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
A separate sala, for the trial of criminal cases was created in the
audiencias of Lima and Mexico. The magistrates serving in these salas
were designated as alcaldes del crimen. They had jurisdiction in
first instance over the criminal cases arising within five leagues
of the capital, as referred to above, and in second instance over
those appealed from the provincial judges. [123] The oidores in these
audiencias confined themselves to civil suits, but in audiencias where
there were no alcaldes del crimen, the oidores were authorized to try
both civil and criminal cases. [124] The magistrates of the Audiencia
of Manila had both criminal and civil jurisdiction, as that tribunal
belonged to the latter class. When the number of oidores present was
insufficient to do the work of the audiencia, alcaldes ordinarios
or alcaldes mayores who had the necessary qualifications might be
transferred temporarily to the tribunal. When acting as oidores they
could not try cases over which they had formerly exercised original
jurisdiction. [125]
A system of procedure was prescribed for the trial of cases before
the audiencia and the order fixed in which these should come up for
consideration. It was ordered that two slates should be kept, one for
cases classified according to their importance and another for those
to be tried by rotation. Cases of the first category and those which
were especially urgent might supersede the latter, but when there
were none of the former the second slate was to be adhered to.
Public-domain text, read in full here on John Shaqi.
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