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 cédula of August 24, 1799, which has been mentioned several times
in this chapter, was a reform of the greatest importance in the history
of the residencia. Prior to its promulgation, all officials had to
give residencia, but this law abolished that universal requirement. It
provided that residencias of corregidores, alcaldes mayores, and
subdelegate-intendants should be taken only when charges had been
made against them. This might occur at any time during their term of
office, or at the close of their service. These investigations had to
be concluded within four months, but if charges were not made against
an official his past record was not investigated.
The length of time consumed in all residencias except those of
viceroys was limited to four months. The period allotted for these
investigations was divided into two parts. [279] During the first half,
edicts or notices of residencia were posted throughout the district
of the official concerned. These were printed in Spanish and in the
common dialect, so that natives and others concerned might read and
know that the official was giving up his post and that charges might
be brought against him, setting forth any misconduct, undue harshness,
tyranny or dishonesty of which he had been guilty during his term
of office. These notices invited them to register any complaints
which they might wish to make and gave them sixty days in which to
do it. At the close of this period the judge of residencia opened an
investigation in the town wherein the official under examination had
resided, usually the capital of the province. The actual trial of
residencia might consume sixty days, or it might be perfunctory in
its character and occupy a much shorter period, the entire question
of time depending on the amount of evidence presented against the
retiring official. On the other hand, as we have seen, the residencia
of a governor might occupy ten years.
If the judge were taking a residencia in the provinces he was
frequently delayed in arriving at his post of duty, owing to the
pressure of other business, or to the uncertainty of transportation
facilities. In that event, he could not open the judicial investigation
until the allotted period had almost transpired.
In the trial, two distinct lines of investigation were usually pursued:
charges which had been made against the official were investigated
and the records of his office were examined. The discovery was
frequently made through this procedure that the official had embezzled
money belonging to the government, usually investing it in private
ventures. The inquiry might show that he had been careless in the
execution of the duties of his office, remiss in his attention to
encomiendas, particularly neglecting the Indians thereon, or too
ignorant and incompetent to try properly, record, and transmit the
autos of the cases which had come to him in first instance. These
defects might not become apparent until they were revealed in this
examination.
Public-domain text, read in full here on John Shaqi.
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