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
Other sources of frequent dispute were the respective claims of the
juez de difuntos and the oficiales reales for jurisdiction over
property left by persons who were indebted to the royal treasury
at the time of their death. On the occasion of the death of the
corregidores of Tondo and Ilocos, in 1776 and 1778, respectively,
without having made wills, the oficiales reales took steps to make an
immediate seizure of the property of the deceased officials. They
demanded that all documents and papers pertaining to the cases
should be surrendered at once into their hands in order that the
amount owing to the government might be collected. Governor Basco y
Vargas interposed on the ground that since these officials had died
intestate, the settlement of their property should be effected by
the juez de difuntos; it being incumbent upon the oficiales reales
to present the claims to the judge. [342]
Shortly after this decision had been rendered, the alcalde mayor of
Tayabas died, leaving a deficit of 7000 pesos, and the officials of
the royal treasury immediately brought suit in the audiencia on the
basis of the laws of the Indies for jurisdiction in the case prior
to that of the juez de difuntos. They alleged that the law provided
that the treasury officials should have precedence in collections,
and that debts due to the real hacienda should be settled prior to
all others. Moreover, they claimed that all officials should assist
them in making these collections and that no restrictions should
be placed upon their activities. Further evidence in support of the
contentions of the treasury officials was submitted in the substance
of the royal cédula of April 23, 1770, which declared that these
judges should be entrusted exclusively with the collection of royal
funds. "Furthermore," the cédula stated, "if any case shall arise which
pertains to finance and at the same time to the juez de difuntos, the
latter may not make the advocation, because, however favorable may be
his jurisdiction, that of the royal treasury is more favorable." [343]
The oficiales reales insisted that they should not be required to go
before the juez de difuntos for any purpose, since the laws of the
Indies [344] gave them the power of inspecting the accounts of the juez
de difuntos and of keeping and administering these funds. [345] The
more recent cédula of October 13, 1780, had decreed that the accounts
of the juez de difuntos should be approved by the treasury officials,
and on this basis they were able to advance claims to seniority.
This dispute, though brought for adjudication before the audiencia,
was not settled by the tribunal. The evidence pertaining to the case
was collected and referred to the Council on December 22, 1786. The
cédula which finally disposed of the matter was issued May 4, 1794,
in the following terms:
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