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, already referred to, greatly altered
the applicability of the residencias to provincial as well as
insular officials. Its greatest importance was due to the fact that
it authorized investigations of corregidores, alcaldes mayores,
and sub-delegate intendants only when charges were made against
them; otherwise it was assumed that their official conduct had been
satisfactory, and accordingly no residencias were held. Before the
officials could be transferred to other posts they were obliged to
show certificates of clearance from former positions. The audiencia
was given final jurisdiction over the residencias of these officials,
with inhibition of appeal. At the same time the tribunal was denied
jurisdiction in any instance over the residencias of viceroys,
captains-general, presidents, governors, treasury officials, oidores,
and intendants. [287] After the suppression of the Council of the
Indies on March 24, 1834, the latter cases were finished in the
Supreme Tribunal of Justice, and that tribunal continued to exercise
this jurisdiction till the close of the nineteenth century. [288]
The cédula above referred to abolished the residencias of tenientes
letrados, alcaldes ordinarios, regidores, clerks, procurators,
syndics, alguaciles, and other minor officials. In place of the formal
investigation and judgment after the term of office was completed,
the audiencia was given more complete control over their official acts,
with the duty of seeing that justice was administered, jails inspected
and kept clean, prisoners given a speedy trial and not molested with
undue exactions, and the police supervised. The tribunal was also
empowered to see that the ayuntamientos conducted their elections
impartially and that the municipal officials executed their duties
faithfully. In this way the formal investigation at the close of
the term of these minor officials was replaced by a more efficient
supervision of their acts by the audiencia. The constitutional
reforms of the early nineteenth century gave to the audiencia original
jurisdiction over the trial of judges of first instance, with appeal
to the Supreme Tribunal of Justice. This authority was suppressed
in 1815, and continued so until 1835, when it was restored to the
audiencias of the colonies.
Although the reform of August 24, 1799, recognized the residencias of
alcaldes mayores, tenientes, and corregidores, merely transferring
jurisdiction over these to the audiencias, it would seem that this
investigation retained less of its former severity from this time
onwards. In fact, some authorities infer that the residencia was
abolished after 1799. [289] This was not the case, however, as the
residencia was recognized by laws promulgated as lately as 1870. [290]
Public-domain text, read in full here on John Shaqi.
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