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
Decisions were reached by the concurrence of a majority of the
magistrates trying the case. When there were only two oidores present
a decision had to be unanimous. In case the full quota of magistrates
were present and the votes were equally divided, the fiscal might
be called in to decide the case, but if the latter were prosecuting
the case, or were otherwise incapacitated, a duly qualified lawyer
might be chosen to serve as a special magistrate. [141] This rule
did not apply to the revision of sentences in civil cases wherein
the value exceeded 300,000 maravedís; in these the concurrence of
three magistrates was necessary. [142] A record of the judicial
decisions of the magistrates was kept in the official journal of
the audiencia. Decisions and legal papers had to be signed by the
magistrates involved. Oidores who registered dissenting opinions were
obliged to affix their signatures to the autos with those who had voted
in the affirmative, but the negative votes were also recorded. [143]
While the audiencia might repeal the written opinion of an inferior
judge in review of sentence, the revision of verbal decisions of
alcaldes ordinarios could be accomplished only when the alcalde in
question had been summoned before the tribunal and the reasons for his
decision had been investigated in his presence. [144] The audiencia,
therefore, exercised appellate jurisdiction over civil and criminal
cases tried in first instance by the judges of the provinces.
If an alcalde mayor or other inferior judge failed to comply
with the instructions laid down for his guidance, or if he were
guilty of an abuse in the administration of justice, he was held
to account by the visiting oidor who was dispatched at regular
intervals for the inspection of the provinces--and for the judicial
scrutiny of the provincial courts. In cases of notorious injustice
special pesquisidores, usually oidores, were sent at once for the
correction of the abuse in question, at the expense of the offending
officials. [145] These, if found guilty of wilful disobedience,
were punished in accordance with the gravity of their offenses. The
audiencia had appellate jurisdiction in these cases. [146] The
visiting oidores imposed fines in accordance with a tariff which
had been formulated by the audiencia and approved by the Council
of the Indies. [147] All fines levied by the audiencia, either upon
officials or individuals could be remitted by the president with the
consent of the acuerdo. [148]
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