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
There were occasions when the audiencia enacted administrative
measures in which the governor failed to participate. These were
especially noticeable during the administrations of Acuña, Fajardo, and
Corcuera--governors who spent much of their time away from Manila. A
more recent instance of this occurred in 1790 when the natives of
the province of Ilocos revolted against a tyrannical and dissolute
alcalde mayor. The acuerdo, notwithstanding the objection of Governor
Marquina, removed the offending official and appointed another, and
this action was subsequently approved by the king. [444] According
to the laws of the Indies the authority of removal and appointment
of such officials rested with the governor. [445] The tendency of the
acuerdo to act in civil affairs without the advice or presence of the
governor was checked by the royal order of November 12, 1840, wherein
the audiencia was ordered not to attempt to carry its acuerdos into
execution without the authority of the superior government. [446]
The evil effects of the audiencia's intervention in provincial
government were pointed out in 1842 by Sinibaldo de Mas, when he wrote:
"the government of the provinces is in charge of an alcalde-mayor,
who is at once judge of first instance, chief of political matters,
subdelegate of the treasury, and war-captain or military commandant,
for whose different attributes he is subject to authorities distinct
from one another." [447]
The audiencia was deprived of its acuerdo power in governmental
matters by the Constitution of 1812, but it was still retained in
judicial affairs. In 1815 and again in 1823 on the restoration of
the monarchy, the full acuerdo power as practiced before 1812 was
resumed by the audiencia. Official recognition of the acuerdo was
made publicly by Governor Torres, who succeeded Enrile on March 18,
1834. In his inaugural address this governor avowed his purpose to be
the extension and improvement of commerce, the army and agriculture,
"but, in order to develop these to their highest extent, and to
realize the utmost success in my administration," he said, "I count
on the co-operation of all the authorities, and particularly of
the real acuerdo, of which I have the honor to be president." [448]
The audiencia was finally excluded from the acuerdo in administrative
matters by the reform of July 4, 1861; since then the tribunal has been
purely judicial, the legislative functions of government having been
assumed by the Administrative Council (Consejo de Administración) of
which the president and fiscal, and usually two oidores at least were
members. Thus, even after the reform of 1861, the oidores continued
to participate in legislative functions, though the audiencia as a
body did not. [449]
Public-domain text, read in full here on John Shaqi.
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