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 laws regulating the audiencia's jurisdiction in civil cases seem to
have varied according to the time and the policy of the government. The
audiencia exercised both original and appellate jurisdiction, as we
have already noted. Most of the civil suits tried by the tribunal were
appealed to it from inferior judges. A law was made in 1563 ordering
that cases involving less than twenty pesos might be tried by verbal
process. [130] This law would seem to have excluded cases of less than
that value from appeal to the audiencia, as the processes had to be
committed to writing in order to be appealed. The cédulas of November
26, 1573, and August 10, 1574, fixed the minimum amount that might
be appealed at six pesos of eight reales, or 3000 maravedís. [131]
Charles V in 1542 promulgated an important law for the regulation of
appeals to the audiencia. It provided that the smallest amount that
might be appealed should be 300,000 maravedís (667 pesos). [132]
This law was re-promulgated on September 24, 1568, and on September
22, 1626. [133] The provisions of these laws, however, probably
applied only to such cases as might come from provincial justices,
since appeals from city judges and ayuntamientos could be taken
over by the audiencia with less trouble and expense, because of
the proximity of the tribunal. As a matter of fact, this opinion
is seemingly substantiated by a new law, dated June 13, 1634, which
ordered that an appeal from an ayuntamiento should not be received
in an audiencia unless the suit involved a sum greater than 60,000
maravedís, or 133 pesos. [134] This was considerably less, it will
be seen, than the amount fixed as the limit by the law immediately
preceding it, which was promulgated in 1626.
The laws establishing the finality of the jurisdiction of the
audiencia were also altered from time to time. The earliest law on
the subject, dated April 24, 1545, ordered that no appeal should be
made from the tribunal in cases involving less than 6000 maravedís
(13.3 pesos). [135] This limit was raised to 200 pesos by cédulas of
April 4, 1558, and March 4, 1559, and by the ordinance of 1563. [136]
In 1542, the jurisdiction of the audiencia was made final in all
cases appealed from the ordinary courts. [137] The execution of all
decisions which were not appealable was rigidly required. [138] By the
ordinance of 1563 it was stipulated that sentences of review which
had been confirmed by the audiencia could not be appealed again,
no matter how large a sum was involved. [139] This was partially
abrogated by the law of February 13, 1620, which ordered that cases
involving 6000 pesos of 450 maravedís each, already terminated on
review by an audiencia, might be further appealed to the king. [140]
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