental laws

of the state-crimes committed by private

individuals-crimes committed by public

officials

-crimes against religion and worship-provisions common to the last three

preceding sections

Title III.Crimes against public order

1.rebellion2.sedition

3.provisions comon to the two next preceding chapters

4.assaults upon person in authorityand their agents, resistance and

disobedience thereto

Chapter 2: Justifying circumstances

which exempt from criminalliability

Art.11.Justifying circumstances

(subsections 1-6)

Art.12.Circumstances which exemptfrom criminal liability (subsections

1-7)

Chapter 3.Circumstances which

mitigate criminal liabilityArt.13.Mitigating circumstances

(subsections 1-10)

Chapter 4.Circumstances whichaggravate criminal liability

Art.14. Aggravating circumstances(subsections 1-21)

Chapter 5.Alternative circumstances

Art.15. Their concept (relationship:when mitigating and when

aggravating, intoxication, degree of instruction)

Title II. Persons Criminally Liable

for Felonies

Art.16. Who are criminally liableArt.17. Principals (subsections 1-2)

Art.18. Accomplices

Art.19. AccessoriesArt.20. Accessories who are exemptfrom criminal liability

Title III. Penalties

Chapter 1. Penalties in general

Art.21. Penalties that may beimposed

Art.22. Retroactive effect of penallaws

Art.23. Effect of pardon by theoffended party

Art.24. Measures of prevention or safety which are not considered

penalties

Chapter 2: Classification of

penalties

Art.25. Penalties which may beimposed (scale principal/accessory

penalties)

Chapter 3. Duration and effect of penalties

Section 1: Duration of penalties

Art.27. Reclusion perpetua

73



Title VI.General Provisions61.Preliminary provisions and

definitions62.local jurisdiction of offenses

63.prosecution of offenses

64.preliminary examination65.rights of the accused

66.challenges

67.assessors

Title VII.The Trial68.arraignment

69.demurrers and pleas70.the hearing

71.reopening of the trial72.judgement

73.appeals74.hearing in the Supreme Court

75.trials in justices and municipalcourts

Title VII.Evidence and other

Provisions76.evidence

77.arrests78.bail

79.search warrants

80.insolvency

81.fees and costs82.execution and judgement

83.repealing, continuing, and other

final provisions

5.contempts, insults, injurias, and

threats against persons in authority,and ditto against their agents and

other public officers6.public disorders

7.provisions common to 3 preceding

chapters

Title IV.Forgery and counterfeiting

1.forgery of the royal signature or stamp, the signature of ministers,

seals and marks-forgery of royal signature or stamp

and signature of a minister -counterfeiting of seals and marks

2.counterfeiting of coind3.falsification of bank notes,

documents of credit, stamped paper, postage stamps, and other stamped

paper, the sale of which is reservedto the state

4.falsification of documents-falsification of public, official, and

commercial documents andtelegraphic dispatches

-falsification of private documents-falsification of passports,

certificates of residence and other

certificates

5.provisions common to the 4 next preceding chapters

6.fraudulent concealment of

property or business, falsetestimony, and false accusation andcomplaint

7.usurpation of authority, rank,titles, and the improper use of

names, uniforms, insignia, anddecorations

Title V.Breach of burial laws and

violation of sepulture and offensesof public health

1.breach of burial laws andviolation of sepulture

2.offenses against public health

Title VI.Gambling and raffles

Title VII.Crimes committed

bypublic officers or employees on

the occasion of the performance of their official duties

1.misconduct of judges, other publicofficials, and lawyers

2.infidelity in the custody of prisoners

3.infidelity in the custody of documents

4.revelation of secrets

Art.28. Computation of penalties

Art.29. One-half of the period of the preventive imprisonment deducted

from term of imprisonment

Section 2: Effects of the penalties

according to their respective natureArt.30. Effects of the penalties of

perpetual or temporary absolute

disqualitificationArt.31. Effects of penalties of

perpetual or temporary specialdisqualification

Art.32. Effects of penalties of perpetual temporary special

disqualification for the exercise of the right to suffrage

Art.33. Effects of penalties of suspension from any public office,

professional or calling, or the rightof suffrage

Art.34. Civil interdictionArt.35. Effects of bond to keep the

peaceArt.36. Pardon; its effects

Art.37. Costs-what are includedArt.38. Pecuniary liabilities, order

of payment

Art.39. Subsidiary penalty (rules 1-5

with illustrations)

Section 3. Penalties in which other

accessory penalties are inherentArt.40. Death, its accessory penalties

Art.41. Reclusión perpetua andreclusion temporal, their accessory

penaltiesArt.42. Prision mayor, its accessory

penaltiesArt.43. Prision correccional, its

accessory penaltiesArt.44. Arresto, its accessory

penaltiesArt.45. Confiscation and forfeiture

of the proceeds or instruments of thecrime

Chapter 4: Application of PenaltiesSection 1: Rules for the application

of penalties to the persons

criminally liable and for thegraduation of the same

Art.46. Penalty to be imposed upon

principals in generalArt.47. In what cases the death

penalty shall not be imposedArt.48. Penalty for complex crimes


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5.disobedience and refusal of

assistance6.anticipation, prolongation, and

abandonment of the duties of publicoffice

7.usurpation of power; unlawful

appointments8.offenses against chastity

9.bribery

10.malversation of public funds11.frauds and illegal exactions

12.transactions prohibited togovernment employees

13.general provisions

Title VIII.Crimes against persons1.parricide

2.murder 3.homicide

4.provisions common to 3 precedingchapters

5.infanticide6.abortion

7.physical injuries7.general provisions

9.dueling

Title IX.Crimes against Chastity

1.adultery

2.rape and unnatural crimes3.crimes of public scandal

4.seduction and corruption of

minors5.abduction6.provisions common to preceding

chapters

Title X.Crimes against honor 1.calumny

2.insults3.general provisions

Title XI.Crimes against the civil

status of persons1.simulation of births and

usurpation of civil status2.illegal marriages

Title XII.Crimes against liberty andsecurity

1.illegal detentions

2.kidnapping of minors3.abandonment of children and

exploitation of child labor 4.trespass to the dwelling

5.coercion and threats6.discovery and revelationof secrets

Title XIII.Crimes against property

1.robbery

the principals when the crime

committed is different from thatintended (illustrations)

Art.50. Penalty to be imposed upon principals of a frustrated crime


principals of attempted crimesArt.52. ….upon accomplices in

consummated crime

Art.53. ….upon accessories to thecommission of a consummated

felonyArt.54. ….upon accomplices in a

frustrated crimeArt.55. ….upon accessories of a

frustrated crimeArt.56. …..upon accomplices in an

attempted crimeArt.57. …..upon accessories of an

attempted crimeArt.58. Additional penalty to be

imposed upon certain accessoriesArt.59. Penalty to be imposed in

case of failure to commit the crime because the means empoloyed or the

aims sought are impossible.Art.60. Exception to the rules

established in arts. 50-57

Art.61. Rules fro graduating

penalties (with illustrations)-Tabulation of the provisions of this

Chapter 4.

Section 2: Rules for the applicationof penalties with regard to

mitigating and aggravatingcircumstances, and habitual

delinquency

Art.62. Effect of the attendance of mitigating or aggravating

circumstances and of habitualdelinquency (subsections 1-5)

Art.63. Rules for the application of the indivisible penalties

Art.64. Rules for the applicationof penalties which contain 3 periods

Art.65. Rules in cases in which the

penalty is not composed of three periods

Art.66. Imposition of fines

Art.67. Penalty to be imposed whennot all the requisites of exemption

of the fourth circumstance of article12 are present.

Art.68. Penalty to be imposed upona person under 18 years of age

Art.69. Penalty to be imposed whenthe crime committed is not wholly

excusable

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2.theft

3.usurpation4.frauds

-absconding, fraudulent bankruptcyor insolvency

-swindling and other deceits

5.machinations to alter the price of things

6.pawnshops

7.arson and other crimes involvingdestruction

8.malicious mischief 9.general provisions

Title IV.Restless imprudence

Book III.Misdemeanors and

penalties therefor

Title I.Misdemeanors against publicorder

Title II.Misdemeanors againstgeneral interest of towns

Title III.Misdemeanors against persons

Title IV.Misdemeanors against property

Title V.Provisions common to

misdemeanors

Final Provision

Appendix to Penal Code

General Table of duration of penalties .. and division into degrees

(1-58 penalties)

Penal Acts and provisions of Philippine Commission and Phil.

Legislature 1900-1911

-banking institutions..-cruelty to animals; transportation

-sale of intoxicating liquors, Mla-municipalities

-provincial government act-common carriers

-notaries public

-the Mla charter -rinderpest, disposal of dead bodies

-oath of allegiance

-Libel Law-treason, insurrection and sedition

-bureau of printing-compulsary vaccination

-practice of medicine-the customs administrative act

-customs, coastwise trade-practice of medicine

-stamping of counterfeit coin

Art.70. Successive service of

sentences; exception (scale in order of gravity: death, reclusion

perpetua, reclusion temporal, prisionmayor, prision correccional, arresto

mayor, arresto menor)

Art.71. FineArt.72. Preference in the payment of

civil liabilities

Art.73. Presumption in regard to theimposition of accessory penalties

Art.74. Penalty higher thanreclusion perpetua in certain cases

Art.75. Increasing or reducing the penalty fine by one or more degrees

Art.76. Legal period of duration of divisible penalties (table showing

duration of divisible penalties andthe time included in each of their

periods)Art.77. When penalty is a complex

one composed of 3 distinct penalties

Chapter 5: Execution and Service of Penalties

Section 1: General Provisions

Art.78. When and how a penalty

shall be executed except by virtue of

a final judgementArt.79. Suspension fo the execution

and service of penalties in case of

insanityArt.80. Suspension of sentence of minor delinquents

Section 2: Executionof principal

penaltiesArt.81. When and how the death

penalty is to be executedArt.82. Notification and execution

of the sentence and assistance to theculprit

Art.83. Suspension of the executionof the death sentence

Art.84. Place of execution and persons who may witness the same

Art.85. Provision reltive to the

corpse of the person executed andits burial

Art.86. Reclusion perpetua,

reclusion temporal, prision mayor, prision correccional and arresto

mayor Art.87. Destierro

Art.88. Arresto menor

Title IV. Extinction of Criminal Liability and of Civil Liability

Resulting from Crime

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-cockpits and gambling therein

