THE SEMI-JUDICIAL AND ADMINISTRATIVE FUNCTIONS OF THE AUDIENCIA.
Aside from the activities which have been described, the magistrates
of the audiencia rendered important services in various administrative
capacities. From the beginning until the end of the eighteenth century
the oidores were assigned to special commissions or judgeships with
jurisdiction over such miscellaneous secular and ecclesiastical matters
as did not come readily under any other department or authority. In
practically all cases these functions involved the oidores in their
individual capacities rather than as magistrates of a tribunal of
justice. Though their work was independent of the audiencia, their
decisions were reviewed in the audiencia in many cases. In short, it
may be said that when any unforeseen or unclassified matter came up
for solution, it was usually assigned to a magistrate of the audiencia.
The exercise of these extra functions was especially characteristic
of the history of the audiencia down to 1785, when the reforms
of the intendancy were introduced throughout the Spanish colonial
empire. These important reforms grouped these administrative functions
about a central head, the superintendent, and lessened the duties
of the oidores in these matters, confining the magistrates more
particularly to judicial duties. It may be said, however, that the
oidores exercised these extra functions practically till the end of
the eighteenth century, which period comprised the greater part of
the existence of the colonial audiencia.
The laws of the Indies empowered the president of the audiencia
to designate oidores to serve on these commissions. Additional
compensation and travelling expenses were given for these extra
services. [294] The president was forbidden to send magistrates on
commissions to places outside the district of the audiencia, which, of
course, would have been impossible in the Philippines. Appointment to
some of these commissions was considered by the magistrates as highly
desirable. Frequent disagreements arose over these appointments, and
the king was obliged to issue pacificatory cédulas, from time to time,
to allay the discord and strife which arose over the appointments
to the more lucrative of these places. The principle was laid down
repeatedly that special commissions should be assigned fairly among
the ministers, and that in their distribution only the aptitude of
the magistrates for the particular tasks should be considered. [295]
The term of service for these special posts was a year. No change was
allowed in the incumbency of a particular commission unless on account
of death, sickness, or removal for incompetency. Appointments to these
extra duties were made in the royal name, and appointees were obliged
to make reports to the court on the termination of the commission
held. Magistrates were held responsible for their service in this
capacity in their residencias. In large audiencias such as Mexico,
Lima, and Buenos Ayres in the eighteenth century, many commissions
of this character were served by regular commissioners who held no
other posts, but in the smaller colonies such as the Philippines,
Puerto Rico, and Cuba, they were held by oidores when the duties
connected with the commissions did not entail sufficient work to
occupy all the time of the appointee.
The most important and profitable commissions were awarded to the
senior magistrate of the audiencia. He was charged permanently with
the duty of seeing that all the decrees, fines, and decisions of
the Council of the Indies were executed, collections being made
in accordance with the instructions of that body. These included
fines imposed in residencia and other penalties exacted on different
occasions by the audiencia, or by the Council of the Indies. Among
the latter were confiscations of property and fines for smuggling,
for the illegal exportation of silver, and for the evasion of the
king's fifth, [296] the alcabala and the almojarifazgo. The senior
magistrate was authorized to retain as compensation three per cent
of the amount collected, and he was ordered to give account to the
audiencia of collections made by him in accordance with the law. [297]
Another magistrate was asesor of the Santa Cruzada, and it was his duty
to give legal advice and to act as special attorney for that department
of ecclesiastical activity. [298] The president, fiscal, and the senior
oidor concurred in the acuerdos which treated of matters pertaining to
real hacienda. [299] This was known as the junta ordinaria. A tribunal
of appeals above the junta ordinaria was created later, and in its
activities, also, the magistrates of the audiencia participated. [300]
The audiencia also heard judicially certain cases of appeal involving
the royal treasury, but magistrates who had participated in the junta
mentioned above were not allowed to hear again the cases in which
their previous vote had been given. Each oidor served in turn for the
period of six months on the board of auctions. [301] Magistrates were
appointed by the governor, yearly, in turn, to serve as inspectors
of the government. In this capacity they were expected to examine
and report on the administration of justice and on the work of the
audiencia, the royal treasury and the officials connected therewith,
visitors, provincial officials and those of the city of Manila. The
inspecting magistrate was authorized to examine the records of these
officials and to use any other legitimate means in performance of
his special duties. [302]
An oidor was designated by the president to make periodical inspections
in the provinces. This official had to attend to a variety of matters
while on visits of inspection. He was required to make a census
of the towns, and inquire into the prosperity of the inhabitants;
to audit the accounts of the town officials, and to see whether the
provincial governor or magistrate had been faithful in the execution
of his duties. He was supposed to visit the encomiendas and note the
treatment of the Indians thereon, to find out whether the natives were
properly and sufficiently instructed, or whether they were permitted
to remain in idolatry and idleness. He inspected the churches and
monasteries, seeing that they contained the requisite number of
religious and no more, and noting whether the natives under the charge
of the ecclesiastics were well treated. In the same way he inspected
the curacies of the towns. The visiting oidor was especially required
to give careful attention to the corregidores and alcaldes mayores,
inspecting their judicial and administrative activities and holding
them responsible for any irregularities, especially with regard to
the treatment of the Indians. The visitor was required to inspect
inns and taverns, to ascertain whether they observed the regular
tariffs, and whether the drugs sold in the provinces were of good
quality. He also inspected highways and bridges. If the visitor
found anything wrong he was authorized to take immediate steps, on
his own responsibility, to remedy the defects, reporting any action
taken to the audiencia without delay. As seen in the last chapter,
the immediate consequence of the visit was frequently the residencia
of the official inspected. The visitor was provided with sufficient
funds to defray his expenses, so that he would not be a burden on the
encomenderos or Indians. The president of the audiencia was forbidden
to order visits to the same province more frequently than once every
three years, unless, after an investigation, such action was declared
necessary by vote of the acuerdo. [303]
The audiencia exercised supervision over certain matters of church
finance. These included tithes, the funds of temporalities, and of
certain charitable societies, and jurisdiction over the adjustment of
estates and properties left by deceased prelates. In connection with
the latter was the duty of auditing the accounts of benefices which
were subject to the royal patronage whenever a transfer of occupants
was made. These matters, though miscellaneous in their character,
and accordingly pertinent here, may be reserved for a subsequent
chapter which will be dedicated to a discussion of the relations of
the audiencia and the Church.
