The Audiencia in the Spanish Colonies: As illustrated by the Audiencia of Manila (1583-1800)Cunningham, Charles Henry
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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
This case is illustrative of the ineffectiveness of the system for the
administration of justice in Spain's colonies. It had taken two years
for this appeal to be carried to Spain and receive the attention of
the Council of the Indies. The answer had yet to be returned, probably
requiring at least a year more for the return of the Vera Cruz and
Acapulco galleons and for the proper proceedings to be carried on
in the Manila tribunal. It is questionable whether the Indians in
whose interests this was ultimately done ever received any benefit
from these legal proceedings.
The case which has just been described involved the trial and
punishment of a corregidor in the defense and protection of the
natives. It is important to note that this case was ordered to be
tried in first instance by the governor and not by the audiencia. The
jurisdiction of the latter tribunal in second instance was confirmed
by the king on this occasion. By the law of October 9, 1812, and by
others made pursuant to the Constitution of 1812, the audiencia was
given jurisdiction in first instance over cases involving provincial
officials, and particularly judges. In regard to the care and
protection of the Indians, which was involved in this controversy,
the law provided that such cases should be treated originally by the
corregidores and alcaldes mayores with appeal to the audiencia. [167]
But this case dealt primarily with the official conduct of a
corregidor, over whom the governor had more direct jurisdiction. The
cédula of May 13, 1798, which constituted the reply of the king to
the appeal of the fiscal in the case described above, ordered that
henceforth in cases affecting the relations of the corregidores and
alcaldes mayores on the one part and the Indians on the other, the
fiscal, audiencia, and governor should act in acuerdo, in that way
avoiding friction and quarrels over jurisdiction. [168]
Public-domain text, read in full here on John Shaqi.
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