-land registration act-brigandage

-vagrancy-military reservations

-prize fighting

-practice of dentistry-practice of pharmacy

-constabulary

-fraudulent enlistment in theconstabulary

-trademarks-mutual benefit societies

-chinese registration-intoxicating liquors, military

reservations-deposit of government moneys

-locust board and regulations-buoys and beacons

-public land act-coinage and currency

-witnesses, military court-litherage, harbor business, vessels

-large cattle, registration-forestry

-surra-marking animals-internal revenue law

-native liquors, sailors and soldiers

-special provinces

-dead bodies; burials; cemeteries-corporation law

-district health officers

-leper colony, stock farm-explosive and poisons; fishing-chattel mortgage law

-public highways, bridges etc-weights and measures

lottery tickets and advertisements-fertilizers, regulations

-gambling and horse races-timber and forest products,

exemptions-election law

-bonded civil servants-toll roads and bridges

-intoxicating liquors, non-Christiantribes

-practice of medicine and pharmacy

-pure food act-bodies of diceased, scientific

investigation

-flag law-perjury

-civil service act-segregation of lepers

-municipalities; fire protection-misappropriationof public funds

-seamen; arrest and return of deserters

-counterfeiting

Chapter 1: Extinction of CriminalLiability

Section 1.Total extinction of criminal liability

Art.89. How criminal liability is

totally extinguished (subsections 1-7)

Art.90. Prescription of crimes

Art.91. Computation of prescriptionof offenses

Art.92. When and how penalties prescribe

Art.93. Computation of the prescription of penalties

Art.94. Partial extinction of criminalliability

Art.95. Obbligation incurred by person granted conditional pardon

Art.96. Effect of commutation of sentence

Art.97. Allowance for good conductArt.98. Special time allowance for

loyaltyArt.99. Who grants time allowances

Title V. Civil Liability

Chapter 1: Persons civilly liable for

feloniesArt.100. Civil liability of person

guilty of felony

Art.101. Rules regarding civilliability in certain casesArt.102. Subsidiary civil liability of

innkeepers, tavernkeepers and proprietors of establishments

Art.103. Subsidiary civil liability of other persons

Chapter 2: What civil liability

includesArt.104. What is included in civil

liabilityArt.105. Restitution, how made

Art.106. Reparation, how madeArt.107. Indemnification, what is

included

Art.108. Obligation to makerestoration, reparation for damages,

or indemnification for consequential

damages and action to demand thesame

Art.109. Share of each personcivilly liable

Art.110. Several and subsidiaryliability of principals, accomplices,

and accessories of a felony, preference in payment

Art.111. Obligation to make

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-disturbance of legislative bodies

-gambling-danger animal diseases

-opium law-crime against chastity, etc, public

prosecution

-board of rate regulation; publicservice corporations

-arms and ammunition

-the accounting act-protection of animal life

-telegraphic messages-the agricultural bank

-purchase of real property at tax sale by government employee

-insolvency law-toll road, Mt Province

-Baguio charter -enlisted service, Bureau of

Navigation

General Orders, No 58 Series of 1900, Office of US military

governor (amending provisions in pre-existing criminal code of

procedure)-prosecution of offenses

-rights of accused at trial

-arraignment and counsel

-demurrers and pleas-the trial

-reopening of the trial

-appeals-records of trials-trials in justices’ courts. Appeals

-evidence and proof -bail

-writ of habeas corpus-search warrants

-rights of persons injured by theoffense

-miscellaneous and transitory provisions

Some additional provisions of law

relating to criminal procedure:-provincial jails and prisoners

-abolishment of garrote

-confinement of minors-conditional pardons

-parole of prisoners

-subsidiary imprisonment-costs and fees, criminal cases

restitution in certain cases

Chapter 3: Extinction and survival

of civil liabilityArt.112. Extinction of civil liability

Art.113. Obligation to satisfy civil

liability

Book II: Crimes and Penalties

Title I: Crimes Against National

Security and the Law of Nations

Chapter 1: Crimes against nationalsecurity

Section 1: Treason and espionageArt. 114. Treason

Art.115. Conspiracy and proposal tocommit treason, penalty

Art.116. Misprision of treasonArt.117. Espionage

Section 2: Provoking war and

disloyalty in case of war Art.118. Inciting to war or giving

motives for reprisalsArt.119. Violation of neutrality

Art.120. Correspondence with

hostile country

Art.121. Flight to enemy’s country

Section 3: Piracy and mutiny on the

high seasArt.122. Piracy in general on thehigh seas

Art.123. Qualified piracy

Title II. Crimes against the fundamental laws of the state

Chapter 1: Arbitrary dentention or

expulsion, violation of dwelling, prohibition, interruption, and

dissolution of peaceful meetings andcrimes against religious worship

Section 1: Arbitrary detention and

expulsion

Art.124. Arbitrary detentionArt.125. Delay in delivery of

detained persons to the proper

judicial authoritiesArt.126. Delaying release

Art. 127. Expulsion

Section 2: Violation of domicileArt.128. Violation of domicile

Art.129. Search warrantsmaliciously obtained and abuse in

the service of those legally obtained

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Art.130. Searching domicile without

witnesses

Section 3: Prohibition, interruptionof peaceful meetings

Art.131. Prohibition, interruption,

and dissolution of peaceful meetings

Section 4: Crimes against religious

worshipArt.132. Interruption of religious

worshipArt.133. Offending the religious

feelings

Title III: Crimes Against PublicOrder

Chapter 1: Rebellion, sedition and

disloyaltyArt.134. Rebellion or insurrection,

how committedArt.135. Penalty for rebellion or

insurrectionArt.136. Conspiracy and proposal to

commit rebellion or insurrectionArt.137. Disloyalty of public

officers or employees

Art.138. Inciting to rebellion or

insurrectionArt.139. Sedition, how committed

Art.140. Penalty for sedition

Art.141. Conspiracy to commitseditionArt.142. Inciting to sedition

Chapter 2: Crimes against popular

representation

Section 1: Crimes against legislative bodies and similar bodies

Art.143. Acts tending to prevent themeeting of the legislature and

similar bodiesArt.144. Disturbance of proceedings

Section 2: Violation of

parliamentary immunity

Art.145. Violation of parliamentaryimmunity

Chapter 3: Illegal assemblies andassociations

Art.146. Illegal assembliesArt.147. Illegal associations

Chapter 4: Assault upon, and

resistance and disobedience to persons in authority and their agents

Art.148. Direct assaults

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Art.149. Indirect assaults

Art.150. Disobedience to summonsissued by a legislative body or

committee, and refusal to testify before same

Art.151. Resistance and

disobedience to a person inauthority or the agents of such

person

Art.152. Persons in authority, whoshall be deemed as such

Chapter 5: Public disorders

Art.153. Tumults and other disturbances of public order,

tumultuous disturbance or interruption liable to cause

disturbanceArt.154. Unlawful use of means of

publicationArt.155. Alarms and scandals

Art.156. Delivering prisoners from jails

Chapter 6: Evasion and service of

sentenceArt.157. Evasion of service of

sentence

Art.158. Evasion of service of

sentence on the occasion of disorders, conflagrations,

earthquakes, or other calamities

Art.159. Other cases of evasion of service of sentence

Chapter 7: Commission of another crime during service of penalty

imposedfor another previous offenseArt.160. Commission of another

crime during service of penaltyimposed for another previous

offense

Title IV. Crimes Against PublicInterest

Chapter 1: ForgeriesSection 1: Forging the seal of the

government of the PI, the signature

or stamp of the chief executiveArt.161 Counterfeiting the great seal

of the government of the PI, forging

the signature or stamp of the chief executive

Art.162. Using forged signature or counterfeit seal or stamp

Section 2: Counterfeiting coin

Art.163. Making and importing anduttering false coins

Art.164. Multilation of coins,

80



importation and utterance of

mutilated coinsArt.165. Selling of false or

mutilated coin, without connivance

Section 3: Forging treasury or bank

notes, obligations and securities;importing and uttering fales or

forged notes, obligations and

securitiesArt.166. Forging treasury or bank

notes or other documents payable to bearer; importing and uttering such

false or forged notes and documentsArt.167. Counterfeiting, importing

and uttering instruments payable to bearer

Art.168. Illegal possession and useof false treasury or bank notes and

other instruments of credit.Art.169. How forgery is committed

Section 4: Falsification of

legislative, public, commercial and private documents, and wireless,

telegraph, and telephone messagesArt.170. Falsification of legislative

documents

Art.171. Falsification of public

officer, employee or notary or ecclesiastic minister (subsections 1-

8)

Art.172. Falsification by privateindividuals and use of falsifieddocuments (subsections 1-2,

paragraph 2)Art.173. Falsification of wireless,

cable, telegraph and telephonemessages, and use of said falsified

messages

Section 5: Falsification of medicalcertificates, certificates of merit or

service and the likeArt.174. False medical certificates,

false certificates of merit or serviceArt.175. Using false certificates

Section 6: Manufacturing,importing, and possession of

instruments or implements intended

for the commission of falsification

Art.176. Manufacturing and possession of instruments or

implements for falsification

Chapter 2: Other falsitiesSection 1: Usurpation of authority,

rank, title, and improper use of

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names, uniforms and insignia

Art.177. Usurpation of officialfunctions

Art.178. Using fictitious name andconcealing tru name

Art.179. Illegal use of uniforms or

insignia

Section 2: False testimony

Art.180. False testimony against adefendant

Art.181. False testimony favorableto the defendant

Art.182. False testimony in civilcases

Art.183. False testimony in other cases and perjury in solemn

affirmationArt.184. Offering false testimony in

evidence

Chapter 3: FraudsSection 1: Machinations,

monopolies and combinationsArt.185. Machinations in public

auctionsArt.186. Monopolies and

combinations in restraint of trade

Section 2: Frauds in commerce andindustry

Art.187. Importation and disposition

of falsely marked articles or merchandise made of gold, silver, or other precious metals or their alloys

Art.188. Substituting and alteringtrademarks and tradenames

Art.189. Unfair competition andfraudulent registration of trademark

or tradename

Title V Crimes relative to opiumand other prohibited drugs

Art.190. Possession, preparation and

use of prohibited drugs, andmaintenance of opium dens

Art.191. Keeper, watchman and

visitor of opium denArt.192. Importation and sale of

prohibited drugs

Art.193. Illegal possession of opium pipe or other paraphernalia for the

use of any prohibited drugArt.194. Prescribing opium

unnecessarily for a patient

Title VI. Crimes Against PublicMorals

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Chapter 1: Gambling and betting

Art.195. What acts are punishable ingambling

Art.196. Importation, sale and possession of lottery tickets or

advertisements

Art.197. Betting in sport contestsArt.198. Illegal betting on horse

races

Art.199. Illegal cockfighting

Chapter 2: Offenses against decencyand good customs

Art.200. Grave scandalArt.201. Immoral doctrines, obscene

publications and exhibitionsArt.202. Vagrants and prostitutes,

penalty

Title 7: Crimes committed by publicofficers

Chapter 1: Preliminary provisions

Section 1: Dereliction of DutyArt.203. Who are public officers

Chapter 2: Malfeasance and

misfeasance in office

Art.204. Knowingly rendering

unjust judgementArt.205. Judgement rendered

through negligence

Art.206. Unjust interlocutory order Art.207. Malicious delay in theadministration of justice

