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
Nevertheless the presence of a tribunal had the effect of encouraging
the inhabitants of the Islands to litigation. It has been said that
there have been more lawsuits in the Philippines than in any other
country of the same size and population, which remark probably would
apply to any country where the Spanish judicial system had lately
obtained. This condition was no doubt due to the fact that adequate
facilities existed whereby the natives could go to law. Lawyers
and judges were ever unduly ready to encourage and hear any suits
which might arise if there were any way in which profit might be
derived therefrom. Pardo de Tavera, in discussing these phases of
the legal history of the Islands, states that the laws protected the
native, but at the same time they kept him in a state of perpetual
tutelage. Judgments were passed by native magistrates in suits
between natives in the later days of Spanish rule, but in general
throughout the period of Spain's domination suits were prosecuted
under the direction of a protector of the Indians in case one party
to a suit was a Spaniard, or when the rights of the natives were in
any way jeopardized or injured by a Spaniard. "In this manner Spanish
prestige was preserved, inasmuch as it was no longer an Indian who
asked for the punishment of one belonging to a superior race, but a
Spaniard who took up the Indian's cause and conducted the suit against
another Spaniard." [160] Thus it may be seen that in Spain's judicial
system the means were provided, in theory at least, whereby the meanest
native could obtain justice, not only among his fellows, but in cases
to which members of the superior Spanish race were parties.
Public-domain text, read in full here on John Shaqi.
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