The Audiencia in the Spanish Colonies: As illustrated by the Audiencia of Manila (1583-1800)Cunningham, Charles Henry
History
The Audiencia in the Spanish Colonies: As illustrated by the Audiencia of Manila (1583-1800)
Cunningham, Charles Henry
Philippines -- History -- 1521-1812; Spain -- Colonies -- Administration
The above method of conducting residencias of governors, presidents,
viceroys, and superintendents was modified, as already mentioned,
by the reform of August 24, 1799. The new law provided that the
court, instead of the new governor, should appoint the examining
judge. The latter was no longer empowered to pronounce sentence of
any sort. He was only to conduct the investigation in the future,
remitting the autos of the case to the Council of the Indies
for final determination and sentence. [266] Again, on March 16,
1797, the royal order of December 30, 1777, was re-enacted and the
practice was revived of deducting annually one-fifth of the salaries
of officials whose incomes were 8000 pesos a year or more. [267]
This law was again promulgated on January 18, 1848. Its purpose was
to secure the retention of a sufficient sum of money to guarantee
all losses incident to the residencia. It apparently continued in
force until July 7, 1860, when governors and captains-general were
declared exempt from these discounts. [268]
We shall now examine more particularly the jurisdiction of the
audiencia over the residencias of minor officials of the colony. It
has already been pointed out that the residencias of provincial
judges and governors, alcaldes ordinarios and reales oficiales were
taken by judges appointed by the president of the audiencia, with
appeal to the tribunal. These cases, under certain circumstances,
might be taken on second appeal to the Council of the Indies. The
practice in these investigations may be best understood by noting the
development of the law regarding them, for, as we have already noted,
the residencia was the product of years of administrative experience,
during which various methods were tried, and rejected or adopted as
they were found respectively inadvisable or efficacious.
The earliest cédula on the subject, that of November 17, 1526, ordered
that the audiencia should try all appeals from judges of residencia,
wherein the amount involved did not exceed 600 pesos. A law of Philip
II, dated 1563, forbade viceroys, presidents, and audiencias from
sending judges of residencia or other investigators against judges of
provinces, unless complaint had been lodged against those officials by
a person willing to post bonds and pay the costs in case the charges
proved to be false. [269]
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