(Alumni are requested to contribute to this department) Alexander Reyes is with us again, not as a student, but as a lecturer in Philippine Government. Emilio P. Virata delivered an oratorical masterpiece at the Open Meeting of the Philippine Barristers. 1916 Paulino Gullas is editing "The Freeman" in Cebu. 1917 Jose A. Ledesma has recently been assigned as Acting Chief Clerk of the Bureau of Commerce and Industry. Jose P. Melencio is the President of the Filipino Club established in Washington, D. C. He has graduated from Georgetown University Law School with the degrees of Master of Laws and Master of Patent Law. He has been in the diplomatic service of the United States in Cuba, and is now connected with the Publicity Bureau of the Philippine Independence Commission at Washington, D. C. 1918 Felix B. Bautista is now taking post-graduate work in Georgetown University Law School, and is specializing in Patent Law. COLLEGE OF LAW STILL HOLDING ITS OWN The result of the first exercise of the last bar examination again showed the superiority of the College of Law, University of the Philippines, over all other law schools. in the Philippines. Heading the list of the successful candidates were Messrs. Bengzon and Agrava, who obtained a general average of 91-% and 90-%%, respectively. Five other College of Law graduates were among those who obtained the highest grades in the first exercise. Of the thirty-eight candidates from said College only one failed. LAW FORUM The students of the College of Law were privileged this year to hear Mr. Julean Arnold, commercial attaché to the American embassy at Peking, as the speaker ni their law forum, on Saturday evening, September 13th. Mr. Arnold spoke for about an hour and half on the subject of "New China,” and during the whole period he was listened to with breathless interest, interrupted only by occasional applauses. He was, undoubtedly, one of the most interesting speakers that ever addressed the law forum. PHILIPPINE LAW JOURNAL Vol. VI NOVEMBER, 1919 No. 4 SHOULD THE MUNICIPALITIES IN EACH PROV. BY ARTURO ARCE IGNACIO, LL. B. INTRODUCTION Justice, the establishment and enforcement of which is the object of all law, is a comprehensive term in which are included the three great objects for which, according to the declaration, of independence, governments among men are instituted. Whatever rule of the unwritten law, therefore, is at variance with this great purpose of justice the security of life, liberty and the pursuit of happiness is one not suited to our condition and circumstance. In its common acceptation, justice means the rendering of every man his due Memphis Railroad Co. v. Blakeny 42 Min. 218, 224. Justice is the basis of society, a sure bond of all commerce; the dictate of right according to the consent of mankind generally or of that portion of mankind who may be associated in one government, or who may be governed by the same principles and morals. Duncan v. Neagette, 25 Tex. 245, 252. CHAPTER I THE OFFICE OF THE JUSTICE.OF THE PEACE IN GENERAL. A. Definition.—In American law a justice of the peace is a judicial officer of inferior rank, holding a court not of record, and having usually civil jurisdiction of a limited nature, for the trial of minor cases, to an extent prescribed by statute and for the conservation of the peace and the preliminary hearing of criminal complaints and the commitment of offenders. (Black Law Dictionary.) In English law, justices of the peace, are judges of record appointed by the crown to be justices within a certain district for the conservation of the peace and for the execution of diverse things, comprehended within their commission and within diverse statutes committed to their charge. (Black Law Dictionary.) In the Philippine Islands, like in America, justices of the peace, are courts not of record, of inferior rank, which take cognizance of civil and criminal cases prescribed by law. CHAPTER II HISTORY OF THE JUSTICE OF THE PEACE COURTS A. Antiquity and Origin.—In an article written by Sir Frederick Pellock, one of the most eminent lawyers England has ever produced, published in 13, Harvard Law Review, p. 184, he made an allusion to the fact that the office of the justice of the peace is the most ancient of which it can be said that its powers are wholly derived from statutes.. This statement was, of course, referred to his native country, England; and, it is to this country that we must look for the origin of the office of the Justice of the Peace as it now exists not only in America and in Continental Europe, but in the Philippines, as well. The importance of the office during the ancient time is very well expressed by Sir Edward Coke who lived three centuries before Pellock in his Fourth Institute p. 170. He said: "It is such a form of government for the tranquility and quiet if the realm as no part of the Christian world hath the like if the same be duly exercised." B. In Foreign Countries.