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 audiencia had appellate jurisdiction over all residents of the
colony, both natives and Spaniards. All crimes committed within five
leagues of the city of Manila were ordered to be tried by the oidores
in first instance, [196] but unless they were of extraordinary
importance, special investigators, usually alcaldes mayores or
alcaldes ordinarios, were delegated to try them in the name of the
audiencia. [197] As already stated, most of the criminal cases arising
in the colony were tried in first instance in the provinces by the
alcaldes mayores. Cases appealed to the audiencia were reviewed in
that tribunal. The trial consisted of an examination of the summary
or abstract of the case as it was originally tried by the lower judge
and, if errors were found to exist, the decision was either reversed
or the case was remanded to the judge who first had tried the case,
for second trial. [198] The audiencia did not try the case with the
defendant present. It merely reviewed the proceedings of the lower
judge. Criminal cases were not ordinarily appealable to the Council
of the Indies.
The procedure in criminal cases was generally so similar to that
already described that it is unnecessary to give any illustration
of the audiencia's criminal jurisdiction. Most of the cases that
eventually reached the audiencia involved Spaniards, native caciques,
and half-castes. Natives who were charged with robbery, murder, and
crimes of a depraved nature were usually of a class unable to finance
appeals to the audiencia. This fact probably accounts for the scarcity
of criminal cases appealed during the first two centuries of the
audiencia's existence. [199] However, the reforms of the nineteenth
century brought an increased number of cases into the audiencia by
systematizing the administration of justice, differentiating the
judgeships from administrative offices, and providing for greater
facility of appeal. [200]
It is probable that in criminal as well as in civil cases, Spaniards
derived considerable benefit from the fact that the audiencia was
composed of magistrates of their own nationality. High officials, no
doubt, escaped the consequences of their misdeeds more easily than did
men of more modest social and political attainments. This is shown by
the well-known case of the murder by Governor Fajardo of his wife on
July 21, 1621; this came up before an audiencia which was composed of
judges who were largely under the governor's domination. The tribunal
gave the matter a cursory investigation, after which the governor was
allowed to go unpunished. [201] We shall see that proceedings were
different, however, when officials under investigation were charged
with offenses against the government. The residencia, which dealt
with such charges, was a pitiless form of inquisition in which the
officiating magistrate was in duty bound to find his victim guilty,
if possible.
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