Norberto Romualdez writes: "The Filipino people, even in pre-historic times, had already shown high intelligence and moral virtues; virtues and intelligence clearly manifested in their legislation, which, taking into consideration the circumstances and the epoch in which it was framed, was certainly as wise, as prudent, and as humane, as that of the nations then at the head of civilization.1

1 "A Rough Survey of Pre-historic Legislation of the Philippines," I, Philippine Law Journal, November, 1914, pages 149, 179

CHAPTER III

THE SPANISH GOVERNMENT

20. Conquest. The medieval history of the Philippines begins with the expedition of Miguel López de Legazpi and Andrés de Urdaneta, sailing from Mexico in 1564. Legazpi became the first Governor-General and Captain-General. Encomiendas (grants of tracts of land with the people living on them) were allotted, but the native barangays were continued.

The social disintegration of the natives facilitated conquest, and the vagueness of their religious belief made conversion easy. Tact and diplomacy were the principal weapons of the Spaniards. By the beginning of the seventeenth century Spanish rule can be said to have been fairly established. Much of the Philippines, however, particularly the Moro country, was never more than nominally subject to Spain.

21. Colonial Policy. Three motives formed the basis of the Spanish colonial policy. The first was a desire for religious conversions; the second, for commerce; and the third, for political aggrandizement. As a result, nothing short of the permanent retention of the Philippines, with unqualified retention of power, was ever seriously considered.

It is to the credit of Spain that in thus imposing herself on an alien people, the native customs and institutions that did not interfere with the course of government were respected. The Laws of the Indies were protective to a high degree. The chiefs of the barangays were left in authority. All changes

came gradually and cautiously. Innovations were either to suppress heathen practices or to reduce the people to village life in order to provide a means for conversion, or to train them in industry so that they could better support themselves and contribute more money to the colonial establishment.

22. Relations with Spain. - Until Mexico revolted from Spain in 1819, the Philippines were in a sense a dependency of Mexico. After that date, the archipelago was a distinct governmental unit. Included therein were the Philippines, as now known, and the Ladrone, Caroline, and Pelew Islands.

In Spain, the Philippines were under the general control of the Council of the Indies until 1837. After various experiments, they were placed under the Colonial Department in 1863. To this ministry, acting for the Crown, was confided the superior administration of the Islands. Among its important powers were the appointment and removal of all the high officers of the colony.

The Minister of the Colonies was assisted by the Council of the Philippines sitting permanently in Madrid. This body was composed of the sub-secretary and directors of the Minister of the Colonies as members ex-officio, and twelve members selected because of their knowledge of colonial affairs. The Council was consulted by the Minister of the Colonies; it could be required to draft decrees, and it could initiate and present reforms. It proved, however, of little practical utility.

The Philippines, as a colony of the Crown of Spain, except for short periods, did not secure the benefits of the Spanish Constitution. There was an article in the Constitution providing that the Philippine Islands should be governed by special laws. All laws for the Islands originated in Spain. The method in vogue, in accordance with the provisions of

the Laws of the Indies and the Constitution, was to extend the laws or codes of Spain to the Islands by royal decrees.

Many important Spanish laws were thus made effective in the Philippines. Some of them are even in force at the present time, and are worthy of praise. The only part of Spanish law which has been unanimously condemned by impartial critics was that relating to procedure in the courts. This procedural law has been characterized as "skillfully adapted to the promotion of delay, expense, and denial of justice."

"1

23. The Governor-General. The Governor-General was the personal representative of the Spanish Crown in the Philippines. As such, he had close relations with the Minister of the Colonies and was under his immediate control. In addition, he was considered the delegate of each of the home ministries of State, of War, and of Marine, in matters specially pertaining to those departments. He held office at first for a term of eight years, later for three years, but generally, in practice, for no stated period.

Until 1822, no distinctions were made in appointments to the office; from that date the practice was to appoint a general of the army as Governor. The position carried a salary of 40,000 pesos, with liberal allowances for expenses. In case of death, absence on leave, or temporary incapacity, the powers of the Governor-General at first devolved upon the Supreme Court, later upon the Archbishop of Manila. Subsequently the order of succession was changed so that the officer second in command of the army, or, in his absence, the commandant of the naval station, became the Acting Governor-General.

All authors agree in emphasizing the great power of the

1 Preliminary Report of the Second Philippine Commission of November 30, 1900, pages 81, 82.

Governor-General. He possessed all the powers of the King, save where it was otherwise specially provided.

The functions of the Governor-General included, as CaptainGeneral, the chief command of the military and naval forces of the Islands. He could appoint and remove all subordinates of the civil administration, except the few who received royal appointments. He had complete control over all executive matters. He had judicial powers, and for a long period of time was president of the Supreme Court. His extensive prerogatives extended to all matters pertaining to the integrity of the territory, the conservation of public order, the observance and the execution of the laws, responsibility for the revenues, and the protection of persons and property.

Various restrictions on the authority of the GovernorGeneral were attempted. One notable method was the ordeal of the residencia at the expiration of office. This was a peculiar Spanish institution designed to hold colonial officials to strict accountability for all acts during their term of office. One or more commissioners, generally the successor in office, appointed for the purpose, opened a court, usually for six months, at which all persons with grievances against the outgoing official could present their charges. Report was then made to the home government. This method of enforcing responsibility was of varying efficacy. Eventually it fell into disuse.

24. Central Advisory Bodies. During the latter part of the nineteenth century the Governor-General was assisted in the administration of the Islands by two deliberative bodies, the Board of Authorities and the Council of Administration. The first, created by a royal decree of April 16, 1850, served as a cabinet to the Governor-General; the latter, established pursuant to a royal decree of July 4, 1861, was a representative advisory board. Neither had legislative functions, ex