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
Even the natives themselves, at times, went so far as to sue the
religious orders in the audiencia. This was done in 1738 when the
mestizos of Santa Cruz brought suit against the Jesuits, because the
latter had sought to make the residents of Santa Cruz pay for certain
improvements in the parishes of that district. These improvements had
been authorized by the Jesuits, and from them the society had derived
great benefit, while the residents had derived no particular good from
them. [826] In 1737, on complaint of the natives, an investigation was
conducted by Oidor Calderón which put a check upon certain transactions
of the Jesuits in the province of Batangas. It was proved that they
had collected rents repeatedly from the Indians for lands to which
they had no title.
The most significant and decisive judicial authority which the
audiencia exercised in ecclesiastical matters, and that which was
productive of more conflicts and opposition on the part of the church
than any other cause, was the jurisdiction of the tribunal over
the secular church courts, at the head of which was the metropolitan
tribunal of the archbishop. The method of intervention most frequently
followed in cases appealed from the archbishop was by the entertainment
of the recurso de fuerza. [827] In this way the civil jurisdiction,
acting through the audiencia, could intervene for its own protection,
and by means of this special procedure that tribunal actually did
restrain the ecclesiastical judges more frequently and effectively
in important cases than in any other way. It was on the grounds of
fuerza that the audiencia justified its action in practically all
cases of interference with the jurisdiction of the church courts.
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