Page:The Philippine Islands, 1493-1803 (Volume 05).djvu/280

 carried out, although it be contrary to that of the original trial.

7. Item: In the hearing and judging of said cases, either civil or criminal, the decision shall be whatever meets the approval of the majority; and should they be equally divided, two or three of the judges shall choose, impartially and in whatever manner may seem best to them, an advocate for the determination of the case upon which they have disagreed. The decision of the majority must be executed, even if this majority consist of but two. If there be but two judges in the Audiencia, they are empowered to try and determine all the said cases alone; if they can agree, their decision is valid, and in case of disagreement, they shall choose judges in the manner above described. If at any time there should be but one judge in the Audiencia, he is empowered alone to conduct the proceedings in all the said cases up to the point of rendering final decision. He may make investigations and issue orders for arrest, and when the affair is submitted for final decision, he may choose an assistant judge satisfactory to him. He is empowered to pursue this same course in cases of damage which cannot be repaired by definite sentence; and in a civil case of two hundred pesos or less, he is empowered to conduct alone an original trial or an appeal, as he may also do in criminal suits for slander.

8. Item: We ordain and command with regard to civil cases appealed from the alcaldes-in-ordinary of the city where the Audiencia may be, or from the other magistrates within five leagues thereof, that they may be appealed before the Audiencia; and if the judgment given by the Audiencia in said cases be