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
It is notable how frequently the action of the audiencia or that of
the governor was confirmed by the Council of the Indies. In most of
the cases which have been described, the original papers, including
letters, autos and testimonios, each expediente [179] containing from
one hundred to two thousand pages, are marked "seen by the Council",
"action of the governor confirmed", or "no action to be taken";
the original decisions being thus confirmed. It may be concluded,
therefore, from this brief study that the audiencia had appellate
jurisdiction as a court of law over suits involving encomiendas, and,
furthermore, that the tribunal acting in that capacity placed a very
effective and definite check on the governor in his executive control
over encomiendas.
Property suits, aside from those involving encomiendas, were
numerous. One noted case may be cited in which the heirs of Governor
Fausto Cruzat y Góngora in 1703 brought suit to recover money owed
by Gaspar Sánchez and Bernardo de Guirós to the ex-governor. The
audiencia failed to award the sum, which approximated 8000 pesos. The
case was appealed to the Council of the Indies and the decision was
reversed, the plaintiffs being awarded the money originally sued for,
with costs of suit. A similar case was brought by the children and
heirs of Governor Bustamante against Juan de Nebra, general of the
galleon. The case was tried in the audiencia and the tribunal decided
in favor of the defendant. The case was appealed to the Council of
the Indies and the decision was reversed. [180] In 1736 Gaspar Thomé,
a Frenchman, sued the estate of a deceased debtor, Juan de Olerte,
for 2000 pesos. [181] The case was appealed to the Council of the
Indies, and fully two hundred pages of documentary material exist,
carefully annotated and digested, to show how thoroughly and with
what formality a suit of even that small import was tried. We have
already noted the tendency of the government to discourage the appeal
of property suits to the Council of the Indies. The jurisdiction of
the audiencia was final, for the most part, in suits involving sums
from 200 to 6000 pesos.
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