Art.208. Prosecution of offenses;negligence and tolerance

Art.209. Betrayal of trust by anattorney or solicitor, revelation of

secrets

Section 2: BriberyArt.210. Direct bribery

Art.211. Indirect briberyArt.212. Corruption of public

officials

Chapter 3: Frauds and Illegal

exactions and transactionsArt.213. Frauds against the public

treasury and similar offenses

Art.214. Other fraudsArt.215. Prohibited transactions

Art.216. Possession of prohibitedinterest by a public officer

Chapter 4: Malversation of public

funds or propertyArt.217. Malversation of public

funds or property, presumption of

83



malversation

Art.218. Failure of accountableofficer to render accounts

Art.219. Failure of responsible public officer to reder accounts

before leaving the country

Art.220. Illegal use of public fundsor property

Art.221. Failure to make delivery of

public funds or propertyArt.22. Officers included in the

preceding provisions

Chapter 5: Infidelity of publicofficers

Section 1: Infidelity in the custodyof prisoners

Art.223. Conniving with or consenting to evasion

Art.224. Evasion throughnegligence

Art.225. Escape of prisoner under the custody of a person not a public

officer

Section 2: Infidelity in the custodyof documents

Art.226. Removal, concealment or

destruction of documents

Art.227. Officer breaking sealArt.228. Opening of closed

documents

Section 3: Revelation of secretsArt.229. Revelation of secrets by an

officer Art.230. Public officer revealing

secrets of private individuals

Chapter 6: Other offenses or irregularities by public officers

Section 1: Disobedience, refusal of assistance and matreatment of

prisonersArt.231. Open disobedience

Art.232. Disobedience to order of superior officer when said order was

suspended by inferior officer

Art.233. Refusal of assistanceArt.234. Refusal to discharge

elective office

Art.235. Maltreatment of prisoners

Section 2: Anticipation, prolongation and abandonment of

the duties and powers of publicoffice

Art.236. Anticipation of duties of a public officer

Art.237. Prolonging performance of

84



duties and powers

Art.238. Abandonment of office or position

Section 3: Usurpation of powers and

unlawful appointments

Art.239. Usurpation of legislative powers

Art.240. Usurpation of executive

functionsArt.241. Usurpation of judicial

functionsArt.242. Disobeying request for

disqualificationArt.243. Orders or requests by

executive officers to any judicialauthority

Art.244. Unlawful appointments

Section 4: Abuses against chastityArt.245. Abuses against chastity,

penalties

Title VIII. Crimes Against Persons

Chapter 1: Destruction of LifeSection 1: Parricide, murder,

homicide

Art.246. Parricide

Art.247. Death or physical injuriesinflicted under exceptional

circumstances

Art.248. Murder Art.249. HomicideArt.250. Penalty for frustrated

parricide, murder or homicideArt.251 Death caused in a

tumultuous affrayArt.252. Physical injuries inflicted

in a tumultuous affrayArt.253. Giving assistance to

suicideArt.254. Discharge of firearms

Section 2: Infanticide and abortion

Art.255. InfanticideArt.256. Intentional abortion

Art.257. Unintentional abortion

Art.258. Abortion practiced by thewoman herself or by her parents

Art.259. Abortion practiced by a

physician or midwife anddispensing of abortives

Section 3: Duel

Art.260. Responsibility of participants in a duel

Art.261. Challenging to a duel

Chapter 2: Physical injuries

85



Art.262. Mutilation

Art.263. Serious physical injuries(subsections 1-4, paragraphs 2-3)

Art.264- Administering injurioussubstances or beverages

Art.265. Less serious physical

injuriesArt.266. Slight physical injuries and

maltreatment

Title IX. Crimes Against Personal

Liberty and Security

Chapter 1: Crimes against libertySection 1: Illegal detention

Art.267. Serious illegal detentionArt.268. Slight illegal detention

Art.269. Unlawful arrest

Section 2: Kidnapping of minorsArt.270. Kidnapping and failure to

return a minor Art.271. Inducing a minor to

abandon his home

Section 3: Slavery and servitudeArt.272. Slavery

Art.273. Exploitation of child labor

Art.274. Services rendered under

compulsion in payment of debts

Chapter 2: Crimes against security

Section 1: Abandonment of helpless persons and exploitation of minorsArt.275. Abandonment of persons in

danger and abandonment of one’sown victim

Art.276. Abandoning a minor Art.277. Abandonment of minor by

person entrusted with his custody;indifference of parents

Art.278. Exploitation of minorsArt.279. Additional penalties for

other offenses

Section 2: Trespass to dwellingArt.280. Qualified trespass to

dwelling

Art.281. Other forms of trespass

Section 3: Threats and Coercion

Art.282. Grave threatsArt.283. Light threats

Art.284. Bond for good behavior Art.285. Other light threats

Art.286. Grave coercionsArt.287. Light coercions

Art.288. Other similar coercionsArt.289. Formation, maintenance

and prohibition of combination of

86



capital or labor through violence or

threats

Chapter 3: Discovery andRevelations of secrets

Art.290. Discovering secrets

thorugh seizure of correspondenceArt.291. Revealing secrets with

abuse of office

Art.292. Revelation of industrialsecrets

Title X. Crimes Against Property

Chapter 1: Robbery in general

Art.293. Who are guilty of robberySection 1: Robbery with violence

against or intimidation of personsArt.294. Robbery with violence

against or intimidation of persons, penalties (subsections 1-5)

Art.295. Robbery with physicalinjuries, committed in an

uninhabited place and by a bandArt.296. Definition of a band and

penalty incurred by membersthereof

Art.297. Attempted and frustrated

robbery committed under certain

circumstancesArt.298. Execution of deeds by

means of violence and intimidation

Section 2: Robbery by the use of force upon things

Art.299. Robbery in an uninhabitedhouse or public building or edifice

devoted to worship (subsections 1-4, paragraph B, subsections 1-2

Art.300. Robbery in an uninhabited place and by a band

Art.301. What is an uninhabitedhouse, public building or bldg

dedicated to religious worship andtheir dependencies

Art.302. Robbery in an uninhabited place or in a private bldg.

Art.303. Robbery of cereals, fruits

or firewood in an uninhabited placeor private bldg.

Art.304. Possession of picklocks or

similar toolsArt.305. False keys

Chapter 2: Brigandage

Art.306. Who are brigands, penaltyArt.307. Aiding and abetting a band

of brigands

Chapter 3: Who are liable for theft

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(subsections 1-3)

Art.309. PenaltiesArt.310. Qualified theft

Art.311. Theft of the property of the National Library and National

Museum

Chapter 4: Usurpation

Art.312. Occupation of real property

or usurpation of real rights in property

Art.313. Altering bounderies or landmarks

Chapter 5: Culpable insolvency

Art.314. Fraudulent insolvency

Chapter 6: Swindling and other deceits

Art.315. Swindling (estafa)(subsections 1-3, distinction from

theft etc)Art.316. Other forms of swindling

(subsections 1-6)Art.317. Swindling a minor

Art.318. Other deceits

Chapter 7: Chattel Mortgage

Art.319. Removal, sale or pledge of

mortgaged property

Chapter 8: Arson and other crimes

involving destructionArt.320. Destructive arsonArt.321. Other forms of arson

(subsections 1-7)Art.322. Cases of arson not included

in the preceding articlesArt.323. Arson of property of small

valueArt.324. Crimes involving

destructionArt.325. Burning one’s own

property as a means to commitarson

Art.326. Setting fire to propertyexclusively owned by the offender

Chapter 9: Malicious Mischief Art.327. Whoa re liable for

malicious mischief

Art.328. Special cases of maliciousmischief

Art.329. Other mischiefsArt.330. Damages and destruction

to means of communicationArt.331. Destroying or damaging

statues, public monuments or paintings

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Chapter 10: Exemption from

criminal liability in crimes against property

Art.332. Persons exempt fromcriminal liability

Title VII (XI?) Crimes Against Chastity

Chapter 1: Adultery andconcubinage

Art.333. Who are guilty of adulteryArt.334. Concubinage

Chapter 2: Rape and acts of

lasciviousnessArt.335. When and how rape is

commitedArt.336. Acts of lasciviousness

Chapter 3: Seduction, corruption of

minors and white slaveryArt.337. Qualified seduction

Art.338. Simple seductionArt.339. Acts of lasciviousness with

the consent of the offended partyArt.340. Corruption of minors

Art.341. White slave trade

Chapter 4: AbductionArt.342. Forcible abduction

Art.343. Consented abduction

Chapter 5: Provisions relative to preceding chapters of Title XI

Art.344. Prosecution of the crimesof adultery, concubinage, seduction,

abduction, rape and acts of lasciviousness

Art.345. Civil liability of personsguilty of crimes against chastity

Art.346. Liability of ascendants,guardians, teachers, or other persons

entrusted with the custody of theoffended party

Title XII. Crimes Against the Civil

Status of Persons

Chapter 1: Simulation of births and

usurpation of civil status

Art.347. Simulation of births,substitution of one child for another

and concealment or abandonment of a legitimate child

Art.348. Usurpation of civil status

Chapter 2: Illegal marriagesArt.349. Bigamy

Art.350. Marriage contracted

89



against provisions of laws

Art.351. Premature marriagesArt.352. Performance of illegal

marriage ceremony

Title XIII. Crimes Against Honor

Chapter 1: Libel

Section 1: Definition, forms and

punishment of the crimeArt.353. Definition of libel

Art.354. Requirement for publicityArt.355. Libel by means of writings

or similar meansArt.356. Threatening to publish and

offer to prevent such publication for a compensation

Art.357. Prohibited publication of acts referred to in the course of

official proceedingsArt.358. Slander

Art.359. Slander by deed

Section 2: General provisionsArt.360. Persons responsible

Art.361. Proof of the truth

Chapter 2: Incriminatory

machinations

Art.363. Incriminating innocent person

Art.364. Intriguing against honor

Title XIV. Quasi Offenses

Sole Chapter: Criminal negligenceArt.365. Imprudence and negligence

Title XV. Final Provisions

Art.366. Application of lawsenacted prior to this Code

Art.367. Repealing clause

1.3. Civil Code (CC) 1932, 1948 & Code of Civil Procedure, 19211921/The Code of CivilProcedure of the PhilippineIslands (Act 190)

As amended up to the close of special session of the PhilippineLegislature, March 1920

1932/ The Civil CodeAn English translation of theSpanish Civil Code withsubseuent laws enacted by thePhil. Legislature affecting the CCode, Vols 1-4

Sinco, Vicente & Capistrano,Francisco

1948/ Report of the CodeCommission on the ProposedCivil Code of the Philippines

Part I

Chapter 1, secs 1-12: General and preliminary provisions

Chapter 2, secs 13-37: Lawyers,

Preliminary Title

Laws, their effect, and general rulesfor their application

Creation of Code Commission

How and when proposed civil codewas prepared

90



their qualifications and duties

Chapter 3, secs 38-50: Prescription;time of commencing action

Chapter 4, secs 51-88: Proceedingsin courts of justice of the peace

Procedure in Courts of FirstInstance in Actions

Chapter 5, secs 89-113: PleadingsChapter 6, secs 114-122: Parties to

actionsChapter 7, secs 123-152: Various

proceedings in CFIsChapter 8, secs 153-161: Assessors

in CFIsChapter 9. Special Remedies

-secs 162-172: injunctions-173-180: receivers

-181-196: partition of real estate-197-216: usurpation of office or

franchise, etc-217-221: Certiorari proceedings

-222-225: mandate-226-230: prohibition

-231-240: contempt-241-253: eminent domain

-254-261: foreclosure of mortgage

-262-272: manual delivery of

personal propertyChapter 10

-273-347: Rules of evidence

-348-352: Affidavits anddepositions-353-369: depositions

-370-376: perpetuation of testimonyChapter 11

-377: Venue of actionsChapter 12

-378-380: Proceedings when judgeis disqualified or diabled

Chapter 13-381-383: Witnesses

Chapter 14-384-388: duties of the clerk of CFI

Chapter 15-389-401: Process, preliminary

process

Chapter 16-402-411: Subpoenas, and

compelling attendance of witnesses

Chapter 17-412-423: Arrest of defendant

Chapter 18-424-442: Attachment of

defendant’s propertyChapter 19

-443-473: Final process, execution.The execution and proceedings

thereon.

