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 important to note at the outset that the residencia was not
conducted periodically alone, but that it might be held at any time
in the career of an official. The term pesquisa was applied to the
form of residencia which was carried out by a special investigator
(pesquisidor), sent when serious charges were made against the conduct
of an official. [215] In the investigation which took place the
official might be fined, or if grave offenses were proved, he might be
removed from office. Appeals might be made from the pesquisidor to the
audiencia and to the Council of the Indies. In fact, the judgments of
the pesquisidor were always reviewed in the local tribunal unless the
investigating judge had been commissioned by the Council of the Indies.
The distinction which has been made here between the formal residencia
which occurred at the close of the term of office and the pesquisa
which might take place whenever serious charges were made, was first
emphasized in laws promulgated by Charles V in 1538, and by Philip
II in 1591; these aimed to put a stop to the excesses of certain
governors, corregidores, and ministers of justice, who, relying on
the practice then prevailing of taking residencias only at the close
of the official term, had committed unlimited excesses. The new laws,
above referred to, stated that although it had never been the royal
wish that residencias of royal appointees should be taken without
notice having been sent first to the monarch, the above circumstances
had made it necessary for them to be taken when charges were made. This
cédula, therefore, authorized the taking of residencias whenever the
best interests of the service required it. [216]
This cédula was followed by another which forbade the sending of
special investigators or judges of residencia against governors of
provinces, unless persons of responsible character presented charges
against them, giving bonds to cover the costs. An investigator
was thereupon sent to conduct the trial of the official under
examination. [217] This matter is covered in slightly different
terms in the law of June 19, 1620. According to that enactment, a
receptor [218] might be sent to conduct the preliminary investigations
of corregidores and ordinary justices when these demanded instant
attention and could not await the formal residencia. If, as a result
of this inquiry, the guilt of the official seemed apparent, a more
complete investigation was made by a judge appointed by the president
and audiencia in acuerdo. [219]
Public-domain text, read in full here on John Shaqi.
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