An oidor in the Philippines served as judge of medias anatas. [304]
These taxes were levied upon the salaries of all officials of
royal appointment, except ecclesiastics, these exactions varying in
amount from one-half the first year's income to one-tenth of the
gross salary of each official. The cédula of June 2, 1632, [305]
ordered the judge-commissioner of medias anatas to surrender the
money which he had collected to the treasury officials who in turn
were to transmit it to Spain. [306] More definite information as to
the nature of the duties of the judge-commissioner of these funds may
be gathered from the cédula of December 14, 1776, by which Oidor Félix
Díaz Quejada y Obrero was appointed as commissioner of medias anatas in
the Philippines. This magistrate was authorized to retain four per cent
of all that he collected. This percentage, the cédula stated, was the
same as was paid to the commissioner of medias anatas of New Spain. The
cédula ordered Quejada to collect this tax from all royal appointees,
but not from governors of towns or Indian caciques who were elected
yearly, and who, of course, were not royal appointees. Appeals from
judgments of the commissioner of medias anatas were to be entertained
in the Council of the Indies only, and not in the audiencia. [307]
It has been pointed out already in this chapter that the effect
of the reforms of the intendancy was to limit the jurisdiction of
the oidores over special commissions. This is especially true of
those relating to finance. An illustration of this is shown in the
disputes which occurred between the oidores and the governor, over
the conservatorships of betel, [308] wine, tobacco, playing-cards,
and cockpits. When these sources of income developed in the latter
part of the seventeenth century, their supervision, as usual, had been
conferred on oidores with title of asesores or jueces-conservadores
(judge conservators). [309] This was done in disregard of the laws of
the Indies, wherein was expressed the desirability of conferring these
assessorships, if possible, on properly qualified officials, other
than oidores. The magistrate holding a commission was to attend to
the legal duties and adjudicate all suits in connection therewith. The
latter regulation was made in order that when the cases were brought
to trial the magistrate might not be incapacitated by having rendered
decisions in them ahead. The law continued in the following strain:
when a case so urgent and extraordinary offers itself that an
oidor must be appointed, warning is hereby given that ... the same
magistrate who tried the case originally may not be judge. [310]
This law conceded that oidores might serve when other magistrates
were not available.
Governor Marquina, superintendente subdelegado de real hacienda from
1789 to 1793, refused to permit oidores to serve as asesores of the
monopolies of betel, wine, and tobacco. These magistrates claimed,
however, that they were entitled to the appointments, since they
had occupied these positions before July 26, 1784, the date of the
creation of the intendancy in the Philippines. They conceded that
they had been relieved of jurisdiction over these rents on that date,
and that the authority formerly exercised by them had been assumed by
the intendant. [311] By the cédula of November 23, 1787, however, the
intendancy had been abolished and the government restored to "the state
and condition which had previously existed." [312] This would mean
that the oidores should again hold these asesorías, and on the basis
of this reasoning they demanded that the governor should return them.
The oidores did not tamely submit to a deprivation of their posts as
asesores on the occasion of the establishment of the intendancy. They
complained to the king, alleging that these appointments belonged
to them by their own right. The king inquired of Governor Basco y
Vargas why the oidores had not been designated for these duties. The
governor replied that the supervision of the rents had been assumed by
the intendant, but that their direction belonged at that time to the
governor and superintendent, by virtue of the cédula of November 23,
1787. [313] He stated that the oidores had no right of their own to
these asesorías, since the faculty of appointing asesores had been
conferred on the governor (or viceroy) by the laws of the Indies,
[314] and in times past governors had appointed lawyers who were not
oidores. There was therefore no obligation on the part of the governor
to give these places to oidores; indeed, the laws of the Indies had
emphasized the undesirability of doing so. [315]
Basco y Vargas, in pursuance of this conception of his rights and
duties, combined all of these asesorías under the direction of one
office, placing them under the orders of his own asesor, leaving
oidores in charge of each minor asesoría, except that of tobacco,
which was placed under the immediate direction of the governor's
asesor. The king approved this action, giving the new official a
new title, that of asesor de todo lo directivo y lo económico de la
superintendencia subdelegada de la real hacienda de Filipinas. [316]
The local authority appointed Magistrate Castillo y Negrete to this
new position at once, but the king, on the ground that the law [317]
forbade an oidor to hold such an office, disapproved of the appointment
and gave the place to Rufino de Rivera, who had formerly been auditor
de guerra and asesor de gobierno.
