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, but when the value of the Indians justified the attention
of the tribunal, its decisions were final, taking precedence over
those of the governor. [153] This, then, was the final status of the
jurisdiction of the audiencia over encomiendas as set forth in the laws
of the Indies. In the Philippines the authority of the tribunal in
regard to them was neither executive nor legislative, except in such
cases and on such occasions as we shall refer to later. The judicial
authority of the Audiencia of Manila over encomiendas was indisputable.
Having indicated the general basis upon which the authority of the
audiencia rested, we may more precisely define its jurisdiction by
reviewing a few of the most characteristic cases which were tried
in the tribunal in accordance with the laws already discussed. The
statement has been made that at the time of its establishment the
audiencia was needed as a court of justice and that it was removed
in 1589 for political reasons rather than because of the inadequacy
or failure of the institution as a tribunal of justice. In the
preceding chapter we saw that the audiencia was designed to relieve
the executive of judicial duties, such as the trial of cases appealed
from the alcaldes mayores of the provinces and the alcaldes ordinarios
of the city. These functions, up to the time of the establishment of
the audiencia, had been exercised by the governor. This had resulted
in favoritism and in a perversion of justice to the private ends
of the governor and of his friends. Perhaps the chief evil under
the system had proceeded from the governor's double jurisdiction,
as both executive and judge, over cases involving encomiendas and
encomenderos. The governor assigned encomiendas in the name of the
king, and he was also judge with final jurisdiction over all suits
involving them, the law of Malines being impossible of execution in
the Philippines before the establishment of the audiencia, and after
its withdrawal in 1589. [154]
The same was true in regard to commercial cases, and complaints
were ever arising against the governor's high-handed proceedings
in the allotment of cargo space on the galleons to his friends,
and his monopolization of the best Chinese goods that came to
Manila. The governor, as in the assignment of encomiendas, enjoyed
an undue advantage in these matters, for at the same time that he
was the executive with the power of bestowing these favors, he was
the sole judge in all contentions which arose regarding commerce. It
was therefore distinctly in the interests of justice that a supreme
court should be established, and it is easy to understand why those
who had profited by the absence of the audiencia should oppose its
restoration, and why others should take the opposite view.
Public-domain text, read in full here on John Shaqi.
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