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
Criminal cases of a character slightly different from those described
above were prosecuted by the government for the infraction of any
governmental regulation, or for the evasion of the payment of taxes
or duties. The collection of revenues devolved upon the oficiales
reales and they were ordered to accomplish their duties in this
particular, if possible, without the assistance of the courts. [202]
Numerous cases did come up in the audiencia, however, involving the
prosecution of individuals for violations of the alcabala, quinto,
and the tax on the export of silver (comisos). Persons assisting in
the apprehension of violators of these laws were rewarded with a part
of the proceeds of the fine, the remainder becoming the property of
real hacienda. On October 6, 1783, the final jurisdiction in cases
of smuggling and non-payment of the king's fifth was taken from the
audiencia, appeals being authorized to the Council of the Indies. [203]
Reference has already been made to the services of an oidor as
special auditor de guerra. This, as well as other matters relating to
the jurisdiction of the governor and captain-general over military
matters, wherein the audiencia had no authority, will be noted when
an examination is made of the relations of the governor and audiencia
in a subsequent chapter. Suffice it to say here that the audiencia
did not have jurisdiction as a court over soldiers or military affairs.
Closely related to the subject of the defense of the Islands, and
the exercise of judicial authority over soldiers was the special
jurisdiction which the governor had over matters relating to the
Chinese. This subject will be treated in greater detail when we
discuss the relations of the audiencia and the governor.
During the first two centuries of its existence the audiencia had
jurisdiction as a judicial tribunal in the cases and instances which
have been noted. It had civil and criminal authority, original and
appellate. Its decisions were final in civil suits on claims for six
thousand pesos or less. Criminal cases were settled in the audiencia.
Public-domain text, read in full here on John Shaqi.
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