As soon as Governor Marquina assumed office, he relieved the
magistrates of the audiencia of all share in the administration of
these monopolies, combining all these branches of real hacienda under
the asesor above mentioned. On August 3, 1791, the audiencia protested
against the acts of the governor, basing its claims to a continuance
of authority on the cédula of March 20, 1790, by which the king had
authorized the oidores to administer all the monopolies except tobacco.
On August 16, 1791, Governor Marquina answered the complaint of the
audiencia in a memorial of his own, in which he set forth his position
in summarized form, giving a history of the entire contention,
and defining his position with precision and clarity. [318] He
claimed that the cédulas which had been issued up to that time had
recognized the right of the governor to dispose of these asesorías,
which did not and never had belonged to the oidores by their own
right. As superintendent of real hacienda, he (the governor) was
judge-conservator of all the asesorías, and by cédula of March 20,
1790, he had been authorized to control them through his asesor. The
latter official had also been ordered to administer the rent of tobacco
directly as the agent of the governor and to supervise the others
in the governor's name. The oidores had been forbidden to hold these
positions, except under exceptional circumstances, which, in Marquina's
judgment, did not exist at this time, [319] since there was present
in the colony a special asesor whose duty it was to supervise these
monopolies. The audiencia would have to try certain cases on appeal
as a judicial body, and oidores who had already rendered decisions
as judge-conservators could not justly render decisions when the same
cases were appealed. He declared that he had the approval of the king
in his contention, and was therefore confident of his position.
The governor's will prevailed, and the magistrates were deprived of
the commissions which they had formerly held; these were given over
to regular officials of real hacienda. Contentious cases, however,
that did not pertain exclusively to finance were tried on appeal
in the audiencia and that body exercised regular, but not special,
jurisdiction in them thereafter.
One of the most important offices which the oidores were called on
to perform was that of juez de difuntos. The duties of this office
consisted largely in the administration of the funds and property
of persons who died intestate, or without heirs in the colony. This
work was entrusted to the colonial audiencia as a body in 1526,
and any judge therein might be delegated from the tribunal for the
adjustment of an estate.
The first law providing for a special administrator was proclaimed
at Valladolid on April 16, 1550. It stated that many of the heirs of
persons who died in the colonies had been defrauded of their rightful
dues by the carelessness, omission, illegal procedure, and usurpation
of the ministers who had diverted the property to their own uses; this
condition of affairs made reform imperative. Viceroys and presidents
of royal audiencias, while retaining power of removal for cause,
were commanded henceforth to name, at the beginning of each year,
an oidor from the local audiencia to act as juez de difuntos. [320]
This judge was authorized to collect, administer, rent, sell, and
have general supervision over the property of deceased persons to
the same extent that the audiencia previously had. The acts of the
judge were appealable to the audiencia of the district wherein he
officiated. On December 15, 1609, a law was proclaimed by Philip
III which extended the term of this judge from one to two years. The
early laws provided no extra salary for the juez de difuntos. It was
prescribed that his decisions should be respected by the audiencia and
by the other officials of the government, the viceroys and presidents
being especially instructed not to allow any other official to usurp
his functions.
In case the juez de difuntos should fail to execute his duties,
or should exceed his powers, it was the duty of the fiscal to bring
the abuse to the attention of the audiencia, and that tribunal was
supposed to see that the proper methods were enforced. The jurisdiction
of this special magistrate was to extend to the settling of the
estates of intestates, and of testates leaving property to persons in
Spain. His authority was valid over the property of deceased officials,
merchants, and encomenderos, and it might be extended to the cases
of foreigners. He also assisted in the disposal of property left
by clerics. When the latter died intestate, the proceeds of their
estates were added to the fund known as the bienes de difuntos. No
distinction was made between property left by them and that left
by civil employees of the government or private citizens. If these
priests had made testaments, it was the duty of the juez de difuntos
to see that the property reached the donees without the interference
of the prelates. [321]
As in other cases noted in this and in former chapters, so in the
administration of the estates left by intestate decedents the laws
seem to have undergone considerable change. In 1526, Charles V ordered
that such estates were to be administered under the supervision of the
audiencia. In 1550, the place of special juez de difuntos was created
in each audiencia, the post to be filled by a magistrate designated
by the president. In 1653, Philip IV added to the importance of the
office by decreeing that all intestate cases should be administered by
a special juez de difuntos, irrespective as to whether the heirs were
in Spain, or at the place where the death took place. [322] This law
provided that if children or descendants were left whose legitimacy
was unquestioned, the heirs being in the colony, or if a will legally
attested and witnessed were left, the case was to be settled in the
ordinary courts. If there were doubt, however, as to the validity
of the claims of persons representing themselves as descendants, or
if there were no heirs, the case would then be administered by the
juez de difuntos. Settlements made by the ordinary justices were not
reviewed in the royal audiencia. The authority accorded them frequently
afforded pretexts for their intervention in cases which should have
been settled by the juez de difuntos, particularly when heirs were
left in Spain and in other colonies. A number of disagreements arose
over this point, but all doubt was conclusively settled by the cédula
of January 31, 1772, which awarded such jurisdiction to the juez
de difuntos. [323] This was confirmed by the law of September 28,
1797. Foreigners residing outside the dominions were not allowed to
inherit property left to them in the colonies, even though they were
lineal descendants. [324] Heirs or others claiming property left by
deceased persons must appear in person, or have others appear for
them, properly authorized, and must prove conclusively their rights
as heirs or creditors.
