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 declared purpose of the whole system of legislation for the Indies
was the material and spiritual well-being of the Indians. [161] The
officials of the government, the churchmen, and the encomenderos
were especially charged in their commissions and in official
correspondence to make the protection and welfare of the Indians
their chief concern. Attention has just been directed to the office
of protector of the Indians. The fiscal, or one of his assistants,
attended to that duty in the Audiencia of Manila, while agents
(agentes fiscales) were especially commissioned by the fiscal to act
in that capacity in the provinces. [162] We have also noted that the
oidores were charged with the duty of protecting the Indians when
officiating as visitors in the provinces. Such cases, also those
involving decisions of corregidores and alcaldes mayores by which
the natives were dealt with unjustly, were appealable, under certain
circumstances, to the audiencia. These cases commanded the immediate
attention of the tribunal, to the exclusion of other business. [163]
Among the vast number of cases at our disposal which illustrate the
jurisdiction of the tribunal over such matters, the following may be
selected as typical. On May 16, 1796, the fiscal brought a charge in
the audiencia against the governor, exposing the sufferings inflicted
upon the Indians of the barrio of Santa Ana by the corregidor of Tondo
[164] in connection with the construction of a road. The audiencia
refused to consider the case in first instance, as the matter was not
contentious, but it recommended that the fiscal should make the charges
before the governor and have him render a decision upon the matter; if
exception were taken to his decision the case could be appealed to the
audiencia. The oidores found that they were without jurisdiction over
the case in first instance and they declared that their entertainment
of the suit would be in violation of the laws of the Indies. [165]
The fiscal appealed from the judgment of the audiencia. The Council
of the Indies, in a return communication dated May 13, 1798, [166]
approved the ruling of the audiencia, affirming that in cases of
the nature referred to, the fiscal, as protector of the Indians,
should submit testimony in behalf of the latter to the governor,
who should consider whether the Indians had been wronged and render
his decision accordingly. If exception were taken to the decision of
the governor, the case could then be appealed to the audiencia. While
these appeals and this litigation were in progress, the Indians were
being subjected to repeated hardships.
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