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
When the heirs were resident in Spain, or in some colony other than
the Philippines, the estates of deceased persons were sold and the
money was set aside to be remitted to Spain. The collective sum of
these properties, sold and unsold, was designated as the bienes de
difuntos. [329] At stated periods the juez de difuntos was required to
turn over the funds that he had collected, or received in the execution
of his duties, to the oficiales reales, first deducting three per
cent of their gross amount for his services. [330] His accounts,
which were sent to the Council of the Indies, were also audited by
these officials, and the audiencia likewise held him accountable for
any abuses or errors other than financial. He was also held responsible
in his residencia. The fiscal was his prosecutor in case of suit. The
juez de difuntos, on his part, was authorized to require reports
from the agents and administrators who served him in the provinces,
and all necessary safeguards were taken for his protection. [331]
Theoretically, the juez de difuntos, acting through the oficiales
reales, sent such money as he had collected to the Casa de Contratación
of Seville, or, after June 18, 1790, the date of the extinction of
that body, to the juez de arribadas in Cádiz. [332] Thence it was
distributed among the heirs in various parts of Spain, or, in case
no heirs were found, it was to remain in a fund by itself, until
otherwise appropriated or disposed of by the crown. The money was sent
at the risk of the heirs, eighteen per cent of the gross amount being
deducted to pay the costs of transfer. [333] In actual practice,
however, the funds derived from the Philippines were retained at
Manila, itemized accounts of them being forwarded to Acapulco, the
proper amount being deducted there from the annual subsidy. [334]
This rendered unnecessary the actual transfer of money. The juez de
difuntos in Mexico received the funds from the Philippines, together
with reports and accounts relating thereto, and remitted them to
Spain. There occurred many instances in which this magistrate in
Mexico found mistakes in the reports rendered by his subordinate
in Manila. A great deal of criticism was made from time to time, of
alleged irregularities in the administration of these funds in the
Philippines; in fact, successive royal cédulas repeatedly charged
the Philippine officials with maladministration. [335] The general
superintendent of finance, Aparici, in a report to the Council,
stated on July 19, 1797, that these funds had never been properly
accounted for, and that glaring defects--even dishonesty, had always
existed. [336] These faults, he alleged, were owing to the fact that
the funds were not directly administered, but were paid into the
treasury of Mexico, and that because of this roundabout method direct
control could not be exercised. Although this high official pointed
out these defects and made recommendations for the betterment of the
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