The cédula of September 28, 1797, was a codification and a
reclassification of all previous laws on the subject of this
jurisdiction. The provisions of this law, briefly stated, were as
follows: (1) These judges should not under any circumstances have
jurisdiction over property left by will, or without will, when the
heirs were present and when there was no question of their right to the
property. (2) In order that these judges have power of intervention,
it must be well known or appear by judicial process that either all
the heirs or the greater number of them were absent. (3) They were not
to have jurisdiction over property left by Indians or caciques. (4)
They should not usually have authority to settle up the estates or
property of native clerics, because their heirs would presumably be
present. These cases were therefore subject to the jurisdiction of
the ordinary courts, unless it were shown that there were heirs in
Spain. Under no circumstances should the ecclesiastical authorities
have intervention in these cases. (5) When the heirs were present, the
audiencia was ordered to enforce the law which forbade the intervention
of both the juez de difuntos and the ordinary judge. [325] In these
cases the heirs were allowed to assume their property intact, without
its being sold and thereby costs incurred. (6) The practice which had
hitherto been followed by the juez de difuntos of diverting a fifth of
the property of those who died intestate for the repose of the souls
of the dead should cease from that time onward, and the proceeds of
said property should be handed over without deduction to the heirs and
relatives of the deceased, in accordance with the cédula of June 20,
1766. [326] (7) The juez de difuntos was forbidden to intervene in
the settlement of estates or property left to heirs by will. [327]
It would appear, then, that the oidor detailed as juez de difuntos
had jurisdiction over cases of intestacy, over the settlement of
property when no heirs were apparent, or when there was doubt as to
the existence of heirs, and in cases where the designated testamentary
donees were outside the colony. The ordinary justices administered
estates in two capacities, namely, when testaments were to be executed,
the heirs being present, or when they acted as agents for the juez
de difuntos. The latter was privileged to call upon the corregidores,
alcaldes mayores, and other ordinary justices to execute provisions in
the provinces, and these officials were obliged, when so designated,
to settle estates subject to the supervision of the juez. [328]
When the heirs were resident in Spain, or in some colony other than
the Philippines, the estates of deceased persons were sold and the
money was set aside to be remitted to Spain. The collective sum of
these properties, sold and unsold, was designated as the bienes de
difuntos. [329] At stated periods the juez de difuntos was required to
turn over the funds that he had collected, or received in the execution
of his duties, to the oficiales reales, first deducting three per
cent of their gross amount for his services. [330] His accounts,
which were sent to the Council of the Indies, were also audited by
these officials, and the audiencia likewise held him accountable for
any abuses or errors other than financial. He was also held responsible
in his residencia. The fiscal was his prosecutor in case of suit. The
juez de difuntos, on his part, was authorized to require reports
from the agents and administrators who served him in the provinces,
and all necessary safeguards were taken for his protection. [331]
Theoretically, the juez de difuntos, acting through the oficiales
reales, sent such money as he had collected to the Casa de Contratación
of Seville, or, after June 18, 1790, the date of the extinction of
that body, to the juez de arribadas in Cádiz. [332] Thence it was
distributed among the heirs in various parts of Spain, or, in case
no heirs were found, it was to remain in a fund by itself, until
otherwise appropriated or disposed of by the crown. The money was sent
at the risk of the heirs, eighteen per cent of the gross amount being
deducted to pay the costs of transfer. [333] In actual practice,
however, the funds derived from the Philippines were retained at
Manila, itemized accounts of them being forwarded to Acapulco, the
proper amount being deducted there from the annual subsidy. [334]
This rendered unnecessary the actual transfer of money. The juez de
difuntos in Mexico received the funds from the Philippines, together
with reports and accounts relating thereto, and remitted them to
Spain. There occurred many instances in which this magistrate in
Mexico found mistakes in the reports rendered by his subordinate
in Manila. A great deal of criticism was made from time to time, of
alleged irregularities in the administration of these funds in the
Philippines; in fact, successive royal cédulas repeatedly charged
the Philippine officials with maladministration. [335] The general
superintendent of finance, Aparici, in a report to the Council,
stated on July 19, 1797, that these funds had never been properly
accounted for, and that glaring defects--even dishonesty, had always
existed. [336] These faults, he alleged, were owing to the fact that
the funds were not directly administered, but were paid into the
treasury of Mexico, and that because of this roundabout method direct
control could not be exercised. Although this high official pointed
out these defects and made recommendations for the betterment of the
service, no change was made, and the funds continued to be remitted
to Mexico until 1815, when the suspension of the regular galleon
eliminated the possibility of this practice. [337]
The juez de difuntos was frequently opposed in the exercise of his
special jurisdiction by other officials of the colony. Many cases
