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 various laws and cases which have been cited in this chapter show
that the trial of residencia of captains-general, treasury officials,
oidores, intendants, alcaldes mayores, and alcaldes ordinarios was
a judicial function over which the audiencia had a large share of
authority. It is safe to say that no residencia was ever taken in
the Philippines, after the audiencia had been established there,
in which that tribunal did not exercise some degree of authority. As
the laws and regulations of the residencia varied at different times,
the extent of the jurisdiction of the audiencia in this matter was
not always the same. The audiencia either assisted in the examination
of the charges or in the designation of the judge. The magistrate
selected was usually an oidor. Oidores were liable to designation to
conduct inquiries, and the audiencia, as a tribunal, tried these cases
in review. The tribunal exercised supervision over the work of the
investigating judge. The case was either finished in the audiencia,
or reviewed there and appealed to the Council of the Indies through
the action of the audiencia. The Council of the Indies was the supreme
arbiter in all cases, prior to 1799. Subsequently the Council, or the
Supreme Tribunal of Justice after 1834, retained final jurisdiction
over the residencias of the higher officials only. In the residencias
of provincial or local officials the jurisdiction of the audiencia
was final.
CHAPTER V
THE SEMI-JUDICIAL AND ADMINISTRATIVE FUNCTIONS OF THE AUDIENCIA.
Aside from the activities which have been described, the magistrates
of the audiencia rendered important services in various administrative
capacities. From the beginning until the end of the eighteenth century
the oidores were assigned to special commissions or judgeships with
jurisdiction over such miscellaneous secular and ecclesiastical matters
as did not come readily under any other department or authority. In
practically all cases these functions involved the oidores in their
individual capacities rather than as magistrates of a tribunal of
justice. Though their work was independent of the audiencia, their
decisions were reviewed in the audiencia in many cases. In short, it
may be said that when any unforeseen or unclassified matter came up
for solution, it was usually assigned to a magistrate of the audiencia.
Public-domain text, read in full here on John Shaqi.
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