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Vice-President and Councillors of thewould necessary that such documents
Court and purporting to be a copy of
of a repugnant to those of an earlier Act that Lusfance of Cehu in the case of the United document authorizing the arrest
A document the two cannot stand together, the earlier States ». Vicente Sotto, et al, for abduction, person accused of crime.
the final judgment and sentence of the bearing the official seal of the Department stands impliedly repealed by the later. aid tiefendant in and by the Supreme Court of Justice at The Hague signed by the I am therefore of opinion that it is not Philippine Islands, an Appeal. end the
be sealed provided that the mandate and order of
of the
said Supreme Court Court directing the execution of the said decree of the Court in which were recited requirements of Section 15 of the Act have
been complied with. I therefore And tence shown by the records of the said the charges made against the prisoner and that the documents herein have han
the sait criminal cause on
decision
of the Criminal Court of fact Court in appeal being cause No. 3,774 on the docket Appeal that proceedings should be taken duly authenticated within the meaning of said Supreme Court. That said accused against him and
I which in terms authorized of Section 15, Sub-section 3 of the also find 15 a icente Sotto has not filed any bond nor 1's arrest was produced before a Police Extradition Act 1870.
herein have been ndertaking in the Supreme Court of the Magistrate as the foreign warrant under fact that the documents Philippine Islands to stay the execution of Section 10. Held that it was sufficient as duly authenticated within the meaning the said sentence, and such sentence is in a judicial document authorizing out by the oath of the witness Thomas Carey Section 15 of the Extradition Act 1870, and was duly authenticated and satisfied
to points the provisions of the Section. Mr. Justice Welch. My finding with respect In witness whereof, I here into sign my Manisty stated in his judgment: It is 2 and 3 is therefore against the defendant. 5th day of December, nineteen hundred and, in my opinion, an originar certainly does The fourth point was that by Section 8 I shall now deal with the 4th point.
full force and effect.
game and affix the seal of the Court this
document, not
of
not lay down the rule that, a copy of a of the Habeas Corpus Act the matter was judicial document which does not bear a res judicata. seal is not receivable on evidence in Extradition proceedings.
twelve.
a copy at
(Signed) (. S. ARELLANO,
Chief Justice.
Supreme Court, Philippine Islands.
Exhibit 3 is as follows:-
United States of America,
17!
Section 6 of the Habeas Corpus Act (31 Car, 2, C2) is as follows:-
I was referred by Mr. Brutton to the] "And for the prevention of unjust following head note in the case revexation by reiterated commitments for the Government of the Philippine Islands. Vicente Sotto already referred to. The same offence; be it enacted by the authority Executive Burean.
had note is as follows:In the cast aforesaid that no person or persons which a convicted fugitive the conviction shall be delivered or set at large upon any must be properly authenticated according Habeas Corpus shell at any time hereafter to English law and it is essential thai be again imprisoned or committed for the same offence by any person or persons what-
United States of America," 301
Philippine Islands, City of Manila.
S.S.
1. Frank W. Carpenter. Executive Secre- each sheet of the record should be certi rary for the Philippine Islands, do hereby fied; unless this is done the Court has tsoever, other than by the legal order and
ertify that Cayetano 8. Arellano, whose,
evidence of the crime having been com process of sneh Court wherein he or they name appears signed to the foregoing certi milted and cannot know whether the shall be bound by recognizance to appear. ficate made by him, is Chief Justice of the essential condition that the act must alse or other Court having jurisdiction of the Supreme Court of the Philippine Islands duly he criminal by the law of the Colony is cause, and if any other person or persons appointed, qualified, commissioned and acting fulfilled." In the body of the judgment shall knowingly contrary to this Act recom-
as such; that the said Supreme Court is Sir Francis Piggott expresses himself! mit or imprison, or knowingly procure or Grause to be recommitted or imprisoned for Court of Record: that all of his official acts
the same offence or pretended offence, any
is a
thus--
are entitled Jull faith and credit; that' The record starts with a sealed document person persons delivered or set at large his foregoing certificate is in due form, that signed by the Governor-Geuera! of the aforesaid, or he knowingly aiding or his signature theretu is genuine and the Philippines and ends with a sealed certi assisting therein, then he or they shall for- seal attached thereta is the seal of the said teate of the Chief Justice, but in hetween feit to the prisoner or party grieved the are a number of loose sheets which are not sum of five hundred pounds, any colourable
Court.
