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
Cases relating to real hacienda took precedence over all others. The
president was instructed to see personally that these cases should
not be subjected to delay and that at least one day a week should
be set aside for their adjudication. Next in importance were cases
involving infractions of royal ordinances and laws. Probate cases
were given one day a week. Two days weekly were set aside for the
consideration of suits which arose between Indians and between
Indians and Spaniards. Cases involving the poor, however, were
to take precedence over these. The audiencia was made responsible
for the good treatment of the Indians and it was charged with the
obligation of seeing that all suits to which Indians were parties
should be tried without loss of time. Delays resulting from the
carelessness of lawyers and from their eagerness to profit at the
expense of the natives were discouraged. Matters of slight importance
which pertained to the Indians were to be dispatched by decrees of
the audiencias and viceroys; this provision was designed to avoid
contentious litigation, to which the natives were characteristically
inclined. It also sought thereby to protect them from dishonest judges
and lawyers. Any and all of the cases mentioned in this paragraph were
considered to be of such importance that they were classified among the
first to be tried and determined prior to those involving property,
commercial affairs, and ordinary transactions. Of the latter cases
those already decided were to be reopened before the hearing of new
cases of the same class. Cases involving the poor were to be given
speedy consideration. [126] Length of waiting should be the criterion
for the consideration of the remaining cases.
The audiencia was empowered to compel testimony from all persons and
authorities. [127] As already noted, the oidores of audiencias which
did not contain alcaldes del crimen were authorized to entertain
appeals from persons who had been condemned to death. [128] The
same was true of all other criminal cases that were admitted to
appeal. Members of religious and military orders were not exempted
from the jurisdiction of the audiencia. [129]
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