The Audiencia in the Spanish Colonies: As illustrated by the Audiencia of Manila (1583-1800) — John Shaqi
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 decree which provided for the foundation of the Audiencia of
Manila consisted of three hundred and thirteen sections. Although
the audiencia was subsequently abolished for a few years, it was
re-established in 1598 and these articles were again utilized. It
is therefore worth while to notice the most important provisions
of the law of establishment, which was to serve as a foundation
for the audiencia during a period of approximately three hundred
years. The first thirty-eight sections were devoted to the creation
of the tribunal, to a definition of its jurisdiction over civil
and criminal cases, and to a determination of the proper method of
procedure in them. The audiencia was to have authority to try cases
of appeal from gobernadores, alcaldes mayores, and other magistrates
of the provinces; it also had jurisdiction over civil cases appealed
from the alcaldes ordinarios of the city and original jurisdiction
over all criminal cases arising within five leagues of the city
of Manila. Appeals were to be tried by revista (review) before the
tribunal. Cases of first instance (vista) were not to be tried in
the tribunal, excepting those to which the government was a party,
or the above-mentioned criminal cases. The judgment of the audiencia
was usually to be final in ordinary suits, and always in criminal
cases. Those involving the government, and civil suits exceeding a
certain value were appealable to the Council of the Indies. Notice of
appeal to the latter tribunal had to be served within one year after
the objectionable decision was rendered, and the party appealing
the case was obliged to post financial bonds covering the expenses
of suit in case the final judgment were not favorable to him. The
decision of the audiencia was to be executed in all cases, even
though an appeal to the Council of the Indies had been made. The
procedure followed in the chanceries of Valladolid and Granada was to
be enforced in the Audiencia of Manila except when the contrary was
especially ordered. Investigations might be made by one judge, but
the concurrence of two was necessary for all decisions involving the
reversal of a former judgment, or in cases wherein a certain amount
was at stake. In the latter case, an assistant judge might be chosen
from outside the audiencia to assist the regular magistrate.
Public-domain text, read in full here on John Shaqi.
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