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
JUDICIAL FUNCTIONS OF THE AUDIENCIA; THE RESIDENCIA [204]
The purpose of the residencia was to uphold the morale of colonial
service by making officials answer for all their acts in a judicial
examination held at the close of their terms. It may be said that
the fear of the residencia was almost the sole incentive to righteous
official conduct or efficient public service, and it will be seen that
the audiencia exercised very pronounced authority in this. Indeed,
the audiencia had general supervision in a semi-judicial capacity over
the services of officials and public servants in the colonies. It was
the function of the audiencia to send reports to the court relative
to the conduct, work, or attitude of any employee or official of the
government, or of any resident of the colony. These reports were known
as informaciones (pareceres) de servicio. [205] The tribunal itself
was ready at all times to hear complaints against provincial governors
and judges, treasury officials, magistrates, governors, or, in fact,
any and all officials holding their positions by virtue of the king's
commission. [206] Charges might be made by a wronged party or by anyone
whose knowledge of an abuse was sufficient to justify charges. Heavy
penalties were imposed upon persons making false or unsubstantiated
charges. [207] Complaints against alcaldes mayores and corregidores
were most likely to be made during the regular investigation of the
visiting oidor, which, as we have noted, occurred every three years,
but sufficient complaint might be made to justify the dispatch of a
special investigator at any time. [208]
The findings of the above inspections might be reviewed by the
audiencia and lead to the suspension and dismissal of the official
under investigation. [209] The final action had to be confirmed by
the Council of the Indies in case the person concerned were a royal
appointee, but in these matters the action of the local officials was
usually approved. For the removal of oidores and oficiales reales a
slightly different method was pursued. A magistrate of the audiencia
was designated to investigate the case, the evidence was submitted to
the Council of the Indies and final action was taken by it and not by
the audiencia. [210] Any and all charges brought against an official
in these investigations, even though he were cleared at the time,
might be revived in the residencia.
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