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 difference between the appellate jurisdiction of the audiencia in
contentious cases involving Chinese and in administrative matters which
it did not have is illustrated by a case which came up in 1794 and
lasted through twelve years of litigation. In the year aforementioned,
the ayuntamiento of Manila brought suit before an alcalde ordinario
of the city against a Chinese, Augustín Chagisco, on a charge of
the failure of the latter properly to fulfill a contract which he
had made to supply the city with meat. The alcalde ordinario, before
whom suit had been brought in first instance, cancelled the contract,
and the Chinese appealed to the audiencia. The tribunal, after due
consideration of the case, restored Chagisco to his status as provider
of meats (abastecedor de carne) for the city. Instead of appealing
the case as one of law, the ayuntamiento wrote to the king on January
19, 1796, alleging that the audiencia had interfered in behalf of a
Chinese whose services the ayuntamiento had discontinued as provider
of meats, over which matter the audiencia had no jurisdiction. The
king immediately gave expression of his approval of the stand of the
ayuntamiento, being of the impression that the question at stake was
one of appointment only. [517] At the same time the king demanded
a full explanation from the oidores as to why they had interfered
in this matter which was so far removed from their jurisdiction. The
audiencia, in reply, sent all the records and testimonios of the suit
to the Council, and that tribunal called upon the ayuntamiento in
due time to explain why it had misrepresented the case. After a long
period of acrimonious correspondence between the Manila authorities,
the case was concluded on February 19, 1806, by a reversal of the
earlier decision, and His Majesty sent a letter of congratulation
and approval to the audiencia in appreciation of its stand in the
matter. [518] The king informed the tribunal that it had been entirely
regular in its proceedings, having reversed the decision of the alcalde
ordinario in a legal suit which had been appealed by the Chinese to the
audiencia in protest against the adverse decision of the lower court.
Without carrying this discussion further, it is clear that the
audiencia had general appellate jurisdiction in cases involving the
Chinese. These cases, when they originated in the Parián, were tried
in first instance by special judges for the Chinese, but suits brought
against a Chinese who lived outside, or suits of a semi-public nature,
as the one just noted, might be tried in first instance by the ordinary
judges. It has also been noted that oidores were sometimes delegated
to try cases in first instance involving treason or insurrection of
Chinese. In regard to matters of government, it may be said that
the governor was held responsible, but even in these the oidores
participated in an advisory capacity.
CHAPTER VIII
THE AUDIENCIA AND THE GOVERNOR: CONFLICTS OF JURISDICTION
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