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
As president of the audiencia the governor exercised two important
powers. One authorized him to divide the audiencia into salas and to
designate oidores to try cases within the tribunal, to inspect the
provinces, to take residencias, or to attend to semi-administrative
matters, such as have been noted in the preceding chapter. [420]
The other was the power to decide whether a contention was of
judicial, governmental, military, or ecclesiastical character, and
to assign it to the proper department or tribunal. [421] This power
was significant because it made the governor the supreme arbiter
between all conflicting authorities in the colony. Frequently he
decided disputes between the audiencia and the ecclesiastical courts,
between the audiencia and the consulado, or between the oidores and
the oficiales reales in matters relative to the jurisdiction of these
tribunals over questions at issue.
While the magistrates were allowed to proceed practically without
interference in affairs of justice, the governor was instructed to keep
himself informed concerning the judicial work of the audiencia. [422]
While forbidden to alter the judgments of the tribunal or to tamper
with its sentences, [423] he could excuse or remit fines with the
consent of the oidores. The governor could commute sentences in
criminal cases. The final pardoning power rested with the king and it
was exercised upon the recommendation of the governor or the prelates
[424] and the Council of the Indies. There were exceptional occasions,
however, on which the governor assumed the responsibility of pardoning
criminals.
After the creation of the office of regent in the audiencias of
the colonies, in 1776, the governor's position as president of the
audiencia became purely nominal, the regent actually officiating as
chief justice, though the president was still legally required to
affix his signature to all judicial decisions of the tribunal. The
frequent and extended absences of the governor from the capital and the
multiplicity of his administrative duties prevented him from attending
to these matters with requisite promptness, and injustice consequently
resulted from the requirement. Many complaints were made from 1776
onward against this condition of affairs, with the result that a
modification in the existing law was made on October 24, 1803, making
valid the signature of the regent to all decisions of the audiencia,
when the governor was absent from the colony on expeditions of conquest
or tours of inspection. [425] At all other times the governor, as
president, affixed his signature to all legal acts and autos, although
he did not participate in their decisions. The law remained thus
until 1861, when the governorship was separated from the presidency,
the acuerdo was abolished, and the regent was made president of the
audiencia with authority to sign all judicial decisions. [426]
Public-domain text, read in full here on John Shaqi.
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