Royal Audience of Manila
Encyclopedia
The Royal Audience of Manila was the highest tribunal of the Spanish Empire
Spanish Empire
The Spanish Empire comprised territories and colonies administered directly by Spain in Europe, in America, Africa, Asia and Oceania. It originated during the Age of Exploration and was therefore one of the first global empires. At the time of Habsburgs, Spain reached the peak of its world power....

 with jurisdiction over all territories administered by the Captaincy General of the Philippines
Captaincy General of the Philippines
The Captaincy General of the Philippines was an administrative district of the Spanish Empire. The Captaincy General encompassed the modern country of the Philippines and associated Spanish Pacific possessions...

, an administrative unit that had been established in 1574 as a dependency of the Viceroyalty of New Spain.

The Governor-General of the Philippines
Governor-General of the Philippines
The Governor-General of the Philippines was the title of the government executive during the colonial period of the Philippines, governed mainly by Spain and the United States, and briefly by Great Britain, from 1565 to 1935....

 was appointed as its highest judge, although on many occasions his absence forced other members to rule the tribunal and assume temporary civilian and military powers.

History

A system for the administration of justice in the Philippines that used many of the features that could be found in the judicial and administrative systems of Spain and America, had been established before the Audiencia Real came into existence in the islands. Although the powers and functions of the Royal Audience of Manila were basically the same as those exercised by the Audiencias of other Spanish colonies around the world, several factors, such as the constant danger of naval attack by the Dutch and the British and the dependence of the colony on the commerce of China, called for a different approach.

The Royal Audience of Manila was created by Royal Decree from King Felipe II dated 5 May 1583, and established in 1584. In the Viceroyalty of New Spain, to which it belonged, it had been preceded by the Real Audiencia of Santo Domingo
Real Audiencia of Santo Domingo
The Royal Audiencia of Santo Domingo was the first court of the Spanish crown in America. It was created by Ferdinand V of Castile in his decree of 1511, but due to disagreements between the governor of Hispaniola, Diego Colon and the Crown, it was not implemented until it was reestablished by...

 (1511), the Real Audiencia of Mexico
Real Audiencia of Mexico
The Royal Audience of Mexico was the highest tribunal of the Spanish crown in the Kingdom of New Spain or the Kingdom of Mexico...

 (1527), the Real Audiencia of Panama
Royal Audiencia of Panama
The Royal Audiencia and Chancery of Panama in Tierra Firme was a governing body and superior court in the New World empire of Spain. The Audiencia of Panama was the third American audiencia after the ones of Santo Domingo and Mexico...

 (1538), the Real Audiencia of Guatemala (1543), and the Real Audiencia of Guadalajara
Real Audiencia of Guadalajara
The Real Audiencia of Guadalajara was the highest tribunal of the Spanish crown in what is today northern Mexico and the southwestern United States in the Viceroyalty of New Spain. It was created by royal decree on February 13, 1548, and was originally located in Compostela and permanently seated...

 (1548).

Law XI (Audiencia y Chancillería Real de Manila en las Filipinas) of Title XV (De las Audiencias y Chancillerias Reales de las Indias) of Book II of the Recopilación de Leyes de las Indias
Laws of the Indies
The Laws of the Indies are the entire body of laws issued by the Spanish Crown for its American and Philippine possessions of its empire. They regulated social, political and economic life in these areas...

of 1680—which compiles the original decree and the one of May 25, 1596—describes the limits and functions of the Audiencia and its President.

In the city of Manila on the Island of Luzon, Head of the Philippines, shall reside another Royal Audiencia and Chancellery of ours, with a president, who shall be governor and captain general; four judges of civil cases
Private law
Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts, as it is called in the common law, and the law of obligations as it is called in civilian legal systems...

 [oidores], who will also be judges of criminal cases
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...

 [alcaldes del crimen]; a crown attorney [fiscal]; a bailiff [alguacil mayor]; a lieutenant of the Gran Chancellor; and the other necessary ministers and officials; and which shall have for district said Island of Luzon, and the rest of the Philippines, the Archipelago of China
Taiwan
Taiwan , also known, especially in the past, as Formosa , is the largest island of the same-named island group of East Asia in the western Pacific Ocean and located off the southeastern coast of mainland China. The island forms over 99% of the current territory of the Republic of China following...

, and its Mainland
Asia
Asia is the world's largest and most populous continent, located primarily in the eastern and northern hemispheres. It covers 8.7% of the Earth's total surface area and with approximately 3.879 billion people, it hosts 60% of the world's current human population...

