V

follows: "Be it resolved by the Senate, the House concurring, that," etc.

There is also a form of resolution used by the Philippine Legislature commonly called "Resolution of the Legislature.” It differs from a concurrent resolution in that it is passed in joint session, instead of in separate sessions; it is also different from a real joint resolution in that it does not require the signature of the Governor-General, and it has not, therefore, the force of law. This resolution is used for the expression of the opinion of the Legislature on matters of great importance. Thus, most statements of the Philippine Legislature on the independence question are couched in this form of resolution.

132. Philippine Laws. - The Philippines are in the curious position of having laws with both Spanish and American antecedents. The authorities saw fit to continue certain of the old Spanish laws, although these have been modified from time to time by the Legislature. Another important law, the Code of Criminal Procedure, was promulgated by the Military Governor, while the Code of Civil Procedure was enacted by the Philippine Legislature. When the Philippine Commission was the legislative body for the Philippines, it passed exactly eighteen hundred laws. Since then, the Philippine Legislature has enacted many other important laws, so that at the present time there are about three thousand laws in force.

The most important and extensive of the Philippine laws are called Codes. At the present time, the Philippine codes are the Civil Code, the Code of Commerce, the Administrative Code, the Code of Civil Procedure, the Code of Criminal Procedure, and the Penal Code. When the plan of the Code Committee goes into effect, there will be no Code of Commerce, the Penal Code will be changed into the Correc

tional Code, and the Code of Criminal Procedure and the Code of Civil Procedure will be combined in a Remedial Code.

The Codes are published in English and Spanish in separate volumes. The other Philippine laws appear in English and Spanish first in the Official Gazette, and later in volumes known as the "Public Laws of the Philippine Islands."

CHAPTER XV

THE JUDICIARY

133. The Judicial Power. The judicial power of the Philippine Government is vested in the Supreme Court of the Philippine Islands, Courts of First Instance, Justice of the Peace Courts, and the Municipal Court of the City of Manila. The Supreme Court and the Courts of First Instance are called the courts of superior jurisdiction. The Supreme Court of the United States may also be considered as a part of the Philippine judiciary.

134. Independence of the Philippine Judiciary. - The judiciary must be kept independent so that it can do justice to all. It must not be subject to control or direction by the other departments. This has been the objective of the judiciary established since American occupation.

To attain judicial independence the term of office of a judge or justice is practically for life. Justices of the Supreme Court are appointed by the President of the United States with the consent of the American Senate. Judges of first instance, auxiliary judges of first instance, and justices of the peace are appointed by the Governor-General with the consent of the Philippine Senate. But judges and auxiliary judges of first instance can only be dismissed from office upon the recommendation of the Supreme Court. Justices and auxiliary justices of the peace can be removed only upon the recommendation of the judge of the Court of First Instance of the province concerned.

The

135. The Supreme Court of the United States. Supreme Court of the United States is the final court of appeal for judicial cases. It has jurisdiction over the final judgments and decrees of the Supreme Court of the Philippine Islands in all cases in which the Constitution or any statute, treaty, title, right, or privilege of the United States is involved, or in cases in which the value in controversy exceeds 50,000 ($25,000), or in which the title or possession of real estate exceeding in value the sum of P50,000 ($25,000) is brought in question. Very few cases can thus be taken to the United States Supreme Court.

136. The Supreme Court of the Philippine Islands. The Supreme Court of the Philippine Islands is the highest court in the Philippines. XIt consists of nine members, the Chief Justice and eight Associate Justices. They are appointed by the President of the United States, with the consent of the United States Senate. The Court is divided into two divisions to decide ordinary cases, but the more important cases are heard by the entire Court. The clerk of the Supreme Court and the reporter of the Supreme Court are its principal officers.

The Supreme Court is in regular session in Manila from the first of July to the first of April of each year. During the vacation period either one of the justices remains on duty, or a special division of the court decides cases. The Supreme Court has appellate jurisdiction over all cases brought to it from Courts of First Instance and the Public Utility Commission. It also has original jurisdiction to issue writs of mandamus, certiorari, prohibition, habeas corpus, and quo warranto, and to decide controversies between the Roman Catholic Apostolic Church and the Aglipayan Church.

137. Sessions of the Supreme Court. The Supreme Court may sit in banc, that is, as a body, or it may sit in two