It does not appear, moreover, that Anda was entirely justified in his argument by the laws. No doubt he was right in regarding himself as the audiencia, on the basis of the laws cited by him. However, the law did not at that time authorize the succession of the audiencia to a vacancy in the governorship. The cédulas of September 8, 1720, and of August 15, 1731, were still in force in the Philippines, and by virtue of these and by the special cédula promulgated in 1761 in favor of Rojo, an ecclesiastic was authorized to act as governor in case of a vacancy. According to law and precedent, the post vacated by the archbishop-governor should have been filled by the bishop of Nueva Segovia, and by the bishop of Cebú, respectively. It is true that neither of these ecclesiastics put forth any effort to maintain their legal rights, probably for the reason that they realized their incapacity to organize and conduct the defense of the Islands as well as Anda had done. The audiencia had not succeeded to the government since 1715; it had been forbidden to do so in 1720 and subsequently. It is therefore difficult to understand how Anda could have seriously advanced the claim that in his capacity as sole oidor he should succeed to the government. Aside from the opposition of the archbishop, there does not seem to have been any great difference of opinion on the question of whether Anda could rightfully claim the prerogatives of the audiencia and governorship at the same time. Rojo paid no attention to the legal arguments advanced by Anda, but contended that both the governor and the audiencia were still in full possession of their powers and in complete enjoyment of their liberties within the city. No comment is to be found on Anda's contention in the royal dispatches which were sent in answer to his reports. It is important to note, however, that after the death of the archbishop, and after the restoration of peace, the fiscal was of the opinion that the government should go to Fray Ustáriz, bishop of Nueva Segovia. [674] In this opinion he was seconded by Oidor Galbán. It would seem that Anda was supported in his resistance to Archbishop Rojo and the British largely on grounds of expediency. This is clearly brought out in a letter which Fiscal Viana wrote to the king on October 30, 1762, stating his opinion that: Since the Audiencia and governor are unable to exercise their duties, Anda, as the only active and unembarrassed minister who is able to retain his place under the authority of Your Majesty, has declared himself governor, royal audiencia and captain-general. It is evident that, being a prisoner, the archbishop cannot be governor and captain-general, and it is equally certain that the government and office of captain-general falls back on the audiencia and the oldest oidor. [675]