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
The governor frequently claimed jurisdiction over cases involving
retired soldiers on the grounds that they had once been under the
fuero militar. He also claimed jurisdiction in suits affecting widows
of soldiers, all of which, in accordance with the law of December
11, 1788, should have been tried by the audiencia. [476] Another
abuse frequently perpetrated by the governor was the assumption of
jurisdiction over suits for the payment by military officials of bonds
which they had assumed for defaulted civil officials. [477] In doing
this he was encroaching on the rights of the oficiales reales, and
these were always supported by the audiencia in the contentions which
arose over this question. Cases involving conflicts of jurisdiction
between the civil and military authorities were appealed to the Council
of the Indies, and there, after considerable delay, the proper sphere
of authority was always determined.
While the audiencia as a tribunal was forbidden jurisdiction in the
trial of cases involving war, we have already shown that the governor
exercised the right of designating oidores to try cases of this nature
on second appeal. The power of enforcing this right depended entirely
on the governor. Frequently the efforts of the governor along these
lines were attended with much difficulty as were those of Governor
Marquina in 1789 when he sought to designate an oidor to assist in the
trial of Antonio Callejo, naval artilleryman on a frigate of war. The
case had first been tried before the proper military judge, but it
was referred on appeal to a tribunal of which an alcalde ordinario of
the city was a member. The governor designated Oidor Yuguanzo to act
as a member of this tribunal for the trial of the case of Callejo on
review. The magistrate begged to be excused on the ground that all his
time was occupied with the trial of civil cases in the audiencia. The
governor called on all the other oidores successively, and all
declined to act. At last he peremptorily ordered Yuguanzo to serve,
telling him that if he objected he might carry the matter to the king
in the regular way, which, according to the laws of the Indies, was to
comply with the governor's demands, under protest, while appealing the
question of disagreement to the Council of the Indies. [478] This was
accordingly done, the magistrate basing his claim to exemption on the
law which prohibited the governor from sending oidores on commissions
outside the audiencia. [479] The governor at the same time filed a
memorial which forestalled all the arguments of the oidor. [480] He
stated that the real cause of the disinclination of the magistrates of
the audiencia to serve as auditores de guerra was their indolence, and
not the pressure of their excessive duties. It was contrary to their
ideas of dignity to be associated with the acting auditor de guerra,
who was not a letrado, and it was therefore considered a sacrifice of
their own personal dignity.
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