— 1. England. At the beginning of the thirteenth century there existed a class of local offices denominated "conservatories pacis," or keepers of the peace. Their duties at first were ministerial in character but later on were invested with criminal jurisdiction. (Howard on the Development of the King's Peace and the English Local Peace Magistracy, 1 Nebraska University Studies 255. This was in 1344. Sixteen years later, the permanent office of the justice of the peace was created. As years passed by, civil jurisdiction of minor importance was acquired but the bulk of the judicial work have always been confined mainly with the administration of the criminal court. (Howard, 1 Neb. University Studies 180.) In England the justice of the peace is also a country officer and the position implies an unusual dignity and social prestige. (American and English Encyclopedia of Law 2nd ed., 33, 35.) 2. America. The office was transplanted to this country by the early English, colonists. In the United States the justic es courts were given civil jurisdiction which was gradually extended until that court has the one for the trial of small causes mostly those arising out of contract. (Schroesler v. Ehlers. 31 N. J. L. 44; Taylor v. Woods, 52 Alabama 474.) 3. France. During the Revolutior Frence aboushed the ancient courts known as "parlements" and introduced reforms into her judicial system. (9 Encyclopedia Británica, 9th Ed., p. 600.) The jury system similar to that of the English Parliament was introduced by the French reformers and baptized the new institution under the name of "Juge de paix." This officer was placed in charge of the lowest tribunal— the cantonal. (Rougemont La France p. 23.) In France the "juge de paix" differs from that of England in that while in the latter the jurisdiction of the justice of the peace had been almost exclusively criminal, in the former he was given civil jurisdiction also. Judgment rendered hv him in cases involving an amount of 100 francs (P40) is final; but, in cases ranging from one hundred to two hundred francs, appeal. may be taken to the Superior Court. (9 Encyc. Britanica, 9th Ed., 511.) Before resorting to the hearing and trial of any case presented to him, a “juge de paix" must first to his utmost to arbitrate between the litigants. All efforts must first be resorted to, to bring the parties together. (Lobingier Philippine Practice.) In criminal matters the "Juge de Paix" has cognizance of minor offenses-probably county or city ordinance-whose punishment exceed a fine of fifteen francs (P6) or inprisonment for five days. (Lobingier Philippine Practice p. 5.) 4. Spain. As to the source of the justice of the peace court in this country authorities are evenly divided. Some maintain that the Spanish reformers borrowed the system from French revolutionists; other contend that the system was taken from England itself, because the Spanish reformers were somewhat under the influence of the great English law reformer Jeremy Bentham. Whoever of these authorities was correct, the writer believes that there exists no material difference. As we have seen, the French reformers borrowed the system from England, and consequently with the exception of the power exercised by the justice of the peace in the two countries, the primordial aim of the authorities in both was equal;—that is, justice must be properly administered. The Cadiz constitution of 1812, framed under the influence of the reformers, established the "juicio de conciliation," (Berriz, Guia Práctica de los Juzgados de Paz, Manila, 1893, Vol. II, p. 1) probably taken from the Code Napoleon which had been promulgated only eight years before. (Lobingier, Philippine Practice, p. 5.) This was designated as the "Juicio de paz” in the "Reglamento provisional para la administración de justicia” in 1835. (Berriz, Guía Práctica de los Juzgados de Paz, Vol. II, p. 1, Manila 1893.) In 1855 the office of "Juez de Paz" was established under that name, one being appointed for each pueblo with both civil and criminal jurisdiction. C. In the Philippine Islands.-Thirty years after the establishment of the justice of the peace courts in Spain, the system was introduced into the Philippines in 1885. On May 29th of that year, a Royal Decree, provided for the appointment.by the Governor-General, upon the nomination of the Chief Justice of the Supreme Court, then called President of the Audiencia of Manila, of justices of the peace. The President of the Audiencia received nominations from the judges of the courts of first instance thruout the Archipelago, who in turn consulted the parish priest of the town and the civil governor of the province. (Report of the Philippine Commission, 1900, Vol. 1, p. 59). They were regarded as officers of the Municipality; in fact they were mentioned in the Organic Provision as Municipal judges, having jurisdiction to try cases wherever the amount claimed did not exceed two hundred pesos, in administration proceedings, to make preliminary orders in pueblos where no court of first instance held session, in proceedings for conciliation, and to conduct preliminary pro |