of Courts of First Instance shall be of two kinds: (a) Original; and (b) Appellate." 11 "Courts of First Instance shall have original jurisdiction: (a) In all civil actions in which the subject of litigation is not capable of pecuniary estimation; (b) In all civil actions which involve the title to or possession of real property, or any interest therein, or the legality of any tax, impost, or assessment, except actions of forcible entry into and detainer of lands or buildings, original jurisdiction of which is by law conferred upon courts of justice of the peace; (c) In all cases in which the demand, exclusive of interest or the value of the property in controversy, amounts to two hundred pesos or more; (d) In all actions in admiralty and maritime jurisdiction, irrespective of the value of the property in controversy or the amount of the demand; (e) In all matters of probate, both of testate and intestate estates, appointment of guardians, trustees, and receivers, and in all actions for annulment of marriage, and in all such special cases and proceedings as are not otherwise provided for; (f) In all criminal cases in which a penalty of more than six months' imprisonment or a fine exceeding two hundred pesos may be imposed; (g) Said courts and their Judges, or any of them, shall have power to issue writs of injunction, mandamus, certiorari, prohibition, quo warranto, and habeas corpus in their respective provinces and districts, in the manner provided in title forty-one hereof; (h) Of all crimes and offenses committed on the high seas or beyond the jurisdiction of any country, or within any of the navigable waters of the Philippine Islands, on board a ship or water craft of any kind registered or licensed in the Philippine Islands in accordance with the laws thereof. The jurisdiction herein conferred may be exercised by the Court of First Instance in any province into which the ship or water craft upon which the crime or offense was committed shall come after the commission thereof: Provided, nevertheless, That the court first lawfully taking cognizance thereof shall have jurisdiction of the same to the exclusion of all other courts in the Philippine Islands." 12 The several courts of VIII. the Judiciary, Title 29, Ch. first instance in the Philippine Islands and the District Court of the Canal Zone shall have jurisdiction of offenses committed within their respective districts, and concurrent jurisdiction with the District courts of the United States of offenses under this Act committed upon the high seas and of conspiracies to commit such offenses as defined by section thirty-seven of the Act entitled "An Act to codify, revise, and amend the penal laws of the United States," approved March fourth, nineteen hundred and nine, and the provisions of such section for the purpose of this Act are hereby extended to the Philippine Islands and to the Canal Zone. 13 "Courts of First Instance shall have appellate jurisdiction over all causes arising in justices' and other inferior courts in their respective provinces." 14 "A judge of First Instance shall have power to issue writs of injunction and to make orders appointing receivers in causes pending in the Court of First Instance within his district, and all other preliminary and interlocutory orders, when he is within the district but without the province; and to hear and determine, when within the district but without the province, any interlocutory motion or issue after due and reasonable notice to the parties; but all final hearings shall be had within the province unless the parties by their counsel consent in writing to a hearing at a place not within the province. On the filing of a petition for the writ of habeas corpus or for release upon bail or reduction of bail in any Court of First Instance, the 209. Garcia v. Ambler, 4 Phil. Rep. 81. 11 § 2204, Compilation Acts of the Philippine Commission 1908, Part 209. 12 § 2205, Compilation Acts of the Philippine Commission 1908, Part 13 40 St. at L. 425, $18, Comp. St., § 3112ii. VIII. the Judiciary, Title 39, Ch. 209; U. S. v. Sweet, 1 Phil. Rep. 18; Legarda v. Valdez, 1 Phil. Rep. 146; U. S. v. Fowler, 1 Phil. Rep. 614; U. S. v. Dasal, 3 Phil. Rep. 6; Benedicto v. De la Rama, 3 Phil. Rep. 34; Springer v. Odlin, 3 Phil. Rep. 344; Artacho v. Provincial Board of Pangasinan, 4 Phil. Rep. 670; Ochlers v. Hartwig, 5 Phil. Rep. 487; Castano v. Lobingier, 7 Phil. Rep. 91; Rafferty v. Judge of First Instance, 7 Phil. Rep. 164. See, also, chapters 238 and 256, and cases there cited under different subjects mentioned in this section. The phrase "admiralty and maritime ju risdiction" did not put in force in the Philippines the law, practice, and procedure in force in admiralty courts in the United States, Ivancich v. Odlin, 1 Phil. Rep. 284; Heath v. Steamer "San Nicholas," 7 Phil. Rep. 532. For annulment of marriage and divorce see Benedicto v. De la Rama, 3 Phil. Rep. 34; Ibanez v. Ortiz, 5 Phil. Rep. 325. 14 § 2206, Compilation Acts of the Philippine Commission 1908, Part VIII. the Judiciary, Title 39, Ch. 209. hearing may be tried at any place in the judicial district which the judge shall deem convenient. All criminal trials must be tried at the place designated in the law as the place at which the court having jurisdiction thereof shall be held, unless the Secretary of Finance and Justice shall otherwise order, as provided in section twenty-two hundred and twenty-seven hereof." 15 "In every province in which there now is, or shall hereafter be established, a Court of First Instance, courts of justices of the peace shall be maintained in every organized municipality." 