, discovered and to be discovered. And we order that the governor and captain general of said Islands and Provinces, and president of their Royal Audiencia, have exclusively the superior government of the entire district of said Audiencia in war and peace, and shall make provisions and favors in our Royal Name, which in conformity to the laws of this Compilation and the rest of the Kingdoms of Castile
Crown of Castile
The Crown of Castile was a medieval and modern state in the Iberian Peninsula that formed in 1230 as a result of the third and definitive union of the crowns and parliaments of the kingdoms of Castile and León upon the accession of the then King Ferdinand III of Castile to the vacant Leonese throne...

 and the instructions and powers that We shall grant, he should and can do; and in gubernatorial matters and cases that shall arise, that are of importance, said president-governor should consult on them with the judges of said Audiencia, so that they give their consultive opinions, and having heard them, he should provide the most convenient to the service of God and ours and the peace and tranquility of said Province and Republic.


Santiago de Vera
Santiago de Vera
Santiago de Vera was the sixth Spanish governor of the Philippines, from May 16, 1584 until May 1590. The construction of the walled city of Intramuros, Manila, commenced during his term. Fuerte de Santiago in Intramuros was named after him....

, sixth Spanish Governor-General of the Philippines, dissatisfied with the limits that the Audiencia imposed on his authority as a governor, dissolved the institution in 1590, and sent to Mexico all judges that composed the tribunal.

Governor-General Francisco Tello de Guzmán reestablished it in 1596.

Jurisdictions of the Audiencia

Most of the laws dealing with the establishment of all 16th and 17th century Audiencias can be found in the Recopilación de Leyes de los Reynos de las Indias
Laws of the Indies
The Laws of the Indies are the entire body of laws issued by the Spanish Crown for its American and Philippine possessions of its empire. They regulated social, political and economic life in these areas...

issued in 1680.

Civil Jurisdiction

The Audiencia was given supervision over the administration of the estates of deceased persons. Special attention received the trials of cases involving states from native owners, and a provision was made that: "our said president and Oidores shall always take great care to be informed of the crimes and abuses which are committed against the Indians under our royal crown, or against those granted in encomiendas to other persons by the governors." The Audiencia was directed to exercise care that "the said Indians shall be better treated and instructed in our Holy Catholic Faith, as our free vassals." This was in conformance with the requirement to exercise great care in suits involving the local population, respecting their rites, customs, and practices to which they had always been accustomed. Appointed local government officials were ordered not to dispossess native chiefs of their rule or authority, and on the contrary, to appeal cases involving them without delay to the Audiencia, or to the visiting Oidor. The Audienciawas to devote two days a week to hearing suits to which Indians were parties. The fiscal, who acted as a prosecutor for the government and was the most important official directly connected with the tribunal, was also instructed to "take care to
assist and favor poor Indians in the suits that they have, and to see that they are not oppressed, maltreated, or wronged."

Although it was commanded not to interfere with governors of provinces, it had the right, when charges had been made by private individuals, to conduct investigations on government officials. The Audiencia was also empowered to investigate the judges of provinces, and had the authority to try cases of appeal from local governors, town and city mayors, and other magistrates of the provinces; it also had jurisdiction over civil cases appealed from government officials of the city and original jurisdiction over all criminal cases arising within five leagues of the city of Manila.

Civil suits of sufficient importance could be appealed from the Audiencia to the Council of the Indies, that exercised supreme authority over all overseas territories, and acted as a last resort Supreme Court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...

.

Government Jurisdiction

The Audiencia exercised very pronounced authority over the services of public servants and officials officials in the Philippines, and reported to the court all matters relative to the conduct, work, or attitude of any employee or official of the government. The Governor-General himself was forbidden to authorize extraordinary expenditures from the treasury without express royal permission, except in cases of riot or invasion.

Although the Governor-General had the right to make appointments in most departments of the government, except in the offices appointed directly by the Crown, the Audiencia imposed a very strict check on these appointments that was almost invariably a source of conflict throughout the history of the colonial government.

Oidores

The president of the Audiencia was empowered to delegate on the (oidores
Oidor
Oidor is the Spanish name of the member judge of the Royal Audiencias and Chancillerías, originally courts of Kingdom of Castile, which became the highest organs of justice within the Spanish Empire...

) to investigate about the correct administration of government and justice in the provinces. They were to note the state of the towns and their needs, the means taken for the construction and preservation of public buildings. Oidores were also required to check on the condition of the natives on the encomiendas and make sure they were faithfully and efficiently instructed and not permitted to live in ignorance and idolatry. They also had to make reports on the state of the soil, the condition of the crops and harvests, extent of mineral wealth and timber, and just about everything that had to do with the general welfare. On these trips the Oidores were authorized to take such action as they deemed to be necessary.