Book I. Persons

Title I.Spaniards and foreigners

Title II. Birth and extinction of civil personality

1.Natural persons

2.Juridical personsTitle III.Domicile

Title IV.marriage

Chapter 1.General provisionsSection 1: Forms of marriage

-the New Marriage Law-Marriage requisites

-causes for annulment of marriage-authority to solemnize marriages-

regulations and fees-penal provisions

-final provisionsSection 2: Provisions common to

both forms of marriageSection 3: Proof of marriage

Section 4: Rights and obligations between husband and wife

Section 5: Effects of annulment of marriage and divorce

Chapter 2. Canonical marriageChapter 3. Civil marriage

Section 1: Capacity of the

contracting parties

Section 2: Celebration of marriageSection 3: Annulment of marriage

Section 4: Divorce

-the Divorce Law (Act No 2710)Title V. Paternity and FiliationChapter 1: Legitimate children

Chapter 2: Proofs of filiation of legitimate children

Chapter 3: Legitimated childrenChapter 4: Illegitimate children

Title VI. The support of relationsTitle VII. Parental Authority

Chapter1: General provisionsChapter 2: Effects of parental

authority in respect to the persons of the children

Chapter 3: the effects of parentalauthority in respect to the property

of the children

Chapter 4: Manner of terminating parental authority

Chapter 5: Adoption

Title VIII. AbsenceChapter 1: Provisional measures in

cases of absenceChapter 2: Declaration of absence

Chapter 3: the administration of the property of the absentee

Chapter 4: Presumption of death of the absentee

Chapter 5: Effects of absence upon

1.Nature of project of civil code

-a general view

-new rights and causes of action-different or contrary solutions

-clarification of present provisions

-certain subjects ommitted-language of proposed code

-extent of changes

2.Fundamental principles, principal

reforms and new subjects

A.Fundamental principles-liberalisation of women’s rights

-social justice-consolidation of the family

(family as institution, family home,the family council, other provisions

for family cohesion)-Filipino customs

-equity above strict legalism-democracy as a way of life

-human personality exalted

B.Principal reforms and newsubjects (37 new subjects =

individualising character vis-à-vis

social relations)

-silence or ambiguity of the law-human relations

-state indemnity for conviction of an

innocent person-civil liability arising froma crime-independent civil actions created

and fostered-the promise of marriage

-rights and obligations betweenhusband and wife

-the system of absolute community-the regime of separate property

-funerals-substitute parental authority

-care and education of children-use of surnames

-easement against nuisance-lateral and subjacent support

-nuisance

-intellectual creation-form of wills

-probate during life of testator

-modified system of legitime-reforms in interstacy

-“reservas” abolished-quieting of title

-reformation of instruments-natural obligations

-estoppel-trusts

-unenforceable contracts

91



Chapter 20

-474-486: Proceedingssupplementary to the execution

Chapter 21-487-495: Costs in the several

courts

Chapter 22-496-512: Proceedings in Supreme

Court. General procedure of the

Supreme Court, and procedure on bills of exceptions

Chapter 23-513-519: Proceedings in SC in the

exercise of its original jurisdictionChapter 24

-520-521: The clerk of the SC andhis duties

Part II. Special Proceedings

Chapter 25

-522: Power of judge or court inspecial proceedings

-523-524: BankruptcyChapter 26

-525-550: Proceedings in habeascorpus

Chapter 27

-551-581: Guardians, their

appointment, duties, powers, andaccounts

(-551-558: Guardians of minors

-559-581: Guardianship of personsof unsound mind)Chapter 28

-582-595: Trusts, trustees and proceedings in relation thereto.

Trusts and trustees.Chapter 29

-596-598: Estates of deceased persons. Summary settlement of

estatesChapter 30

-599-613: Jurisdiction over estatesof deceased persons

Chapter 31-614-663: Wills and the allowances

thereof, and duties of executors

(641-648: Executors andadministrators, who may act, and

their bonds; 649-663: Death,

removal etc of executors or administrators)

Chapter 32-664-667: General duties of

executors and administrators-668-685: Inventory, appraisal and

accountChapter 33

-686-701: Claims against estat. How

eventual rights of the absentee

Title IX. GuardianshipChapter 1: General provisions

Chapter 2: Testamentaryguardianship

Chapter 3: Legal guardianship

Section 1: Guardianship of minorsSection 2: Guardianship of insane

and deaf-mutes

Section 3: Guardianship of prodigals

Section 4: Guardianship of personsunder interdiction

Chapter 4: Guardianship byappointment

Chapter 5: ProtutorsChapter 6: Persons disqualified to

be guardians and protutors, andtheir removal

Chapter 7: Exemptions fromguardianship and protutorship

Chapter 8: Bonds of guardiansChapter 9: the performance of

guardianshipChapter 10: Accounts of the

guardianshipChapter 11: Registration of

guardianship

Title X.The Family Council

Section 1: the formation of familycouncil

Section 2: procedure in the family

councilTitle XI. Emancipation and majorityChapter 1: Emancipation

Chapter 2: MajorityTitle XII. The Civil Registry

-An Act to establish a Civil Register (Act 3753)

Book II. Property, Ownership, and

its Modifications

Title I. Classification of propertyChapter 1: Immovable property

Chapter 2: Movable propertyChapter 3: Property in relation to

the person to whom it belongs

Title II. OwnershipChapter 1: Ownership in general

Chapter 2: Right of Accession

Section 1: Right of accession withrespect to what is produced by

propertySection 2: Right of accession with

respect to immovable propertySection 3: Right of accession with

respect to movable propertyChapter 3: Fixing of boundaries and

placing of monuments

-uniform sales law

-the “Pacto de Retro” problem-Commercial Code provisions on

certain contracts abolished-extraordinary diligence of common

carriers

.uniform partnership acts-lessening litigation

-other quasi-contracts

-damages (actual or compensatory,moral, nominal, temperate or

moderate, liquidated, exemplary or corrective)

-rules of court

3.Other Imortant Changes Recommended

A.Preliminary title

B.Book I (recommendations in 37 issues)

-natural persons-marriage

-divorce-property relations between husband

and wife-donations by reason of marriage

-conjugal partnership

-paternity and filiation

-legitimated children-other illegitimate children

-support

-parental authority-adoption-absence

-emancipation-civil registry

C.Book II (recommendations in 7

issues)-ownership

-accession-co-ownership

-some special properties-possession

-usufruct-easements or servitudes

D.Book III. (recommendations in 4

issues)

-occupation-donation

-succession

--testamentary capacity

--nature of the act of making a will--wills

--holographic wills

92



allowed.

Chapter 34-702-708: Suits by and against

executor and administrator Chapter 35

-709-713: Property embezzled or

secreted, or fraudulently conveyedChapter 36

-714-726: Sale of estate

Chapter 37-727-733: From what estates debts

to be paidChapter 38

-734-745: payment of debts-746-749: contingent claims

Chapter 39-750-752: Escheats

Chapter 40-753-764: distribution of estate

Chapter 41-765-772: adoption and custody of

minorsChapter 42

-773-783: Appeals in special proceedings

Part III

Chapter 43

-784: Forms-785-794: Fees

Chapter 44

-795-796: Final provisions

Appendices

A.Rules of court (for both SC andCFIs)

B.Judiciary Act 136C.The Judiciary Reorganisation Act

2347D.Stenographers’ Duties, Act 2383

E.Eminent Domain Act 294F.Military Reservation Act 665

G.Railroad expropriation act 1258,amended 1592

H.Expropriation Procedure Act2826

I.Authentication of Documents Act

2103J.Change of Name Act 1386

K.Tha Naturalisation Law Act 2927

L.Insane Persons Act 2122M.Department of Mindanao

Accessors and Procedures Act 2520 N.Cadastral Act (secs 19-24) 2259

O.Registration of Patents andPatent-rights act 2235 (sec 5)

Chapter 4: the right to enclose the

rural tenementsChapter 5: Unstable bldgs and trees

about to fallTitle III. Co-Ownership of Property

Title IV. Special Properties

Chapter 1: Waters (Sections 1-5)Chapter 2: Minierals

Chapter 3: Intellectual property

-the Copyright Law (Act 3134)Title V. Possession

Chaper 1: Possession of the kindsthereof

Chapter 2: Acquisition of possession

Chapter 3: Effects of possessionTitle VI. Usufruct, Use and

HabitationChapter 1: Usufruct (sections 1-4)

Chapter 2: Use and habitationTitle VII. Servitudes

Chapter 1: Servitudes in general(sections 1-4)

Chapter 2: Legal servitudes(Sections 1-7)

Chapter 3: Voluntary servitudesTitle VIII. The Registry of Property

Book III. The Different Modes of Acquiring Ownership

Title I. Occupation

Title II. DonationsChapter 1: Nature of donationsChapter 2: Persons who can make

and receive donationsChapter 3: effects and limitations of

donationsChapter 4: Revocation and

reduction of donations

Total q articles = 656

--ordinary wills

--joint andmutual wills--qualification of witness to a will

--safeguard in the execution of wills--interpretation of wills

--heir, devisee and legatee

--married woman as testatrix--incorporation by reference

--revocation of wills

--republication and revival of wills--law that governs the validity of

wills--wills executed in foreign countries

--succession--substitution of heirs

--legitime--legal or intestate succession

--abolition of “reservas”--institution of heirs

--substitution of heirs--legitime of compulsary heirs in

testamentary succession--grounds for disinheritance

--legacies and devises--order of payment of legacies and

devises--shares of the heirs in legal or

intestate succession

--right of representation

--right of accretion--precautions when a widow is left

pregnant

--capacity to succeed by will or intestacy--incapacity to succeed

--acceptance and repudiation of inheritance

--executors and administrators--payment of debts and

distributionof estate--collation

--co-ownership and the right todemand partition

-Prescription

E.Book IV

-obligations--extinguishment of obligations

--compensation

-contracts

--consent--cause of contracts

--form of contracts--defective contracts

--exceptional consequences of voidcontracts

93



-sales

-lease

--contract for a piece of work

-partnership

-agency-loan

-deposit

-aleatory contracts-compromise and arbitration

-guaranty

-mortgage and pledge--mortgage

--antichresis--chattel mortgage

-obligations without an agreement

--quasi-contracts--quasi-delicts

concurrence and preference of

credits

4.Transitional provisions

5.Repealing clause

6.Suggested procedure in

discussion of project

7.Conclusion

94



2. SECONDARY SOURCES

2.1. REPRINTED ACCOUNTS IN SERIAL SOURCE

2.1.1. Blair & Robertson (1907) The Philippine Islands 1493-1898Volume (1-51)/Coverage Contents RelevanceVIII/1591-1593 Preface