16 "In all civil actions including those mentioned in sections twenty-six hundred and ninety to twentyseven hundred, inclusive, hereof, arising in his municipality and not exclusively cognizable by the Court of First Instance, the justice of the peace shall have exclusive original jurisdietion where the value of the subject-matter or amount of the demand does not exceed two hundred pesos, exclusive of interest and costs; and where such value or demand exceeds two hundred pesos but is less than six hundred pesos the justice of the peace shall have jurisdiction concurrent with the Court of First Instance. In forcible entry and detainer proceedings the justice shall have original jurisdiction but he may receive evidence upon the question of title therein solely for the purpose of determining character and extent of possession and damages for detention. A justice of the peace shall have no jurisdiction to adjudicate questions of title to real estate or any interest therein, and whenever a case requiring such adjudication is brought before him it shall be his duty, upon discovering the same, to suspend further proceedings therein and certify the cause forthwith to the Court of First Instance. The jurisdiction of a justice of the peace shall not extend to civil actions in which the subject of litigation is not capable of pecuniary estimation, except in forcible entry and detainer cases; nor to those which involve the legality of any tax, impost or assessment; nor to actions involving admiralty or maritime jurisdiction; nor to matters of probate, the appointment of guardians, trustees, or receivers; nor to actions for annulment of marriage." 17 "The territorial jurisdiction of a justice of the peace, except in the case of ex officio justices and in other special cases provided by existing law, shall be coextensive with his municipality, and the civil process of his court shall not run beyond the same except to summon a defendant impleaded with one who resides and has been served therein as provided in section twenty-four hundred and seventy-nine hereof. Forcible entry and detainer actions shall be brought in the municipality where the subject-matter thereof is situated. All other proceedings shall be instituted in the municipality wherein a defendant resides or may be served with summons." 18 "Justices of the peace, except in the city of Manila, shall have original jurisdiction to try parties charged with misdemeanors, offenses, and infractions of municipal ordinances, arising within the municipality, in which the penalty provided by law does not exceed six months' imprisonment or a fine of two hundred pesos, or both such imprisonment and fine." 19 "Concurrent jurisdiction is hereby conferred upon the justices of the peace for the municipalities of Iloilo and Buenavista over causes arising in the barrio now known as Sanao, on the Island of Guimaras, in the Province of Iloilo, anything in existing law to the contrary notwithstanding: Provided, however, That the justice of the peace first acquiring jurisdiction over any cause shall have exclusive jurisdiction thereof.'" 20 "The governor of the Province of Palawan is hereby made ex officio justice of the peace with authority to perform all the duties of a justice of the peace throughout the whole of the Province of Palawan. His jurisdiction as justice of the peace shall be concurrent in every municipality and in every part of said province with that of the proper justice of the peace of the municipality. The fees that would accrue to a justice of the peace shall, in all cases where the provincial governor acts as justice of the peace, be covered into the treasury of the province for the general purposes of the province." 21 "The governor of the Province of Mindoro is hereby made ex officio justice of the peace with authority to perform all the duties of a justice of the peace throughout the whole of the Province of Mindoro. His jurisdiction as justice of the peace shall be concurrent in every municipality and in every part of said province with that of the proper justice of the peace of the municipality. The fees that would accrue to a justice of the peace shall, in all cases where the provincial governor acts as justice of the peace, be covered into the treasury of the province for the general purposes of the province." 22 "The Governor-General is authorized, with the advice and approval of the Philippine Commission, to appoint a justice of the peace and auxiliary justice of the peace, from time to time, for the Island of Basilan, notwithstanding said island has been included within the municipality of Zamboanga by Act Numbered Twenty-one of the legislative council of the Moro Province. The justice of the peace and auxiliary justice of the peace appointed by virtue of this section shall have jurisdiction throughout the Island of Basilan to the same extent and with the same effect as though the Island of Basilan constituted a regular municipality. The justice of the peace and auxiliary justice of the peace for the municipality of Zamboanga shall not have jurisdiction within the Island of Basilan.” 23 15 § 2229, Compilation Acts of the Philippine Commission 1908, Part VIII. the Judiciary, Title 39, Ch. 209. U. S. v. Tan Bauco, 4 Phil. Rep. 325. 16 § 2234, Compilation Acts of the Philippine Commission 1908, Part VIII. the Judiciary, Title 39, Ch. 210. 17 § 2237, Compilation Acts of the Philippine Commission 1908, Part VIII. the Judiciary, Title 39, Ch. 210. 18 § 2238, Compilation Acts of the Philippine Commission 1908, Part VIII. the Judiciary, Title 39, Ch. 210. 19 § 2239, Compilation Acts of the Philippine Commission 1908, Part VIII. the Judiciary, Title 39, Ch. 210. 20 § 2240, Compilation Acts of the Philippine Commission 1908, Part VIII. the Judiciary, Title 39, Ch. 210. "The commission has also passed statutes regulating the practice in these courts in civil 24 and criminal procedure. 25 The power to enact such legislation is given by the Act of July 1, 1902.26 21 § 2241, Compilation Acts of the Philippine Commission 1908, Part VIII. the Judiciary, Title 39, Ch. Philippine Commission 1908, Part 210. 22 § 2242, Compilation Acts of the Philippine Commission 1908, Part VIII. the Judiciary, Title 39, Ch. 210. 23 § 2443, Compilation Acts of the 210. 24 Ibid. Title 41, chaps. 29-275, §§ 2403, 3248. 25 Ibid. Title 42, chaps. 276-290, § 3249, 3375. 26 39 St. at L. 691, 695; unchanged in this respect by Act of |