Oidores were forbidden to receive any fees from or to act as advocates for any private person, and they could not hold income-yielding estates in arable land or cattle. Oidores were also forbidden to engage in business, either singly or in partnership, nor could they avail themselves of the services of the natives. Any person could bring suit against an Oidor. The Audiencia was forbidden to act alone in the selection of the Judges, and magistrates were forbidden to hear cases affecting themselves or their relatives. No relative of the President or of an Oidor could be appointed legally to a government post. Criminal charges against the oidores
Oidor
Oidor is the Spanish name of the member judge of the Royal Audiencias and Chancillerías, originally courts of Kingdom of Castile, which became the highest organs of justice within the Spanish Empire...

 were to be tried by the Governor-General, with the assistance of government officials fit to judge on the case.

Military Jurisdiction

The Audiencia did assume responsibility for the defense of the Philippines on many occasions, such as in 1607, when it maintained the defense of Manila and Cavite against the Dutch, or between 1762 and 1764, when Oidor Simón de Anda y Salazar
Simón de Anda y Salazar
Simón de Anda y Salazar was a Spanish Basque governor of the Philippines from July, 1770 to October 30, 1776.-Oidor at the Royal Audience of Manila and Lieutenant Governor:...

 assumed military power on behalf of the Audiencia, organizing and maintaining a defense against the British who had invaded Manila, a move that was later approved by the King of Spain.

The Audiencia also assumed temporary military powers during the governments of Pedro Bravo de Acuña
Pedro Bravo de Acuña
Pedro Bravo de Acuña was a Spanish military officer and colonial official in the New World and the Philippines. From 1602 to 1606 he was governor of the Philippines.-Early career and arrival in the Philippines:...

, Juan de Silva
Juan de Silva
Juan de Silva was a Spanish military commander and governor of the Philippines, from April 1609 until his death on April 19, 1616.De Silva was a native of Trujillo, Spain, and a knight of the Order of Santiago...

, Juan Niño de Tabora
Juan Niño de Tabora
Juan Niño de Tabora , was a Spanish general and colonial official. From June 29, 1626 until his death on July 22, 1632, he was governor of the Philippines.-Early life:Juan Niño de Tabora was born in Galicia...

, Sebastian Hurtado de Corcuera
Sebastián Hurtado de Corcuera
Sebastián Hurtado de Corcuera was a Spanish soldier and colonial official. From 1632 to 1634 he was governor of Panama. From June 25, 1635 to August 11, 1644 he was governor of the Philippines. And from 1659 to his death in 1660 he was governor of the Canary Islands...

 (1635-1644) and Diego Fajardo Chacón
Diego Fajardo Chacón
Diego Fajardo Chacón was a Spanish military officer and governor of the Philippines, from August 11, 1644 to July 25, 1653.-Background:A knight of the Order of Santiago, Diego Fajardo was an illustrious scion of the house of the Marqués de los Vélez and a nephew of Philippine Governor Alonso...

, as they were engaged in lengthy military expeditions outside Manila.

Juicio de Residencia

Among the most frequently complaints made against the Governor-General and his military subordinates was their abuse of power. In order to make all military personnel accountable for their actions a Juicio de Residencia (Trial of residence) was held at the end of their terms (although it could be held at any time, if deemed necessary).

This judicial trial 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 was found to have acted honestly, giving him a clean certificate of recommendation. If he was found guilty of official misconduct, dishonesty or any other crimes, he was apprehended, degraded, and punished, according to his wrongdoings.

Edward Gaylord Bourne
Edward Gaylord Bourne
Edward Gaylord Bourne, Ph. D. was an American historian , born in Strykersville, New York, and educated at Yale graduating in 1883 with high honors. He taught at Adelbert College, Cleveland from 1888 - 1895 when he became a Professor of History at Yale.- Publications :Bourne published many...

 described the process as extremely harsh: "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."

One of the most famous Residencia trials was that of Sebastián Hurtado de Corcuera
Sebastián Hurtado de Corcuera
Sebastián Hurtado de Corcuera was a Spanish soldier and colonial official. From 1632 to 1634 he was governor of Panama. From June 25, 1635 to August 11, 1644 he was governor of the Philippines. And from 1659 to his death in 1660 he was governor of the Canary Islands...

, Governor-General from 1636 to 1644, who during his rule had managed to anger several personalities from the ecclesiastic, military and civilian hierarchies. Upon leaving office he had a particularly severe Juicio de Residencia after which he was sentenced to a prison term of which he served five years at Fort Santiago
Fort Santiago
Fort Santiago is a defense fortress built for Spanish conquistador, Miguel López de Legazpi. The fort is part of the structures of the walled city of Intramuros, in Manila, Philippines. José Rizal, the Philippines' national hero, was imprisoned in the fort before his execution in 1896...

 and made to pay a substantial fine.