Documents of 1591-collection of tributes in PI

-liberty of the Indians (decree of Gregory XIV)

-articles of contract for conquest of Mindanao

-Ordinance forbidding Indians towear Chinese stuff

-Account of encomiendas-letter to Felipe II

-the fortificationof Mla-investigations at Mla concerning

trade with Macao

Documents of 1592

-opinions of the religious

community on the war withZambales

-letter of congratulation to the bishop, clergy and people of PI

-letter to Felipe II-rules for the Manila Hospital

-expedition to Tuy-two letters to Felipe II

-an embassy from Japan. Hideyoshiand others

-3 letters to Felipe II-Luzon menaced by Japanese

Documents of 1593

-letter to governor Dasmarinas,Felipe II, Madrid

-2 royal decrees, Felipe II, Madrid

**Reconstruction of pre-US period

XL/1690-1691 Preface

Documents of 1691-events at Manila, 1690-91

-bibliographical data

Appendix: Ethnological descriptionof the Filipinos

-Native races and their customs

(Colin Francisco 1663)-Natives of southern islands

(Combes Francisco 1667)-letter on the Filipinos (de San

Agustin Gaspar, 1720)-The native peoples and their

customs (de San Antonio JuanFrancisco, 1738)


LI/1801-1840 Preface: Outline of events in PI **Reconstruction of pre-US period

95



(1801-40) drawn from accounts of

an English naval officer, a Spanishofficial and a merchant familiar

with commerce of the Orient andAmericas.

Documents of 1801-1840-Events in Filipinas, 1801-1840

(Montero y Vidal)

-Remarks on the PI, 1819-22 (anEnglishman, Calcutta 1828)

-Reforms needed in PI (PizarroManuel Bernaldez; 1827)

-Bibliographic data

Appendix:-Representation of Filipinas in

Cortes (various sources)-List of archbishops of Mla, 1581-,

1898 (various sources)

LII/1841-1898 (final volume) Preface

Documents of 1841-1898

-Internal political condition of thePhilippines (Sinibaldo de Mas,

1842)-Matta’s report (Juan Manuel de la

Matta, 1843)-The Philippines 1860-1898: some

comment and bibliographic notes

(James Leroy 1907)-Events in the Liga Filipina (Jose

Rizal, 1892)

-the friar memorial of 1898 (ManuelGutierrez et al, 1898)

-Bibliographic dataAppendix: Agriculture in Filipinas

(Joseph Basco y Vargas et al)


2.2. CONTEMPORARY MONOGRAPHS, ACCOUNTS (journals,

periodicals, travelogues)

Yr/Author/Title Content Relevance1846/Mallat, Jean/The

Philippines,History, Geography,

Customs

I.Discovery of PI

II.Continuationof discovery of PIIII.State of the country before

discoveryIV.History of the PI from the death

of Legaspi until todayV.Geography

VI.ClimateVII-IX.Natural History

X.The city of Manila and itssurroundingsXI-XV. Geography of the provinces


-Mla: prices of principal objects of

consumption-data on population and tribute- payers by pueblo & province

96



(description of 35 provinces)

XVI. Civil and JudiciaryGovernment

-governor general-assessor

-civil fiscal

-the Real Acuerdo-salary of governor general

-alcaldes mayores

-gobernadorcillos-civil guards

-cabezas de barangay-the bilangos (prisoners)

-special administration of provinceof Tondo

-Ayuntamiento of Mla-judiciary administration, it is

defective-delays in criminal trials

-the Real Audencia-fiscals

-trial by the White Cock for Buddish Chinese

XVII:Ecclesiastical government and pious work, public feasts and

ceremoniesXVIII. Military government

XIX. Finances

XX. Physical aspect and customs of the Indios

XXI. Physical aspect and customs

of savage races

XXII. Mores of the sons of thecountry, mestizos and ChineseXXIII. Mores of whites in Mla

XXIV. Idioms in the PIXXV. Public instruction; state of

the sciences, arts and lettersXXVI. Agriculture

XXVII. IndustryXXVIII-XXX. Commerce

General consideration..

-list of salaries of mayors + payment

for trading rights, by province

-Table: criminal cases at theaudencia of PI 1837-41 (Year,

crimes and torts:rebellion/conspiracy, murder.

Theft/fraud, arson, seditiousmeetings/notices, falsehood/perjury,

immorality and scandal,injury/matreatments, total causes +

condemnations or punishments)

1899/Ireland, Alleyne/Tropical

Colonisation- An introduction to

the study of the subject

(cc)

Preface: 3 central questionsaddressed by this monograph in

relation to s-c tropical colonization:-government; labor mobilisation’s

relevance for tropical colonialdevelopment; relation between

tropical colony and sovereign state(periphery-metropole)

I.Introductory (definition of terms:colony, dependency

II.Forms of government in tropical

coloniesIII.Trade and the Flag

**nature, form, and history of imperialism, Age of Empire.

-trade statistics: diagrams showing

value in pounds of total imports intUK from British colonies and

possessions; total exports from

97



IV. The earlier aspects of the labor

problem in the Tropics

-analyses the impact of Emancipation and anti-slavery actson labor mobilisation in the colonies

resulting i.a. in the collapse of labor supply; how then to mobilise free

labor, what incentives?

V.The indentured labor system inthe British colonies

VI.The solution of the labor

problem by the Dutch

British colonies and possessions

(1856-1895); exports andmanufactures of UK to British

colonies and possessions (sameyears); total imports into ditto

(years: ibid); total imports into UK

and the sahre of US; total exports of produce and manufactures of UK

showing share of US (yrs: ibid);

comparative import/exports data,UK and US (1878-97); Value of

imports into UK from Britishcolonies and possessions; value of

exports of produce andmanufactures of the UK to British

colonies and possessions (1893-97);value in francs of special import and

export trade of France and share of French colonies and possessions;

trade of some of French colonies in1897; value in pounds sterling of

total imports/exports of Jamaica and proportion in each yr of trade with

France and England; value in pounds sterling of total

imports/exports of Mauritius andannual proportion of trade with

France and England (1878-97);

summary of diagrams 1-9.

-comparative data of mean population, average value of annual

exports and exports per capita insome colonies, 1882-91;

comparative figures on the number of immigrants introduced into

British Guiana, those returning toIndia, value of money and jewelry

taken back to India by returning

immigrants, and number of immigrants who have commuted,

indentured population (male/female)

on the estates, number of east indiandepositors in government savings

bank, total amount to their credit,death rate per 1000 of indentured

immigrants vs colony in general(1878-97);

98



-Dutch solution to labor problem in

Java = culture system in 1808,which was gradually relaxed since

1871 by Dutch government.

VII. The colonial problem of the US

(comparative account for Hawaii,Puerto Rico and Philippines)

Appendix: Bibliographic list of works on the subject of colonies and

colonization

1900/Sawyer, Frederick/The

Inhabitants of the Philippines

Chapter II. Spanish government-slight sketch of organisation

-distribution of population-collection of taxes

-the stick

Chapter IV. Courts of Justice-Alcaldes; Audencia, Guradia Civil,

do not hesitate to shoot, Talas

Chapter V. Tagal Crime andSpanish Justice

-The murder of a Spaniard-promptitude of courts

-case of Juan de la Cruz, 12 years in

prison waiting trial-Piratical in Luzon, culprits never

tried; several die in prison

**description of pre-US judicialsystem in PI, with anecdotal data on

crime

-distribution of population by province, 1877

-gives an interesting account of twocriminal cases: one involving a

crime of passion (Juan de la Cruz),another, a class crime (the murder of

the Swede, Alfred Olsen), both

illustrating how the wheels of justice grind exceedingly slow in the

PI.

1905/Willis, Henry Parker/

Our Philippine Problem: A Study

of American Colonial Policy

(cc)

Chapter I: The Philippine Problem

-Phil question a special phase of imperialism

-early realtions to Phil.

-views of different reasoners-President McKinleys original view

-Affairs in Phil-controversies with natives

-protocol of Aug 13 1898-conduct of Americans

-the Paris Conference-President McKinley’s proclamation

-outbreak of war; early policy; progress of war; reaction in public

opinion; demand for independence;President’s Roosevelt’s attitude

Chapter II: The Beginning of Civil

Government-reasons for establishing civil gov;

composition of commission; whythis form of gov was chosen;

military character of rule

-Civil Government Act; its

provisions concerning the

99



commission; mode of legislation in

the Phil.; relations betweengovernor and other members;

powers of governor; effect of possible native Assembly; amount

of legislation; attitude of

community

Chapter III: The Phil Civil Service

-organisation of civil service board;changes in membership; work

accomlished; character of examinations

-relative numbers of American andFilipino employees; tabular view,

hanges in relative numbers; alleged preference for Filipinos; working of

present system; distribution of places; character of civil employees;

their competence, high salaries;overorganisation; inadequacy of the

system

Chapter IV: Local Government-creation of provincial governments;

unsatisfactory conditions;establishment of municipalities;

analysis of municipal code and

proviccial code; location of

electoral franchise; real seat of power; authority of “provincial

board”; control by commission;

practical working of localgovernment; theoretical defects; Mr Ireland’s view; the proposed

Assembly; opinions of Filipinos;home rule the real need

Chapter V: The Legal and Judicial

System-System of law analysed

-revision of Spanish code-careless work

-reasons for change-main points of peculiarity

-Habeas Corpus-organisation of courts, jurisdiction,

native opinion of the bench, defects

of mode of appointment; lack of public opinion; some worthy

judges; modes of control; kinds of

testimony admitted in court-oppression of constabulary spies

-demand for jury system-political necessities

-complaints of lawyers-recent prosecutions as example of

methods-Ricarte inssurection; two verdicts;

disturbed conditions

-table: q and salaries of Phil civilservice employees, Americans:

