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
An illustration of the intervention of the Council of the Indies
in residencias of alcaldes mayores is shown in the case of Josef
Tormento, alcalde of Caragara. On June 6, 1786, he was sentenced in
residencia to a pecuniary penalty, perpetual deprivation of office,
and two years' exile from Manila. This sentence was confirmed in
review by the audiencia on October 8 of the same year. The Council
modified this sentence, however, approving the fine, but cancelling
the other provisions. [275] In 1803 the incumbent of the same post,
Antonio Mateo, was incarcerated by order of the audiencia, pending
investigation of the charge made against him that he had used
the funds of his office for private trade. It was shown, however,
that this official knew the location of a quicksilver deposit of
great value, whereupon the governor had him removed from prison,
ordering the suspension of the charges against him, notwithstanding
the protests of the oidores. The fiscal concurred in the action of
the governor. The audiencia appealed the case to the Council of the
Indies, alleging conspiracy between the governor and the fiscal. The
Council, however, on examination of the case, approved their action,
ordered the charges to be dismissed, and gave directions that the
alcalde mayor should be restored to his former position or given
another of equal category as soon as possible. [276]
Although the cédula of August 24, 1799, gave the audiencia the right
to conduct the residencias of corregidores and alcaldes mayores, this
case involved certain interesting features which should be pointed out
in this connection. In the first place, it shows the manner in which
the Council of the Indies exercised ultimate authority in matters of
residencia. Again, it reveals the influence which the fiscal and even
the governor might have in determining whether suit should be brought,
[277] and finally it indicates that expediency might constitute an
important factor in the ultimate results of a case of this kind.
The practice of granting jurisdiction over the residencia of an
official to the authority that appointed him seems to have been
followed repeatedly. This principle was enunciated in the cédula of
August 20, 1758, but on August 8, 1764, a royal decree authorized
viceroys and presidents to name judges of residencia for all officials
holding royal appointments, with the condition that the autos should
be forwarded to the Council of the Indies. This law was repealed on
April 23, 1769. [278]
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