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 suspended the proposed action of Coloma, pending the
reply of the Council of the Indies. In addition to the protest of
the audiencia, the fiscal, on May 20, 1670, sent a report of the
case to the court, which act was in fulfillment of his regular
duties as fiscal, as prescribed by the laws of the Indies. [236]
The notes from Manila were effective in bringing about the desired
results. Upon receipt of the communications, the Council of the
Indies, on June 17, 1671, ordered the nullification of all former
cédulas, cancelled Coloma's appointment to take the residencia in
question, on the grounds that he had been the governor's asesor,
and appointed Fernando de Montemayor, the oidor next in rank, to
conduct the residencia of the governor. [237] Salcedo had already
been dead three years, and two more transpired before his residencia
was completed and the autos thereof reviewed by the Council.
The laws provided ample opportunity for appeal in cases of
residencia. The cédula of November 17, 1526, ordered that appeals
might be made to the Council of the Indies from judges of residencia
in cases involving liabilities in excess of 600 pesos. [238] Many
appeals were made to the Council in accord with this law, and the
time of the tribunal was consumed in the consideration of matters
comparatively of small importance. To obviate this defect the law was
changed on August 7, 1568, to provide that no case could be appealed
to the Council of the Indies unless the sentence imposed capital
punishment or deprivation of office. [239] The cédula of June 23,
1608, ordered that if the fine imposed upon the governor and ministers
of the Philippines did not exceed one thousand pesos the case should
be finished in the audiencia. [240] Cases involving a greater amount
were to be appealed to the Council. Sentence of judges of residencia
were not to be executed pending the trial of appeals to the audiencia
and the Council of the Indies. [241]
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