Filipinos in various agencies, 1901-1903

100



Chapter VI: The Constabulary and Maintenance of Order

-Original enlistment of natives; thescouts; the constabulary; really a

military force; requirement of local

enlistment; use of scouts withconstabulary; disturbed conditions

in the islands; official attitude; real

character of ladrones; legislation; anera of persecution; reconcentration;

its effects; conditions in Bilibid prison; policy of extreme severity;

case of Simeon Ola; inefficiency of constabulary; bad practices; torture;

failure to punish delinquents;refusal to trust natives; unruly

elements among constables; reviewof charges

Chapter VII: The Control of Public

Opinion-Ignorance of Americans as to Phil

affairs; attitutde of USadministrators; the Senate inquiry;

ineffective methods; absence of reliable news sources in Mla; nature

of dispatches; various methods of

control; restrictions on Mla press; sedition and libel acts; absence of

jury trials; restrictions on words and

letters of civil employees; influence

over the pulpit; control of the stage;absence of freedom of assembly;Mr. Tafts meeting; the Sandico

meeting

Chapter VIII: Political Parties-Difficulty of organising parties; the

Federal party, reasons for itsexistence, its platform, desire for

statehood-Mr Taft’s interpretation

-attempted revision-the national party, its apparent

decadence, real strenght-other parties, labor unions

-ultimate objective of all parties the

same-ideas of “independence”, Mr Taft’s

position

-relations desired with the US-practical demands

-Mabini’s opinion

Chapter IX: The Church Problem-original character of church

problem; agrarian problems; thefriar lands; necessity of purchase;

negotiations; congressional

-q persons affected by

reconcentration policy-growth in prison population 1903

-q prisioners in Bilibid by crime(sentenced, detained)

-landholdings of 3 religious orders

and provincial distribution

101



legislation; change of policy in

Rome; friar land act; failure to solve problem; relation to church as such;

concessions of US representatives;desire for American priests; origin

of schism; basis of new Phil

Catholic Church; political charges;economic questions; legal status of

new church; some recent cases of

dispute; work of Protestants, their influence; hostility of Catholics;

unfortunate character of religiouscomplications

Chapter X: American Education in

the Phil.-the education act; corps of

American teachers; Dr Atkinson’swork, difficulties of the teachers;

classification of schools;educational budget; serious

troubles; civil service system for teachers; lack of equipment;

unwisdom of teaching in English;the native dialects; circular of

bureau on school attendance; political functions of teachers; the

lines of reform

Chapter XI: Social Conditions

-General social situation

-character of Americans in islands

-attitude towards natives-the color line, race prejudice-the liquor business

-opium smoking-origin of licensed prostitution

-suppåort of inspection by gov., evileffects

-work of sanitation; Board of Health-epidemic and other diseases; lepers

and insane; poor hospitalaccomodations

-success and failure of Americans

Chapter XII: Economic Legislation-Motives in taking the Phil.; change

in commercial outlook; revisionof

tariff by Commission; commercialsections of the Treaty of Paris; Phil

tariff of 1901; revenues secured;

demand for modification;enforcement of Dingley rates; 14

diamond tings’ case; tariff on Phil products; Phil tariff debate in

Congress; commercial policy; minor tariff provisions; unsatisfactory

situation; original navigation policy;modification by Commission; the

Frye Bill, bad effects, present

-cost of bureau of education and breakdown

-gross import and duties collected

1900-03

102



position, need for sound currency;

Mr Conant’s report; action byCongress; the “International

Exchange Commission”, thecharacter of new system; banking;

corporation law; general survey

Chapter XIII: The business

Situation

-importance of foreign trade;detailed analysis of imports; an

anomalous situation; demands of the Army; character of exports;

trade with US; sanguineexpectations of trade; criticism

thereon; the Phil as a market for goods; Americans in business in

Mla; retail trade; reasons for lack of success; export situation; capital

engaged in various industries; tradein American notion of trade

prospects

Chapter XIV: Rural andAgricultural Conditions

-Popular view as to Phil agriculture; bad conditions in rural districts;

congressional relief fund; views of

officials; location of distress;

traveller’s impressions; bad roads;condition of pop.; shortage of rice;

statements of provincial treasurers;

present situation; condition of bldgs; lack of capital and credit;land registration, land taxes, high

agricultural wages, increase in prices; loss of carabaos; government

experiments; lines of relief; prospects in some staples; hekp

exports and cultivation; obstacles toenlarging hemp market; competing

products; the future

Chapter XV: The Exploitation of the Philippines

-exploitation one chief object;elements of problem; desires of

Commission; provisions of Civil

Gov Act; failure to build roads;Public Land Act, ill success thus

far; effect of agricultural

development on natives;exaggerated notion of land areas;

forestry policy; mining situation;franchise policy; guarantees of

interest; lack of local capital; cityfranchises; proposed railway

development, real reason for railway policy; dissatisfaction with

Filipino labor, itrs true quality,

-average annual foreign trade(imports/exports/total) + excess of

exports/imports, 1880-1904-imports of Phil by classes of

articles-exports of Phil by destination and

articles (6 and other countries)1899-1904

-rice importation 1893-1904

103



some representative instances;

Chinese immigration; proper linesof development

Chapter XVI: Income and Outgo

-Original condition of the treasury;

progressive decline of surplus;average annual cost of

government;outlay for education,

for public works; division of costs between islands and US; spanish

income;-comparative cost of administration

-spanish taxes reatined byAmericans; certain reductions;

provincial finance-new Internal Revenue Law,

probable results-financial relations with the US

-Army and Navy officers in the civilservice

-the post office-American civil employees in

insular service-economic and fiscal policies

contrasted

Chapter XVII: The Future

-two phases of Philippine problem

-impossibility of colonisation-chance for investment;

opportunities in Oriental trade;

possible field for governmentalexperience; military and navalstatus of the Phil; dictates of self-

interest-natives’ capacity for rule, their

experience, some testimony, allegeddifficulties, time of possible action

-relation of the US to anyindependent Phil. Government

-attitude of US people-necessary changes if US retains

control-Free trade, cheap transportation,

economical gov., probabalities of exploitaiton

-pressing character of Philippine

problem

-Table: condition of Phil Treasury

1898-1905 (receipts, expenditures,surplus or deficit, apparent gross

surplus, actual and free balance)

-data on expenditures; loans andrepayments

-provincial trasure debts to insular government (by province)

-comparative Spanish and Americaninternal revenues

Appendices:1.comparative statement of civil

emplyees in PI 1903 (by nationality,salary; breakdown by bureau and

provincial service); municipal

service of Mla

1906/Foreman, John/The

Philippines

Chapter XI-Domesticated natives, origin,

character

**character description of native/Oriental social-psychology

deceitfulness, selective theft, and

imitativeness contrasts with later statements by Sanger (1903):

natives no race of criminals.

However “under the eye of hismaster he (the native) is the most

tractable of all beings … tries to do just as he is told … follow his

superior like a faithful dog.” (native

104



Chapter XXVII: End of war of independence and after

-notorious outlaws-brigands of the old and new type

-some cases of fiendishness

-Montalon and Felizardo outlaw bands

-Guards of Honor

-the Pulahan in gloomy Samar,noble American sacrifices to duty in

Samar -Army and constabulary statistics

-Seditiopus plays-landowner conducive to order

Chapter VIII. The Chinese

Chronological table of leading

events: 1494-1906

aversion to discipline)

-constabulary and army data on:

troop deployment, casualties,captured arms, 1899

1909/Villamor, Ignacio/

Criminality in the Philippine

Islands

(cc)

Introductory: Special Report of the

Attorney General on Criminality inthe PI/Criminal statistics

Remarks on the most common

crimes-questions submitted to provincial

fiscals-classification of crimes

Crimes against public order -summary reports by province of

provincial fiscals

Vagrancy

-conditions in PI-mendicity or pauperism

-decline of vagrancy-causes of this crime

-Manila (other crimes committed byvagrants

-Number of cases, annual average-ratio to total population

Crimes against Property

-annual average (explanation for growth in certain provinces)

-gross total for last 5 years (inselected provinces)

-robbery and theft, estafa, unlawful

entry and detainer, damages andarson

Crimes against the Person-discussion of each category under

this rubric + suide cases

Crimes against public morals

Criminal statistics

1.persons accused of crimes againststate

2.persons accused of crimes against public order

3.-“- falsification/forgery4.Crimes committed by public

officers in the performance of their duties

6.persons accused of crimes against

the person7….against the reputation

8…. against public morals

9…. Against property10….of miscellaneous crimes

11.Cases disposed of by the SC12.registered q of persons accused

in each court13.provincial classification of

persons accused of the crime bandolerismo

14……crime against vagrance15…….against property

--- robbery--- theft

--- estafa--- unlawful entry and detainer

--- arson--- damages

16.provincial classification of

persons accused of crimes againstthe person

--- parricide

--- murder --- manslaughter

--- personal injuries--- assault and battery

--- infanticide

105



-discussion of each category

Miscellaneous crimes

-violation of opium law, internalrevenue law, illegal cockfights,

pintacasis, game laws, unfair

competition and fraudulent use of trade-marks

Causes and remedies for mostcommon crimes

-specification of causes of andsuggestionof remedies for crimes

against property, the person, publicmorals, illegal marriage, gambling

etc-education a remedy for these

crimes

Conclusion relative to criminality inPI

-rate of crimes committed-ratio of persons accused, convicted

-crimes punished with arrestomayor, by special laws

(bandolerismo, vagrancy)-decrease in the q criminals and

reasons

-criminality in 1903 (political

crimes)-growth in criminality during later

years

-crimes against state, amnesty proclamation-crimes committed by public

officials-conjugal conditions, importance on

criminality-illiteracy in connection with

criminality-habitual criminals (recidivists):

enactment of law defining and providing for penalty

-criminality among women-juvenile offenders

-Bilibid prison inmates, their number by occupation or trade,

offenses committed

Appendix A.