involving these conflicts of jurisdiction were appealed to the Council
of the Indies. Among the most frequent were the quarrels which took
place between the captain-general and the juez de difuntos over
the question of the special military jurisdiction of the latter,
and the claim of the juez de difuntos to administer the property
of military and galleon officials. For example, on July 6, 1757,
the juez appealed to the Council for jurisdiction over the property
of a deceased galleon official on the basis of the rights conceded to
him by the laws of the Indies; [338] the governor claimed the right to
administer this property on the ground that the galleon officials were
appointed by him, and that they were held by the laws of the Indies
to be under the military jurisdiction. This case was decided in favor
of the juez de difuntos, and may be considered as having established
a precedent for his subsequent jurisdiction over such cases. [339]
Probably the most notable case of conflict between the civil and
military jurisdictions and one which involved the juez de difuntos
occurred at the time of the death of the lieutenant-governor and king's
lieutenant, Pedro Sarrio. The latter had left his property by will to
his brother, the Marqués de Algorja, a resident of Alicante. He had
appointed a resident of Manila as executor. The governor claimed that
the right to administer the property belonged to the executor. The
juez de difuntos, on the ground that Sarrio had left heirs in Spain,
contended that the funds should be administered by him, as the executor
did not have authority to transmit the property to Spain. This case
was carried to the Council of the Indies; no record appears of its
ultimate solution, but it is illustrative of the commonly accepted
principle that the juez de difuntos should have authority over the
administration of all property which had to be transmitted to Spain for
distribution among heirs. [340] The governor's contention against it
was based on the fact that Sarrio was a military official. As we have
already seen, the law of August 29, 1798, authorized the settlement
of the property of soldiers by special military courts. [341]
Other sources of frequent dispute were the respective claims of the
juez de difuntos and the oficiales reales for jurisdiction over
property left by persons who were indebted to the royal treasury
at the time of their death. On the occasion of the death of the
corregidores of Tondo and Ilocos, in 1776 and 1778, respectively,
without having made wills, the oficiales reales took steps to make an
immediate seizure of the property of the deceased officials. They
demanded that all documents and papers pertaining to the cases
should be surrendered at once into their hands in order that the
amount owing to the government might be collected. Governor Basco y
Vargas interposed on the ground that since these officials had died
intestate, the settlement of their property should be effected by
the juez de difuntos; it being incumbent upon the oficiales reales
to present the claims to the judge. [342]
Shortly after this decision had been rendered, the alcalde mayor of
Tayabas died, leaving a deficit of 7000 pesos, and the officials of
the royal treasury immediately brought suit in the audiencia on the
basis of the laws of the Indies for jurisdiction in the case prior
to that of the juez de difuntos. They alleged that the law provided
that the treasury officials should have precedence in collections,
and that debts due to the real hacienda should be settled prior to
all others. Moreover, they claimed that all officials should assist
them in making these collections and that no restrictions should
be placed upon their activities. Further evidence in support of the
contentions of the treasury officials was submitted in the substance
of the royal cédula of April 23, 1770, which declared that these
judges should be entrusted exclusively with the collection of royal
funds. "Furthermore," the cédula stated, "if any case shall arise which
pertains to finance and at the same time to the juez de difuntos, the
latter may not make the advocation, because, however favorable may be
his jurisdiction, that of the royal treasury is more favorable." [343]
The oficiales reales insisted that they should not be required to go
before the juez de difuntos for any purpose, since the laws of the
Indies [344] gave them the power of inspecting the accounts of the juez
de difuntos and of keeping and administering these funds. [345] The
more recent cédula of October 13, 1780, had decreed that the accounts
of the juez de difuntos should be approved by the treasury officials,
and on this basis they were able to advance claims to seniority.
This dispute, though brought for adjudication before the audiencia,
was not settled by the tribunal. The evidence pertaining to the case
was collected and referred to the Council on December 22, 1786. The
cédula which finally disposed of the matter was issued May 4, 1794,
in the following terms:
It is indisputable that the ministers of our real hacienda are
authorized to have jurisdiction over all debtors of my royal
treasury ... with preference to the ordinary jurisdiction of the
juez de difuntos, or to the judge commissioned to settle property
of intestates or to pay creditors; ... the accounts of my real
hacienda shall be settled by my royal judges before the juez de
difuntos may have cognizance. [346]
By this decree it was definitely established that the treasury
officials should have precedence over the regular judges in the
settlements of estates of officials and individuals against whom
the royal treasury had claims. After the demands of the government
were paid, those of private individuals might be settled, and it was
ordered that the juez de difuntos, as the champion of individual
claims, should always give precedence to the oficiales reales who
represented the interests of the government.
