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
Of the various authorities at our disposal, Bancroft gives the most
acceptable characterization of the residencia. He defines it as an
examination held, or an account taken, of the official acts of an
executive or judicial official within the province of his jurisdiction
during the term of his incumbency. This, Bancroft says, was done
at the expiration of the term of office or at stated periods, or,
in case of malfeasance, at any time. [213] The principle underlying
the institution of the residencia was bequeathed to the Spaniards
by the Romans, being similar to and probably derived from their law
which gave the right of accusation to any Roman citizen against an
office-holder. The residencia was conducted by a judicial official,
and it combined the features of a general survey of the career of the
official under investigation, an auditing of his accounts and a formal
trial. Its purpose was to ascertain whether or not the official had
faithfully executed his duties and it served to clear him if he were
proved honest, giving him a clean certificate of recommendation. If
he were found guilty of official misconduct or dishonesty he was
apprehended, degraded, and punished, according to his deserts.
Professor Bourne has written in regard to the residencia:
The residencia ... was an institution peculiar in modern times of
the Spanish colonial system. It was designed to provide a method
by which officials could be held to strict accountability for
all acts during their term of office.... To allow a contest in
the courts involving the governor's powers during his term of
office would be subversive of his authority. He was then to be
kept in bounds by realizing that a day of judgment was impending,
when everyone, even the poorest Indian, might in perfect security
bring forward his accusation. In the Philippines the residencia for
a governor lasted six months and was conducted by his successor
and all the charges made were forwarded to Spain.... The Italian
traveller Gemelli Careri who visited Manila in 1696 characterizes
the governor's residencia as a "dreadful Trial", the strain of
which would sometimes "break their hearts."
Professor Bourne stated that it was the opinion of De Pons that
"the severities of the residencia could be mitigated, and no doubt
such was the case in the Philippines. By the end of the eighteenth
century the residencia seems to have lost its efficacy." [214]
Public-domain text, read in full here on John Shaqi.
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