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
It is indisputable that the ministers of our real hacienda are
authorized to have jurisdiction over all debtors of my royal
treasury ... with preference to the ordinary jurisdiction of the
juez de difuntos, or to the judge commissioned to settle property
of intestates or to pay creditors; ... the accounts of my real
hacienda shall be settled by my royal judges before the juez de
difuntos may have cognizance. [346]
By this decree it was definitely established that the treasury
officials should have precedence over the regular judges in the
settlements of estates of officials and individuals against whom
the royal treasury had claims. After the demands of the government
were paid, those of private individuals might be settled, and it was
ordered that the juez de difuntos, as the champion of individual
claims, should always give precedence to the oficiales reales who
represented the interests of the government.
The organization for the administration of these funds presented a
complete hierarchy. The actions of the juez de difuntos were subject
to review by the Audiencia of Manila. The funds from the Philippines
were deducted from the subsidy at Acapulco, and forwarded to the Casa
de Contratación of Seville (or the juez de arribadas at Cádiz, after
1790) by the juez de difuntos of Mexico. The heirs in Spain were then
found, and the money transferred to them, less discounts covering costs
of transmission to Spain. In case appeals were made from the decision
or settlement of the juez de difuntos, the records of his proceedings
in the case under consideration were reviewed by the Council of the
Indies. The method of procedure there was to refer these documents and
accounts to the Contaduría General, where all accounts for the Council
were audited and settled, and the recommendations of that tribunal were
accepted. The constitutional reforms of the nineteenth century gave the
audiencia increased authority in the final settlement of these matters,
and its decision was made final in practically all contentious cases,
though, of course, final judgments involving heirs who were resident
in Spain might still be appealed by them to the Council of the Indies
or the Supreme Tribunal of Justice.
Public-domain text, read in full here on John Shaqi.
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