The organization for the administration of these funds presented a
complete hierarchy. The actions of the juez de difuntos were subject
to review by the Audiencia of Manila. The funds from the Philippines
were deducted from the subsidy at Acapulco, and forwarded to the Casa
de Contratación of Seville (or the juez de arribadas at Cádiz, after
1790) by the juez de difuntos of Mexico. The heirs in Spain were then
found, and the money transferred to them, less discounts covering costs
of transmission to Spain. In case appeals were made from the decision
or settlement of the juez de difuntos, the records of his proceedings
in the case under consideration were reviewed by the Council of the
Indies. The method of procedure there was to refer these documents and
accounts to the Contaduría General, where all accounts for the Council
were audited and settled, and the recommendations of that tribunal were
accepted. The constitutional reforms of the nineteenth century gave the
audiencia increased authority in the final settlement of these matters,
and its decision was made final in practically all contentious cases,
though, of course, final judgments involving heirs who were resident
in Spain might still be appealed by them to the Council of the Indies
or the Supreme Tribunal of Justice.
Aside from the activities of the magistrates as members of the juntas
de hacienda, described earlier in this chapter, it would perhaps be
safe to assert that the tribunal exercised general supervision over
financial affairs in the colony until the time of the establishment
of the intendancy (1785-87). Correspondence between the Council of
the Indies and the Audiencia of Manila would seem to indicate that the
magistrates were expected to transmit, and did send, in fact, reports
on colonial finances to the Council of the Indies. Among the reports
of the oidores about twenty of these periodical statements have been
found, covering irregularly the period from 1609 to 1780. No doubt a
complete set exists. These generally embody a detailed audit of the
accounts of the oficiales reales. Numerous commissions were also sent
to the audiencia from time to time, ordering the magistrates to give
special attention to financial affairs, such as the collection of
licenses from Chinese; to see that tithes were efficiently collected
and reported, to see that the tax on metals (mined) was paid, and
offering special rewards in case of apprehension. It has already been
shown that the king on August 8, 1609, asked the audiencia whether
the king's fifth had been commuted to a tenth in the Philippines. On
July 21, 1756, the audiencia reported on the number of ships that
had entered the harbor of Manila during the year before. On May 4,
1760, Francisco Leandro de Viana, the fiscal, charged the merchants
of Manila with wholesale fraud in the payment of the almojarifazgo,
paying only 3% when the law of 1714, then in force, had ordered the
payment of 8%. Viana's report charged the oidores with responsibility
for this deliberate violation of the law, alleging that the oidores
had been profiting thereby. It was on this occasion that the fiscal
recommended the establishment of a consulado at Manila, which would
remove from the magistrates of the audiencia all temptation to use
their positions for private profit in violation of the commercial
laws of the realm. [347] The part played by the magistrates in the
administration of the trade with Acapulco may also be mentioned
here. This will be discussed in a subsequent chapter. [348]
Apart from the extra duties and commissions already noted, the
audiencia was utilized for a variety of purposes which are too
miscellaneous to be classified, but too important to be omitted
from this discussion. Duplicates of executive orders relating to
subjects far removed from the jurisdiction of the audiencia as a
court, were sent to it, with instructions that the tribunal take
note of numerous matters, such as seeing that the laws were properly
executed, observing the effect of reforms, and reporting on their
availability and adaptability at various times and places. Copies of
new laws relating to civil and ecclesiastical affairs were sent to
the audiencia for its information.
The above practices were never more prominently evident than during the
constitutional reforms from 1810 to 1823. [349] That period, of course,
was a time of change and stress, and the audiencia seems to have been
regarded as the one stable authority in the Philippines. Cédulas and
executive orders were issued to the audiencia without regard to the
department of government to which they applied. By the cédula of June
14, 1811, the audiencia was made responsible for the execution of all
the orders of the superior government. On March 18, 1812, oaths of
all civil and judicial officials were ordered to be administered by
the audiencia. A royal order was received by the Audiencia of Manila
on January 19, 1813, which forbade the existence of free-masonry in
the Islands. The audiencia was made responsible for the execution
of all these cédulas and decrees. On August 6, 1813, the tribunal
acknowledged receipt of the law of April 25, 1810, which forbade
foreigners to land in the Islands without passports. The audiencia
was again made responsible for the execution of the reforms of 1812,
1815, 1823, 1834, and 1835, by which the entire administrative and
judicial systems of the colony were reorganized.
The conduct of officials was continually under the observation of
the oidores, and special reports were frequently sent to the Council
from the audiencia in review of the progress of the government in
general, or in elucidation of some special phase of it. [350] A few
more examples of these investigations which were charged upon the
oidores may be reviewed here, together with the reports made by the
magistrates in compliance with royal instructions.
