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
Although the appointing power was claimed by many governors as their
sole prerogative, the audiencia imposed a very decided check on
their exercise of this authority. The governor had the right to make
appointments in all departments of the government, except in certain
so-called offices of royal designation, to which the governor made
tentative appointments, subject to subsequent royal confirmation. [382]
Although the law of February 8, 1610, exempted appointments made by the
governor of the Philippines from the necessity of royal confirmation,
[383] in practice these nominations were sent to the court for approval
in the same manner as were those from Spain's other colonies.
The audiencia intervened in the matter of appointments in two ways. In
case it succeeded to the government on the death of the governor
the tribunal exercised all the prerogatives of appointment. [384]
When the governor was present he was obliged to refer the names
of all candidates to the acuerdo. [385] This was made necessary
because the governor, being new to the Islands and unfamiliar
with local conditions, was not so well fitted to pass upon the
merits of candidates for office as were the oidores who had become
permanently identified with the interests of the colony and whose
opinion was of weight in these matters. Thus it came about that
the audiencia exercised joint authority with the governor in making
appointments. [386] The question of the relative authority of the
audiencia and governor in making appointments was a source of conflict
throughout the history of the Islands.
When the governor submitted the name of a candidate to the acuerdo it
was the duty of the magistrates to furnish all the information possible
regarding the character, fitness, and ability of the person under
consideration for the position. If the audiencia and the governor
should disagree and the latter still persisted in an appointment,
it was the duty of the audiencia to submit, forwarding all evidence
relative to the candidate to the Council of the Indies, the latter body
ultimately taking such action as it deemed best. When the nominations
of the governor reached the Council of the Indies for confirmation,
that tribunal relied extensively upon information furnished by the
audiencia concerning the candidates under consideration.
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