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 Misericordia maintained a stubborn and vigorous resistance to
the principle of visitation by the audiencia, but as far as may be
judged by the data at hand, the law was not changed again, and the
audiencia continued to exercise supervision. That the audiencia was
prone to overstep its authority in the matter of these inspections
is shown by an incident which occurred in 1776-1777. In the regular
quinquennial inspection of the records of the Misericordia a number
of abuses were uncovered. The funds were found to have been carelessly
administered, and the books inaccurately kept, owing to the negligence,
incapacity, and corruption of the members to whom the funds had been
entrusted. Governor Sarrio, as vicepatron, appointed Oidor Calderón
as receiver and administrator of the funds, with the charge that the
oidor should suspend all payments until the accounts were straightened
out. The Misericordia protested and on April 25, 1778, the king ordered
the governor and audiencia to desist from further interference with
the funds of the society, the royal disapproval being based on the
cédula of February 21, 1759, which, while authorizing the inspection
of the books of the society, forbade any minister "to interfere with
or interrupt said House in the administration or distribution of its
funds." [782]
The cédula of February 21, 1759, was reaffirmed on repeated occasions
when the Misericordia refused to submit its books to the audiencia. The
last law touching upon this particular question was promulgated on
August 2, 1787, when it was decreed that the accounts, books, records,
and work of the Misericordia and its officials should be subject to
the inspection of the audiencia. [783]
Not only was the opposition of the Misericordia a source of dispute
between that society and the audiencia, but the matter of financial
inspection caused disputes between the audiencia and other officials
and departments of the government. The reforms of 1787 made trouble
between the superintendent and the audiencia. Since this was a
financial matter, the former claimed the right of auditing these
accounts, which the audiencia refused to concede for the reason that
it had always had supervision over these funds (when the right was
exercised by any secular authority). The question was definitely
settled by the cédula of January 22, 1803, which ordered that "the
money of temporalities, pious funds, and charitable societies should be
put at the disposal of the acuerdo, and that if any matters relative to
those branches were then pending before the superintendent, they should
be remitted at once to the audiencia." [784] This was accordingly
done by Governor (and Superintendent) Aguilar, [785] and after that
time the jurisdiction of the audiencia was no longer questioned.
Public-domain text, read in full here on John Shaqi.
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