The king, on August 9, 1609, wrote to the audiencia, asking for
information concerning the truth of a certain report which had come to
him regarding a custom practiced among the natives before the arrival
of the Spaniards, and which was said still to be in operation. It
had been asserted that the children of a free man and a slave woman
would be half-slave and half-free, and the progeny of these children
by subsequent marriage would be classed as a fourth, an eighth, or
a sixteenth slave or free. It was said that the natives recognized
varying degrees of freedom and slavery. The king, in the letter above
referred to, expressed a desire to know the truth of these reports,
and he ordered the audiencia to instruct him fully concerning these
alleged practices and customs. He called attention to the existing law
which forbade Spaniards to hold slaves, and he requested information
as to how great a hold this barbarous custom had upon the natives,
and how it might be eradicated with the least possible inconvenience
and loss. [351]
The audiencia was required to submit data regularly concerning the
religious orders, showing the number of friars belonging to each order
and designating the provinces that were held by each. The tribunal
was often asked to make recommendations for the regulation of the
religious. As we shall note in a subsequent chapter, one of the regular
duties of the audiencia was to send in a yearly report on the number of
religious arriving in or departing from the Islands. The tribunal had
jurisdiction over the royal colleges and universities; it exercised
supervision over courses of study and instruction given in them,
and the oidores reported concerning these matters from time to time.
The audiencia kept the court informed as to the number of Spaniards
in the Islands, the occupation of each, and his attitude toward the
government. It reported on the number of Chinese and other foreigners
in the Islands, the amount of tribute paid by the Chinese, and
the extent of the Chinese trade. From time to time the magistrates
were asked by the court to make special reports on these or other
subjects. They were required to report from time to time on the number
and services of the officials of the government, major and subordinate,
whether they were all needed, the quality of their services, and what
reforms could be made to effect greater economy and efficiency. The
audiencia was especially charged with the duty of seeing that the
provincial officials were not so numerous as to be a burden on the
natives. The government realized that oppression of the Indians
would result from the presence of too many Spaniards among them,
and the effort was continually made to limit the number of these
undesirables. The audiencia, in short, was the representative of the
king in all these matters.
On several occasions the audiencia assumed the initiative, or
assisted materially, in the accomplishment of various functions of an
extraordinary character. It played an important role in checking the
epidemic of smallpox which ravaged the Islands from 1790 to 1794. On
January 18, 1790, Governor Marquina reported that this disease had been
playing havoc with the Indians in various parts of the Islands. [352]
He had raised 2385 pesos by voluntary contributions from different
officials and corporations, and had appointed a committee to administer
the funds. This committee consisted of representatives of the different
religious communities and the consulado, the archbishop, the chief
of the contaduría, the fiscal, the regent and the magistrates of the
audiencia. Soon after this letter was written Marquina's residencia was
taken, and the king, on January 24, 1794, wrote to the regent, asking
him to act as executive of the general committee already appointed
to conduct the campaign against this epidemic, and to report what
progress had been made in combatting it, suggesting that a general
committee of sanitation should be constituted to handle such cases
in the future. [353]
In the cédula of November 26, 1765, we find another illustration of
the extraordinary functions of the magistrates of the audiencia. The
governor was ordered on this occasion to appoint a committee to
consider ways and means of remedying the damage done to agriculture and
commerce in the Islands as a result of the depredations of the English
upon their occupation of various parts of the Islands. This committee
was to consist of the fiscal as president, the oidores, the chief of
the contaduría, the alcaldes ordinarios of the city, and the alcaldes
mayores of the districts immediately outside the city. It was ordered
to meet at stated periods to discuss and recommend ways and means of
improvement, proper taxation, and other measures calculated to bring
about a revival of agriculture. This committee was the forerunner
of the Sociedad de Amigos del País, which was established during the
administration of Governor José Basco y Vargas. [354]
The variety of the functions of the audiencia is well illustrated by
a report made on July 20, 1757, in compliance with a royal order of
inquiry as to how much money should be expended by the Philippine
government on the inauguration ceremonies of the governor. [355]
Besides noting an added duty of the tribunal, this is illustrative
of the pomp and ceremony utilized to impress the inhabitants of the
colonies with the grandeur of Spain and her government. After a lengthy
investigation, the audiencia stated in reply that the government of
Perú had been authorized to spend 12,000 pesos in the reception of
a viceroy, while New Spain could spend 8000 pesos. As much as 4000
pesos had been spent in Manila in times past. Since the Philippines
was a colony of less importance than these, and the governor there
was of inferior rank to the viceroy, and as even these sums were
extravagant, it was the opinion of the tribunal that the government at
Manila should limit itself to an expenditure of 2000 pesos. This may
be considered as an example of the work accomplished by the oidores
in checking the excesses of the other officials and departments of
the government. [356]
The audiencia had general authority over the inspection and censorship
of books which were printed in the colony or imported. This power was
conceded by a series of laws promulgated at different times from 1556
to 1668. [357] At the earlier date it was ordered that no book treating
of the Indies should be printed without first having been inspected,
approved, and licensed by the Council of the Indies, and none could
be introduced into the Indies without the express permission of that
body. [358] Books of fables and other profane publications were not
