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
Soon after the audiencia was abolished in 1589, arguments were
presented at court for its restoration. From the large number of
petitions that were presented, two, aside from those discussed in
the preceding chapter, may be cited here because they illustrate
the disadvantages from a judicial point of view of having the
administration of justice in the hands of the governor, with appeal
to Mexico. Francisco de la Misa, factor of the treasury of Manila,
wrote a memorial to the king on May 31, 1595, [155] referring to the
delay which had arisen in the trial of suits involving encomiendas: the
jurisdiction of the governor was not final; appeals had to be carried
to the Audiencia of Mexico and cases involving a thousand ducats or
more had to be taken from that tribunal to the Council of the Indies;
[156] this meant two appeals and much delay. He mentioned certain
cases which had been pending two years, and showed that, because of
the delay to which they had been subjected in Mexico, it would be at
least two years more before the decisions could be returned. Misa said
that conditions had reverted to the state which had existed before the
audiencia was established; a much larger number of cases was awaiting
trial than the governor and his lieutenant could attempt to try. These
difficulties were multiplied by the fact that there was no fiscal,
an officer whose services as legal adviser to the government and as
prosecuting attorney were indispensable. [157]
Misa petitioned for a reform of the law which had established the
governor as judge of ultimate recourse in cases involving one thousand
pesos (ducats) or less. He believed it advisable to reduce the limit
of the value of cases settled in the colony from one thousand to four
hundred pesos and appeal all those exceeding the latter sum to the
Audiencia of Mexico. It would result in a more equitable administration
of justice, he stated, if the trial of important cases were conducted
in second instance before that tribunal. This practice, though subject
to great delay, would have the advantage of guaranteeing the review
of these cases by a competent and properly qualified magistracy
rather than by a biased and tyrannical executive. He alleged that
four hundred pesos in the Philippines meant as much as a thousand
elsewhere. Another suggestion advanced by Misa was that suits and
investigations involving real hacienda should be tried by competent
judges, rather than by the governor, whose own personal interest in the
cases was often too great to ensure fair trial. Another evil pointed
out by Misa, and a fairly typical one throughout the history of the
colony, was the delay and uncertainty of the residencia. This defect
was particularly apparent at this time because all cases of residencia
had to be sent to Mexico, since there was no tribunal in Manila
with jurisdiction on appeal over these official investigations. Misa
described the plight of various alcaldes mayores, corregidores, and
Public-domain text, read in full here on John Shaqi.
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