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
Outlawry and highway robbery became so common throughout the Islands
during the term of Basco y Vargas that the governor appointed
prosecutors, sheriffs, and judges-extraordinary to assist in the
preservation of order, which the alcaldes mayores were not able
to accomplish by themselves. The audiencia, feeling that this was
a grave intrusion upon its prerogatives, appealed to the king and
succeeded in bringing the sovereign displeasure upon the head of
the governor. The royal cédula stated that there was no need of
these additional officials. The judicial machinery which had been
provided for the Philippines from the beginning was sufficient. The
governor was warned, furthermore, to abstain from meddling with the
jurisdiction of the audiencia. [555] This case confirms the statement
already made in this treatise that during this period and, in fact,
after the establishment of the regency in 1776, the governor exercised
a diminished authority in judicial affairs. When Basco y Vargas took
his office as governor of the Philippine Islands, he was obliged to
subscribe to two oaths, one as governor, and the other as president
of the audiencia, but he was warned by a special decree of the king
to keep from confusing these two functions as former governors had
done. [556]
Many disagreements took place between the audiencia and Governor
Marquina, who succeeded Basco y Vargas. Marquina quarreled with the
audiencia over almost every act of government in which he had relations
with the tribunal. Marquina was said to have repeatedly disregarded
the acuerdo and to have done as he pleased in matters wherein the
audiencia had been or should have been consulted. There was a bitter
contest in 1789, shortly after the arrival of this governor, because
he had excused various officials of real hacienda from appearing when
summoned to the audiencia to serve as witnesses. Marquina did this, he
claimed, because they were needed in the provinces as financial agents,
and because their absence from their posts of duty would entail a grave
loss to the government. The audiencia solved the matter by forwarding
all the correspondence relative to these cases to the Council of the
Indies. It may be said that Marquina, in exempting these witnesses,
was acting in his capacity as president of the audiencia, but in
his solicitude that no loss should occur to the royal exchequer he
was acting as superintendent of real hacienda, which was within his
authority. [557]
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