Given under my hand and under the fortified to and consequently sheets might pretence or variation in the warrant or great seal of the Government of the Philip have been extracted and extraneus sheets warrants of commitment not withstanding
It is most to he recovered as aforesaid." pine Islands at the City of Manila this might have been introduced. Twenty-eighth of May. A.D). ninaterad: and 1 duly refer to the practice "And for the prevention of unjust voxa The section commences as follows:- important that overy sheet should be verte,
Tindred and thirteen,
(Signed) FRANK W. CARPENTER,
Executive Secretary for the
in regard to the records which go home to tion by reiterated commitments for the the Privy Council to emphasise the statement same offence. This portion of the that this is the English law. Possibly when section shows the principle upon which Philippine Islands, the record came to the Colony all these sheets a labeas Corpus under the Act is based Exhibits 3, 36 and 3 are securely were joined together at the top, as 1 believe that no person shall be vexed again for the same crime. The section then goes bound together with red silk tape. A is the American method, but they are not
on as follows:-"Be it enacted by the authority aforesaid that no person or
piece of this red silk tape is attached to would first point out that in the head persona which shall be delivered or set
Exhibits and a guld seal is placed over I
the red silk tape. On the gold seal is note the words are. It is essential that
iembossed the seal of the Supreme Court each short of the record should be certi at large upon any liabeas Corpus shall at any time hereafter be again im of the Philippine Islands. Exhibit 3d
whereas fied,"
in the body of the judgment prisoned or committed for the SEINe
and 3 are also joined together at the top the words used are, "It is most importanti offence by any person or persons what- by means of a piece of red silk tape. The that each sheet should be
certified. soever."
said red silk tape is encried from Exhibit With respect to the present documents I would especially call attention to the 3d to Exhibit. 3 and a gold seal is placed there are certainly no loose sheets, and words "game offence.
over the red silk tape in Exhibit 3. On I think it impossible for any person toi These words are more stringent than this gold seal is embossed the Great Seal extract any of the sheets and introduce the rule laid down with respect to the of the Philippine Islands.
any extraneous sheets. I shall now refer common law plea of autrefois nequit, I was referred by Mr. Brutton to Lord to Section. Sub-section 3, of the Act of which is that the acquittal was on the
1870. This sub-section reads as follows Brougham's Act, 14 and 15 Viet., 90.
merits. The section then goes on, “other
into our Evidence Ordinance No. 2 of ment stating the fact of conviction pur-bound by recognizance to appear or other Part of that Act has been incorporated If the certificate of the judicial docu- than by the legal order and process of such Court wherein he or they shall be 1889. In Section 23 of our Ordinance we ports to be certified by a judge, magistrate Court having jurisdiction of the cause. And these words, and if the document for officer of the Foreign State where the In Maxwell on Statute on page 120 the sought to be proved is a judgment decree conviction took place." I am of opinion learned author deals with this subject order or other judicial proceeding of any that the certificate of the Chief Justice of thus: So, the 6th Section of the Court of Justice or any Consulate in any the Philippine Islande (Exhibit 3) is a Habeas Corpus Act which for the preven- Foreign State or in any other British sufficient certificate within the meaning tion of unjust vexation by reiterated com- Colony or an affidavit, pleading or other of this sub-section.
mitments for the same offence except by the
legal document filed or deposited in any After Sub-section 3, Section 15 goes on Court wherein he is bound by recognis such Court or Consulate, the authenticate as follows: And if in every case the auce to appear or other Court having copy to be admisible in evidence must warrants, depositions, statements, copies, jurisdiction in the cause would not purport either to be sealed with the seal certificates and judicial documents (as extend to a case when the discharge was of such Court or Consulate or in the event the case may be) are authenticated by the made on the ground that the commitment of such Court having no seal to be signed oath of some witness."
made without jurisdiction by the Judge, or, if there are more Judges asked in examination in chief, Have arrested on the second occasion was the
Mr. Welsh was had been
though the offence for which he was than one, by any one of the Judges of such you examined 34, 36 and 3e with the same: for this was obviously beyond the Court, and such Judge shall attach to his official Records?" He gave the answer :-object of the Act." signature a statement in writing on the I have examined them and they are the reference of the Attorney-General of Maxwell also gives said copy that the Court whereof he is true copies of such Record. Lord Hongkong ". Kwok A Sing, L.R. 51 P.C. Judge has no seal." Here it is laid down Brougham's Act, 14 and 10 Viet., C 99, 179. I was also referred to the case of that the copy itself must bear the seal. which requires that a foreign judgment
2 Governor of Brixton Prison
I was referred by Mr. Brutton to the itself must be sealed, was passed in 1851. Aaprte Stallmann. In Kwok A Sing's ease of Reg. c. Ganz, 51 L.J. (Q.B.D.). The Extradition Act (33 and 34 Vict., case the Privy Council held that the first P 419. The head note to the case is a C 52), which does not require that a warrant of committal was illegal and follows By Section 10 of the Extradi- foreign judgment itself should be sealed, beyond the jurisdiction of the Magis tion Act 1870, the Pelice Magistrate has was passed in 1870, nineteen years after Erate. Mellish L.J. on page 210 states as authority to commit a foreign criminal if the passing Lord Brougham's Act. follows: On the whole, therefore, they she foreign warrant authorizing his arrest Maxwell in Chapter VII. dealing with the are of opinion that the warrant by which is duly anthenticated: and by Section 26 subject of repugnancy makes the follow the Magistrate authorized the Governor warrant is defined in the case of any ing statement. If the provisions of a if he thought fit to deliver Kwok A Sing Foreign State to include any judicial later Act are so inconsistent with or to the Chinese Authorities to be tried by