-Influence of food on criminality

-questions to and answers of certain physicians

-climatological influence oncriminality (action of heat on human

organism, fall of temperature

Appendix B.-list of namesof provincial fiscals

who submitted reports

--- abortion

--- prize fights--- illegal extortion

17.provincial classification of persons accused of crimes against

public morals

--- adultery--- rape and unchaste practices

--- abduction

--- seduction--- bigamy

18.Provincial classification of persons accused of robbery

19….theft20….estafa

21….parricide22….murder

23….manslaughter 24….personal injuries

25….adultery26….rape

27….abduction28….seduction

29. misdemeanors and violations of Manily city ordinances

30.nationality of persons accused of crimes in PI

31.classificationof foreign prisoners

in Bilibid

32.distribution of suicide cases by provinces during the last 5 yrs

33.suicide cases in Mla, ibid

34.provincial classification of Bilib prisoners35.occupation of prisoners prior to

confinement36…..according to instruction

37.classification of persons accusedof crimes during the past regime

according to instruction38.classification according to sex

39.conjugal condition of prisoners40.classification of recidivists

41.q juvenile offenders, receivedand their classification according to

sex42.authorities making the

commitments

43.crimes committed by juvenileoffenders

44.province orcountry of origin of

juvenile offenders45.occupation of juvenile offenders

before confinement46.q criminal cases filed in CFI,

classified annually47.quinquennial groups of the most

common crimes during the pastregime

48…during the present regime

106





--- prize fights

--- illegal extortion16.provincial classification of

persons accused of crimes against public morals

--- adultery

--- rape and unchaste practices--- abduction

--- seduction

--- bigamy17.Provincial classification of

persons accused of crimes against property

18.Provincial classification of persons accused of crimes against

the person19.Provincial classification of

persons accused of crimes against public morals

20.Misdemeanors and violations of Manila city ordinances

21. nationality of persons accused of crimes in PI

22. suicide cases in Mla23.suicide cases in city of Mla

24.classification of persons accusedaccording to sex

25.persons accused of the most

common crimes

26……according to sentence27.females accused of crimes

28.classification of accused found

guilty by different CFIs according tosentence 1903-04 to 1908-0929. CFI cases according to age

30……………………… to age31……………. to instruction

32……………. instruction33……………..conjugal condition

34……………..conjugal condition35……place of commission of

crime and by reason of intoxication36…… ibid

37……..by reason of recidivism38……..ibid

39………juveniles between 8-18found guilty in different CFIs,

according to the place of

confinement under Act 143840………ibid

41………according to profession

42. Criminal cases filed in eachcourt

43.Reports from clerks of CFIoutside Mla

44. cases in CFI according to crimescommitted

45.cases registered in CFIs 1903/04,1908/09

46.condition of criminal dockets of

108



CFIs

47.period of commission of crimes48.provincial classification of

criminal cases appealed to the SC49.disposition of cases in SC

50.Criminal cases decided by SC

1903/04 & 1908/0951.persons sentenced to capital

punishment and whose sentences

affirmed by SC52.classification of recidivists

53.q juvenile offenders andclassification by by sex

54.authorities making commitments55.crimes committed by juvenile

offenders56.provinces or country of origin of

juvenile offenders57.occupations of juvenile offenders

58. classification of foreign prisoners in Bilibid

59.nativity of Filipino prisoners60.occupation prior to commitment

61.classification of prisoners inBilibid

62.conjugal conditions of prisoners63.changes in prison population

64.distribution of insular prisoners

65.age of prisoners when received

for confinement66.changes in prison population

relative to court by which prisoners

were commited67…….relative to length of sentences of prisoners in

confinement68.q convicts punished

69.changes in prison pop relative tocrimes for which commitments were

made70. provincial prisoners

71.q prisoners in provincial jails72.classification of prisoners in

provincial jails73.statistical report on criminal

cases of courts of justices of the peace (1905-09)

74.Table of averages and

proportions of the cases tried in thecourts of justices of peace based on

figures from 73.

75……ibid76……ibid

77.Preliminary investigations made before the Justice of Peace Courts

not recorded in the office of theclerks of the CFIs

78.Persons wanted by all courts1910 according to Bureau of

Constabulary

109



79.q legitimate children born in PI

1903/04 & 1907/0880.q illigetimate children, ibid

81.Comparative statistical table of murders and homicides registered in

US and PI 1903/04

82………. of prisoners in US and PI1904

83……….of crimes against the

person commited in Spain and PI84……..crimes against property

commited in Spain and PI85……..crimes against public

morals in Spain and PI86………cases registered in courts

of Japan and PI87………persons accused of crimes

in Japan and PI88………persons convicted of

crimes in ibid.1914/Worcester, Dean Conant/

The Philippines Past and Present

Vols 1-2

(cc)

1915/Kelly, Amzy B

(cc)

Attorney’s account of a case in

judicial criminality (trial, convictionand execution of General Mariano

Noriel, Mayor Luis Landas andRoman Malabanan in January 27

1915) in which he dcondemns theacts of 3 US chief executives: W

Cameron Forbes, Newton Gilbert

and Francus Burton Harrison.

1.Synopsis of the Noriel case

2.Preliminary case no. 408:

Prelimnary investigation, justice of the peace court of Bacoor, Cavite;

US versus Gregorio Buendia and

Hermogenes Asuncion and othersfor “Assasination” (1909)

3. US versus Gregorio de Guia andHermogenes Asuncion; Criminal

case No. 1666; the beginning of thetrial at CFI, Cavite

4.Criminal Case No. 1713: USversus Gregorio Buendia, CFI,

Cavite (1910)5.No.1666 Again, Diddling,

Piddling and Perjury, first new trial,Gregorio de Guia (1910),

“Corruption of witness defense”6.”The Delay Defense” or Seducing

Higher Authority7.Fifth Century Justice: CFI

Criminal case No. 1713, US versusGregorio Buendia for “Murder”

(1911)

8. Again No.1666 Back to the de

Guia case (1911) CFI Cavite

**a case in point reflecting the

practical workings of colonialcriminal procedures

110



9.The missing links discovered

1915 or scraping the bottom anddigging the rascals out, ocular

inspection by justice of peaceFrancisco of Bacoor, Cavite and

Criminal case No 403 preliminary

investigation of Gregorio de Guia10.Carefulness of Carelessness

11.Clearing the path of obstacles

and preparing the way to makeeffective, easy and certain the

conviction of innocent men bymisuse of courts, chief executives,

the press, Bilibid prison and thearmy

12.Beacon lights of God’s eternaltruth. Proclaiming the innocent,

crying out for the right, denouncingthe wrong and exposing the guilty

1917/Elliot, Charles/The Philippines, to the End of the

Commission Government: A

Study in Tropical Democracy

-Introduction

Chapter VI. The Commssiongovernment and its administration

Chapter VIII.Defense and PublicSafety-Army and Navy

-cooperation of civil and militaryauthorities

-the navy, status of army-cost of military establishment

-defense from external enemies

-moral effect of army presence-relations with civil government

-detailed army officers

-organisation of native troops-the scouts

-the constabulary-the municipal police

-seditious movements

**good thumbnail description of early US bureaucracy

-apart from descriptions of

bureaucratic organisation the ff arenoteworthy:

-changes in judicial system byorganic law, tenure of office of

justices, personnel of SC, jurisdiction, CFIs, no juries, native

judges, reorganisation law ,injurious to service, the official

language Spanish retained in the

courts, probable decline of English

1919/de los Angeles, Sixto/Aspecto

General de la Criminalidad en

Filipinas

This is an anthropometric study of

criminality with profuse use of statistics on par with Villamor’s

seminal 1909 work

Capitulo II. Aspecto general de lacriminalidad en Filipinas

Capitulo III. Los Criminales

Filipinos (anthropometrical data)

Capitulo IV. Causas especificas delcrimen en Filipinas

-constitucion mental de los filipinos-el amok de los malayos

-la insensibilidad moral-la inclinacion al vicio del juego

-la supersticion

-el alcoholismo y el vicio de opio

-el pauperismo

Datos estadisticos: (1916/17)

-defectos capitales de nuestrosistema actual

Datos officiales-poblacion carcelaria de Filipinas en

general-cifras de mortalidad carceleria,

general-poblacion carceleria de Bilibid

-promedios diarios y susfluctuaciones

-criminlaidad por provincias-clases de condena

-clases de delito-edad y estado conyugal de los

presos-defunciones y sus causas

-enfermedades

-ocupaciones y criminalidad

-abortos e enfanticidos

111



Capitulo VI. Conclusiones(see i.a. en lo que concierne a la

administracion de justicia criminal,regimen penitenciario..)

-valor monetaria de las perdidas

ocasionadas por el crimen enFilipinas

-muertes por suicidio y homicidio-datos comparativos (1902/1917)

1919/Cunningham, Charles

Henry/ The Audencia in the

Spanish Colonies-As illustrated

by the Audencia of Manila

(cc)

Preface/Introduction1.Audencias of Spanish colonies

2.establishment of Audencia in Mla

(1583-98)

3.the judicial functions of Audencia

-i.a. cases involving natives, officialfavoritism

4.the judicial functions of Audencia:the residencia

-i.a. procedures, conduct of trial, atypical case, reforms

5.the semi-judicial andadministrative functions of

Audencia-i.a. conflicts of jurisdiction

6.Audencia and governor general:general relations

7.Audencia and governor: military jurisdiction

8.Audencia and governor:conflictsof jurisdiction

-i.a. excesses of magistrates, privatetrade

9.Audencia and governor: the ad

interim rule10.Audencia and church: the royal

patronage

11.Audencia and church:ecclesiastical jurisdiction

-comparative table over various

Spanish audencias, by q salas,

fiscals, magistrates, salary of regentin pesos and total budget in pesos

-figures showing q crimnal cases

tried in tribunal 1710-1822


Crime and Moral Education

(cc)

Villamor: incumbent associate

justice of the Supreme Court of PI:

In the foreword of Associate Justiceof SC Thomas Street, we find

General Sangers adage thatFilipinos as a race have no

inclination to crime. Here we findVillamor again defending this thesis

as he had done in earlier works withthe help of criminal statistics (which

superficially did reflect risingfrequencies, but which he claims

had been more a function of newlegislations)!!

Crime and Moral Education:

IntroductionSections:

1.Criminality in the Philippinessince 1870-1908

2.Present state of delinquency in PI

Criminal statistics:

-annual average q cases, accused,convicted, 1903-07, 1908-12

-average q cases of common crimes(person, property, chastity), ibid.

-average q for crimes against person

only, ibid.

-average q for crimes against

112



3.Influence of hereditary tendencies

on criminal acts4.Propensity to crime

5.Causes of criminality, crimes

against public order 6.Crimes against Property

7.Crimes against the Person8.Suicide

9.Crimes Against Chastityu10.Special Crimes

11.Election Frauds and their

remedies12.Exemplarity of Punishment

13.Prisons and Reformation of

Criminals-Bilibid Prison (internal

government, treatment of prisoners,classification of prisoners, fitness

for work and good conduct of prisoners, prison discipline,

procedure for imposition of punishment, inducement to good

conduct, moral education of

property only, ibid.

-average q for crimes againstchastity only, ibid.

-proportion of different crimes,different groups fo crimes for every

10000, ibid.

-q crimes according to sex, ibid.-influence of education: % accused

according to level of instruction,

ibid.-according to civil status, ibid

-according to age group, ibid-q recidivists, ibid

-all cases filed with justice of peacecourts 1909-12 by sex (infringement

of commission and legislature laws, penal code and municipal

ordinances)

-influence of local conditions:

crimes produced by aggressivetendencies by province and crimes

against person; ration per 10000(still unpublished 1910-12 figures)

-crimes produced by acquisitivetendencies (provinces, crimes

against property, ratio per 10000,

ibid.

