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 oidor in the Philippines served as judge of medias anatas. [304]
These taxes were levied upon the salaries of all officials of
royal appointment, except ecclesiastics, these exactions varying in
amount from one-half the first year's income to one-tenth of the
gross salary of each official. The cédula of June 2, 1632, [305]
ordered the judge-commissioner of medias anatas to surrender the
money which he had collected to the treasury officials who in turn
were to transmit it to Spain. [306] More definite information as to
the nature of the duties of the judge-commissioner of these funds may
be gathered from the cédula of December 14, 1776, by which Oidor Félix
Díaz Quejada y Obrero was appointed as commissioner of medias anatas in
the Philippines. This magistrate was authorized to retain four per cent
of all that he collected. This percentage, the cédula stated, was the
same as was paid to the commissioner of medias anatas of New Spain. The
cédula ordered Quejada to collect this tax from all royal appointees,
but not from governors of towns or Indian caciques who were elected
yearly, and who, of course, were not royal appointees. Appeals from
judgments of the commissioner of medias anatas were to be entertained
in the Council of the Indies only, and not in the audiencia. [307]
It has been pointed out already in this chapter that the effect
of the reforms of the intendancy was to limit the jurisdiction of
the oidores over special commissions. This is especially true of
those relating to finance. An illustration of this is shown in the
disputes which occurred between the oidores and the governor, over
the conservatorships of betel, [308] wine, tobacco, playing-cards,
and cockpits. When these sources of income developed in the latter
part of the seventeenth century, their supervision, as usual, had been
conferred on oidores with title of asesores or jueces-conservadores
(judge conservators). [309] This was done in disregard of the laws of
the Indies, wherein was expressed the desirability of conferring these
assessorships, if possible, on properly qualified officials, other
than oidores. The magistrate holding a commission was to attend to
the legal duties and adjudicate all suits in connection therewith. The
latter regulation was made in order that when the cases were brought
to trial the magistrate might not be incapacitated by having rendered
decisions in them ahead. The law continued in the following strain:
when a case so urgent and extraordinary offers itself that an
oidor must be appointed, warning is hereby given that ... the same
magistrate who tried the case originally may not be judge. [310]
This law conceded that oidores might serve when other magistrates
were not available.
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