That PAPEL DE POBRES
(Paper for the Poor) had been created prior to 1822 is clearly indicated
in Article 16 of the Royal Decree of July 13, 1822, quoted hereafter. [12]
Therefore, lacking evidence of any other Royal Decree by which it might
have been created, it is presumed that PAPEL DE POBRES was created by the
Royal Instruction of June 28, 1794, The uses of PAPEL DE POBRES are given
in Articles 40 and 41 of the Royal Cedula of February 12, 1830 which is
quoted in full hereafter. [13]
Although Article 23
of the Royal Decree of July 13, 1822, might be interpreted to mean that
the price of a sheet of stamped paper of the fourth class was at the time
higher than the price of a sheet of Official Paper, such does Not appear
to have been the case. All specimens who have been seen of Official
Paper on which a price is indicated have a price of “1 cuartillo” which
is the same as the price of stamped paper of the fourth class. Official
Paper was used for actuations in which at the beginning of the action there
did not appear to be any private individual who should be charged with
the cost of the paper. In such cases the Government at the time it
was used paid for the paper. If subsequently any private individual was
condemned to pay the costs, the officials of
the Court were required to collect from him the cost of the Official
Paper, which had been used.
Other hand, if it had
been evident in the beginning that a private individual was liable for
the cost of the stamped paper, a stamped paper of the fourth class
would have been used and its cost would have paid for it as the time
it was used. Such a situation is described in Article 50 of the Royal
Cedula of February 12, 1830. [14]
THE ROYAL ORDER
OF JULY 13, 1822
Fernando VII, by the
Royal Decree of July 13, 1822, provided for the Philippines a new Stamped
Paper Law, which extended the use of stamped paper to many documents,
particularly Commercial documents, which had not hitherto been subject
to the Stamped paper tax. This decree was supplementary to
the Instruction of June 28, 1794, which was continued in force. The
Royal Decree of July 13, 1822, as published in Manila on June 17, 1823,
nearly a year later, is as follows:
Don Fernando VII,
by the Grace of God and by the Constitution of the Spanish Monarchy,
King of Spain, to all those who see and understand these presents, Know
ye: That the Cortes has decreed the following: The Cortes using the power
which is granted by the Constitution, decrees the following:
-
Article 1: The use
of stamped paper will be subject to the provisions of the instruction of
the 28th of June 1794, and to the provisions of this decree.
Article 2: The
receipts for the rent of houses will be executed upon stamped paper, one
receipt for each payment, according to the following schedule:
Amount of Rent |
Class of Paper |
Up to 80 reales |
--- |
From 80 to 1,000
reales |
SELLO 4 |
From 1,001 to 2,000
reales |
SELLO 3 |
From 2,001 to 4,000
reales |
SELLO 2 |
From 4,001 reales
upwards |
SELLO 1 |
-
Article 3: The receipts
for the payment of rent of any kind and those for the
delivery of money or goods, whose value exceeds200
-
reales, will be executed
upon stamped paper according to the same tariff as those for
the rent of houses.
-
Article 4: The receipts
mentioned in Articles 2 and 3 will be for the account of both the givers
and the receivers, and at their risk will be the result of not being
recognized in Court as legitimate if not executed on the proper paper,
and the responsibility for the payment of three times the value of
the stamped paper whenever the said receipts are not issued in accordance
with the above provisions.
-
Article 5: Certificates
of all kinds, except Official Certificates (certificaciones de oficio)
and those which are given to soldiers in military business, will be executed
on paper of the fourth class; lacking this requirement they will not have
credence and will not be considered as valid for any purpose, whatsoever,
and will be subject to the penalty of three times the value of the stamped
paper which should have been used.
-
Article 6: Permits
of all kinds, including permits for unloading which are issued in the Customs
Houses, will be written on paper of the fourth class, the cost of the paper
being paid by those who obtain the permits.
-
Article 7: The books
of consulates, and the books of commercial associations in which are entered
the minutes of their meetings and governing resolutions which are dictated
by any consideration will be formed on paper of the fourth class.
-
Article 8: The books
of the Association of Brokers of the Market Places in which Royal Appointment
registers them numerically or, and the books which the same brokers should
keep for the entry of the operations in which they intervene as such, will
be formed of paper of the fourth class.
-
Article 9: The
books of the archives of secular and ecclesiastical associations and of
private persons, of whatever class or condition they may be, will be written
on paper of the fourth class and unless they are compiled or preserved
in those books, the documents, instruments, contracts, or resolutions from
which information or principles for the government of the association
of individuals may be obtained will not have any credence in Court.
Article 10: There
is extended to ecclesiastics the provision of the Decree of the Cortes
of the 6th of November 1820 that the appointments of the employees of the
Treasury and of all other civil employees must be written on stamped paper.
|
|