-crimes produced by sexualtendencies (ibid)

-influence of sex on crimes (crimes

against person)-influence of age on crimes (ibid)-influence of education on crimes

(ibid)-influence of profession on crimes

(ibid & property crimes, crimesagainst chastity)

-on prisons see also Villamor’s

Penologia Estadistica Criminal(1910)

Appendix A Statistical Data

1.q persons accused of offenses

113



prisoner, health conditions,,

corrective aspect of the prison,quasi-military organisation,

Corregidor prisons and provincial jails, place of confinement of

juvenile offenders, San Ramon

Penal colony (Zamboanga), IwahigPenal Colony (Palawan)

14.Remedies against Criminality

Appendix B: Justice and the

Witnesses: description of criminal procedure; comparative cases

against the state 1908-1913, annual

average, ratio per 100002…………public order, iid

3………...falsification and forgery4.Crimes committed by public

officers in exercise of their duties,

ibid5.persons accused of crimes against

the person, ibid

6.persons accused of crimes against public morals, ibid

7….against the reputation, ibid8…. against property, ibid

9…..against personal liberty andsecurity, ibid

10.q persons accused of crimes, ibid11.general classification of persons

accused in different CFIs, ibid12.nationality of persons accused in

CFI, ibid13.classification of persons accused

in criminal cases decided by SC,ibid14………cases registered in

different CFIs according to crimescommited, ibid.

15.general classification of casesregistered in diff CFIs according to

crime committed, ibid.

16……..according to their sentence,

ibid.17……..of accused found guilty by

CFI according to sentence, ibid

18……..according to age, ibid19…………………to sex, ibid20……………… to instruction, ibid

21.comparative q criminal casesfiled in CFI (1970-1908)

22.quinquennial group of the mostcommon crimes (1903-1908)

23-24.ibid (1870-1908)25.general classification of persons

accused according to sentence(1870-1908)

26.general classification of personsaccused in different CFIs by reason

of relapse 1908-191327.classification of juvenile

offenders received in the Hospicio

de San Jose by reason of their sex,ibid.

28.crimes committed by juvenile

offenders, ibid.29.province of country of origin of

juvenile offenders committed toHospicio de San Jose, ibid.

30.general classification of personsaccused of violation of laws of

Commission, Legislature and justiceof peace courts according to age,

1909/10; 1912/13.

114



31.General classification of persons

accused of violation of penal codein justice of peace courts, ibid.

32…………..violations of municipal ordinances in justice of

peace courts, according to

judgement rendered, ibid.33…………convicted and

committed by justice of peace courts

to municipal jails for execution of sentence according to laws

violated/sex, ibid.34.misdemeanors and violations of

Mla city ordinances, ibid.35.Comparative table of murders

and homicides in US and PI 1903-04

36……….prisoners in ibid37……………….in Spain and PI

1906-09 (average and ratio)38………crimes against property

committed in ibid.39……….crimes against public

morals in ibid (average and ratio)40………..cases registered in courts

of Japan and PI 1903-0541………..persons accused of

crimes in ibid (average and ratio)

42………..persons convicted of

crimes in ibid (average and ratio)

10….of miscellaneous crimes

11.registered q accused in eachcourt12.provincial classification of

persons accused of the crime bandolerismo

13……. vagrancy14…….against property

1926/Alzate, Manuel A/

Convict Labor in Philippine

Islands

(cc: photostatic and JPEG)

-International Prison Congress (9th

London, 1925): earlier congresses

focused on penal law, trips to penal

institutions + comparative study of different penal systems; successive

ones included a broader spectrum of

expertise beyond prison managersand penologists i.a. lawyers,

physicians, political and socialscientists. The current congress was

attended by a Phil delegate for the

115



first time (by then asst director of

prisons, Alzate)

I.Introductopry remarks: revealscurrent penological orientation in

PI: inmate reform and training for

economic competenceII.Brief account of prison

organisation in PI

-Bilibid prison-Iwahig Penal Colony

-San Ramon Prison and Penal Farm-Civil Prison at Fort Mills,

Corregidor -Bontoc Prison

-Provincial JailsIII.Laws governing convict labor

IV.How convict labor is employed-industries taught in Bilibid (depts

A-H + miscellaneous)-convict labor in farm and other

activities in Iwahig Penal Colony-Moro convict labor in San Ramon

Prison and Penal Farm-labor of Igorot prisoners in Bontoc

Prison-convict labor in Fort Mills,

Corregidor and in provincial jails

V.Econojmic and Social Value of

Convict Labor VI.Conclusion:

-Questions raised and addressed:

should convict labor exclusivelyenefit State; how state monopolyover convict labor tally with current

inmate reformatory goal; effect of renumerated convict labor?

-average prison population

-illustrations: plan of Bilibid Prisoncoverng a space of 13 has.; modern

hospital in Bilibid built by inmates;furnitures manufactured by inmates

19257Albert, Mariano/

The Law on Crimes

A textbook for class instruction in

criminal law and an index to thecases on crimes as reported in 45

volumes of Philippine Reports andthose published in Official Gazette

up to Dec 1924. Albert was secondassistant fiscal of the city of Mla

1.Introductory-definition of criminal law

-power to define and punish crimes-relative theories justifying such

power (prevention, self-defense,reformation, exemplarity)

-“The Absolute Theory”: Justice

-sources of Phil criminal law-general rule for application of

penal code provisions to special law

offenses-exceptions to rule

-are court decisions or common lawsources of criminal law?

-characteristics of criminal law

116



-application of penal laws

-rules of construction-repeal of penal laws

-effect of repeal of penal laws ingeneral

2.Crime and Misdemeanor

3.Criminal Liability4.Circumstances affecting criminal

liability: exempting circumstances

5.Circumstances affecting criminalliability: mitigating circumstances

6.Circumstances affecting criminalliability: aggravating circumstances

(relating to person, to thing, to place, no. of culprits, number of

offenses committed, impulsivecause of the offense, means or mode

of committing the offense, time) +alternating circumstances (degree of

instruction, relationship, printing,lithography)

7.Penalty-i.a. execution and service of

penalty, penal institutions in PI,classification of prisoners

8.Causes for extinction of criminalliability

9.Civil liability

10.Crimes against internal security

of the state (crimes of treason, thatendanger the peace or independence

of the state, against international

law, piracy)11.Crimes against the fundamentallaws of the state

-lese majeste-crimes against the cortes (Phil

legislature) and its members, andagainst council of ministers

-crimes against the form of government

-crimes committed on the occasionof the exercise of the rights

guaranteed by the fundamental lawsof the state

12.Crimes against public order -rebellion

-sedition

-assaults upon persons in authority-resistance and disobedience

-contempts, insults and threats

against persons in authority-public disorders

13.Forgery and Counterfeiting-forgery fo royal signature

-counterfeiting of seals and marks-counterfeiting of coins

-falsification of documents-fraudulent concealment of property

or business

117



-false testimony

-malicious prosecution-usurpation of authority, rank etc

14.


A Brief Study on the Correctional

Code, Vol 3 #7 Philippine PrisonsReview

(cc)

Villamor: Associate Justice of

Supreme Court of PI

-outlines and proposes changes inthe Penal Code drafted by the CodeCommittee composed of jurists and

an eminent criminologist Rafael del

Pan: corrective rather than punitivein orientation

**compare with revised Penal Code

1932

1933/Baja, Emmanuel/

Philippine Police System and its

Problems

(cc)

Baja sums up 20 years of

experience in the field, identifying

problems and suggesting solutionsaddressed to government, public

and the police forces themselves

Part I: Philippine Police Service

Prior to American Sovereignty1.Introduction

2.Police Service during the Spanish Regime

3.The Police system of the erstwhile Philippine Republic

Part II: The Philippine Constabulary

(the National Police)4.The establishment of a national

military police5.The military arms and the

constabulary

6.Military and Police structure7.The functions of constabulary8.Government custodians of

firearms and explosives

9.Discipline in constabulary10.The constabulary academy

11.The constabulary pension system

12.The relation between theconstabulary and municipal police

13.Constabulary policy in non-Christian provinces

Part III: The Local Police Forces

(The Municipal and the CharteredCity Police)

14.A Brief History of the Municipal Police

15.The municipal police at work 16.The city police of Manila

17.The city police of Baguio

Part IV: Philippine Police Problems (Politics, Internal

Administration, and Corruption)18.Politics and the police

19.The Public, press, courts and the

Police

20.Vice law enforcement, the

-mid-1800s (undated) by rank and qof police forces in various

detachments; data on guardia civilforces 1867, 1872

-statistics on licensed firearms

1910-1932

-data on pension fund: amount after

disbursement, disbursement, 1922-1931

-causes for suspension 1924-28(exec bureau)

-original composition of city police1901; divisions of manila police

force 1930-32; comparative data on police force (Mla vs 3 foreign cities)

118



community and the police

21. The opium law enforcement andthe police

22.Gambling and the police23.Government officials and the

police on gambling

24.Corruption in our police service25.Police procedures

26.Bribery and the police

27.Gifts: Gift givers and policement28.Prostitution and the police

29.Secret societies and the police30.A police pension system

31.A police training school isneeded

32. The non-professional police33.Philippine police statistics

-constabulary activities in

enforcement of Opium Law (q raids,arrested and worth of confiscations,

1920-32)-constabulary statistical records on

gambling (q raids, arrested, money

confiscated 1920-32)

Police Statistics

-strength of constabulary 1901-1932-strength of municipal police forces

-cost of constabulary maintenance(total expenditure, strength and

maintenance cost per capita 1901-32)

-cost of municipal policemaintenance 1906-31

-police expenditures of charteredcities, annual and cost per capita

1900-32-municipal police salaries by

province 1926-31-income exclusive of bonds sold and

expenditures for police maintenanceof insular, municipal and chartered

city government 1921-32; % incomefor police service computed from

the average of each government

entity 1921-30

-gross revenue of municipality,maximum q policement, max

monthly salary of each policeman

-police expenditures per sq mile-police ratio to population

1938/Hurley, Vic/

Jungle Patrol: The Story of the

Philippine Constabulary

(cc)

Introduction1.A setting and a mood

2.Remember Balangiga3.Birth of the jungle police

4.Sputter of insurrection5.The “popes”

6.The pulajans7.Banditry

8.Patrol9.The bloody island (Samar)

10.The strength of the hills11.Magnificent outpost

12.The regular in Samar 13.Mohammedans

14.Years shot with flame: 1906-1907

15.Magnificent youngsters

16.The lengthened patrol17.Death on the kris

18.The second decade

19.The last of the cottas20.Synthetic peace

21.The end of the corps

**description of anti-insurgencycampaign before and after official

hostilities between native rebel andUS forces ceased in 1902. Sketches

encounters in areas outside civiliancontrol.

Appndix: Pay deductions from

various ranks for retirement pay of constabulary force.

1939/Rodriguez, Eulogio/ Rodriguez: acting director, National **biography of Villamor, Ignacio

119



Ignacio Villamor – The Savant

and the Man

Library ***more recent brief biographies of

Villamor can be found in Manuel &Manuel’s (1995) Dictionary of

Philippine Biography, Vol. 4QC:Filipiniana Publications (pp

545-53)

120