Another Governor-General, Fausto Cruzat y Gongora, was convicted at the end of his term in 1701 for cheating on the native laborers. The Court concluded that “although the estimated cost of construction for the government house was 30,000 pesos, only 6,000 pesos were disbursed, the remainder representing what the natives contributed of their sweat and blood”, at a time when one peso was the equivalent of the yearly salary of a native galleon builder in Cavite and a house could be bought for twenty pesos.

Jose Basco y Vargas
José Basco y Vargas
José Basco y Vargas, 1st Count of the Conquest of Batanes Islands was a naval officer who served as the 53rd governor of the Philippines under Spanish colonial rule, from 1778 to 1787...

, who first came to the Philippines during the administration of Governor Pedro Manuel de Arandia, as Oidor of the Audiencia, was also made to endure a Juicio de Residencia with charges brought against him in 1764, during which a review was made of his acts while as an Oidor he continued resistance once Manila had fallen during the brief British occupation of Manila, in defiance of the orders of Archbishop Rojo
Manuel Rojo del Rio y Vieyra
Manuel Antonio Rojo del Rio y Vieyra was a Mexican friar who served as the Archbishop of Manila and Governor-General of the Philippines at the commencement of the 1762–1764 British occupation of Manila.-Early life:Rojo del Rio was born in Tula, Mexico on September 24, 1708...

. His actions were not only approved, but he was also awarded high honors and promotions. On November 19, 1769, he was granted an annual pension of 3000 pesos for life. Basco y Vargas later went on to became the 44th Governor of the Philippines, ruling from 1778 until 1787.

Ecclesiastic Jurisdiction

The Audiencia exercised both executive and judicial powers over the Church. The tribunal ruled over disputes between orders, between the government and the Church or any of its representatives, over cases relating to land titles, over abuses against the natives by representatives of the Church, and over cases involving the Jus patronatus. However the Audiencia was ordered to exercise its mandate without harming the rights and prerogatives of the church and to assist the prelates on all occasions when they petitioned for aid from the Spanish Crown.

Some other ecclesiastical affairs could also claim the attention of the Audiencia, such as the supervision over the assignment of benefices, and especially with the settlement of the property and estates of Bishops and Archbishops who had died in the Philippines.

Educational Jurisdiction

The Audiencia of Manila also exercised its authority over the colleges and universities. Therefore Oidores and fiscals were automatically excluded as candidates rectories. Instead, they were to make sure that the level of education in the universities, colleges and seminaries was up to approved standards, and that candidates for the licentiate did deserve the degree.

As early as 1585 the Jesuits had requested to establish a college in Manila, but although the Audiencia reported satisfactorily on the work of the Jesuit order, it concluded that there was no need to finance such a costly enterprise, granting only permission to establish the college of San Jose in 1601, that managed to maintain itself without royal aid until 1767. in 1648 the Jesuits asked again the Audiencia for the right to grant academic degrees at the newly upgraded University of Santo Tomas
University of Santo Tomas
The Pontifical and Royal University of Santo Tomas, The Catholic University of the Philippines , is a private Roman Catholic university run by the Order of Preachers in Manila. Founded on April 28, 1611 by archbishop of Manila Miguel de Benavides, it has the oldest extant university charter in the...

, and again their request was denied by the tribunal. However the Audiencia's ruling was overturned by the Council of the Indies in 1653. In 1769, after the expulsion of the Jesuits, the Audiencia tried for a time to administer San Jose, but a cedula was issued ordering to close down the college and transfer all existing students over to secular colleges and seminaries. The Audiencia then reported to the Council of the Indies on the transaction details that involved revenues derived from Jesuit properties, whose income was remitted to the Royal Treasury. The Archbishop of Manila tried to obtain the administration over all those properties and revenues, but it was stopped by the Audiencia. The Crown sustained the Audiencia's measures and forbade the prelate from trying to appropriate any of these assets.

District Audiencias

In 1893 two District Audiencias were established, one in Cebu
Cebu
Cebu is a province in the Philippines, consisting of Cebu Island and 167 surrounding islands. It is located to the east of Negros, to the west of Leyte and Bohol islands...

 and the other in Vigan. They were subordinated to Manila and only had jurisdiction over criminal cases on appeal.

See also

  • Captaincy General of the Philippines
    Captaincy General of the Philippines
    The Captaincy General of the Philippines was an administrative district of the Spanish Empire. The Captaincy General encompassed the modern country of the Philippines and associated Spanish Pacific possessions...

  • Council of the Indies
  • Spanish East Indies
    Spanish East Indies
    Spanish East Indies was a term used to describe Spanish territories in Asia-Pacific which lasted for three centuries . With the seat of government in Manila, the territory encompassed the Philippine Islands, Guam and the Mariana Islands, the Caroline Islands, and for a period of time, parts of...

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