allowed in the colonies under any circumstances. The Council of the
Indies, by enactment of May 8, 1584, authorized the audiencia to
publish books and dictionaries in the native dialects, and a later
law stipulated that twenty copies of each book should be sent to the
Council of the Indies to be placed on file there. [359] The oidores
and the oficiales reales whose duty it was to inspect the ships
which arrived from New Spain were ordered to search for forbidden and
heretical books, but in doing this they must act in conformity with
the expurgatories of the Inquisition. [360] By cédula of October 10,
1575, and of December 2, 1580, the right to print books of prayer
and of divine service for Spain and the Indies was conceded to the
monastery of San Lorenzo. This same cédula ordered that viceroys,
presidents, and oidores should see that no other service-books were
used in the churches and monasteries, and that books printed by any
other agency should not be permitted to enter the Islands. [361]
In conformity with the above regulations, the Audiencia of Manila,
on July 21, 1787, suppressed a book which had been written by the
commissary of the Inquisition, on the ground that this functionary
had published it on the authority of the archbishop alone, and without
authorization of the Council of the Indies, as was required by law. The
case was appealed by the commissary to the Council, and the latter
body, while approving the action of the audiencia in suppressing the
book, and reprimanding the archbishop, after an examination of the
volume, allowed its publication in conformity with the laws of the
Indies. [362] Taken together, the relations of the audiencia and the
commissary of the Inquisition in most matters, and particularly in
the publication of books, were harmonious, and the same strife and
trouble did not occur in the Philippines that developed in Mexico,
Naples, and Perú over the question. [363]
On January 26, 1816, the audiencia forbade the publication of any
book without its express permission. [364] As a result, considerable
trouble arose with the governor and the fiscal, neither of whom had
been consulted when the auto was passed. The fiscal contended that the
audiencia was violating the law which had reserved to the Council the
power to give licenses for the publication of books; moreover, it was
asserted, the law required the governor and audiencia to act in acuerdo
in matters pertaining to the suppression and licensing of books,
the tribunal not being authorized to proceed alone. The audiencia
contended in reply that these laws could no longer be interpreted
to mean that the governor should have authority over matters of a
purely judicial nature, such as these were, because he was no longer
president of the audiencia, and hence not a judicial official. [365]
The tribunal furthermore based its contention on two enactments--one,
a royal order dated October 1, 1770, which directed certain prelates
to apply to the audiencia for permission to have a religious work
published, and the other, dated July 21, 1787, already cited, by
which the king confirmed the refusal of the audiencia to allow the
publication of a work prepared by the commissary of the Inquisition,
when he had failed to seek the authority of the audiencia. It is clear,
however, that on this occasion the audiencia was guilty of deliberate
misinterpretation of the law in its own favor. The Council of the
Indies had the final right to decide as to the contents of the book,
and the audiencia merely suspended publication, pending the action of
the Council. The audiencia was never given the power to pass finally
on the contents of books, except those dealing with languages and
dialects. The ultimate right of passing on all religious publications
was retained by the Council of the Indies, while the audiencia was
authorized merely to suspend the publication and circulation of books
which had not complied with the above royal ordinances. After the
suppression of the Council of the Indies and the establishment of
the Supreme Tribunal of Justice, there was a tendency toward giving
the colonial governments a wider degree of latitude in such matters.
It has been noted already, in the cédula of October 9, 1812, and
in subsequent reforms, that all matters of a contentious nature
should be settled in the audiencias and not carried to the tribunal
in Spain. A further reform in the censorship of books was made on
October 4, 1839, when the control of these matters was placed in the
hands of two censors, appointed by the acuerdo and the archbishop,
respectively. In case a decision were made to suppress a certain book,
a legal proceeding had to be instituted before the fiscal, who became
the arbiter if a disagreement arose between the censors. Seizure was
justified on the grounds that the publication contained something
contrary to the legitimate interests of the throne or of the
religion. Condemned books were not only seized, but sent from the
colony. [366] The responsibilities of censorship were thus shared
until October 7, 1856, when, on account of the many disagreements
which had arisen as a result of this divided authority, the superior
government decreed that a standing board of censors should be created,
to consist of eight members, four to be appointed by the archbishop
and four by the governor. This board was to be presided over by the
fiscal of the audiencia. [367]
Among other important functions of a non-judicial character was
the audiencia's duty of keeping the archives of the government. The
tribunal had a number of records in which entries were made concerning
its work. [368] A registry was kept of the votes of the oidores
in suits involving a hundred thousand maravedís or more. Further,
separate records were kept of all resolutions of the acuerdo relative
to government and finance, respectively, Thursday afternoon of each
week being devoted to the latter. Likewise, a book of cédulas and royal
provisions was kept by the audiencia, and on the basis of these the
tribunal formed all judgments and gave advice when requested. Separate
files were kept for copies of all royal orders, cédulas and letters,
one for secret, and the other for open correspondence. In another
volume an account was kept of the amounts received from fines and
from funds liquidated for the expenses of justice. As already stated,
lists were also maintained of all persons residing in the colony,
with an account of their quality and work, their attitude toward the
government, their occupation, and, if they were officials, the nature
and character of their services. [369] The audiencia kept a book
of residencias, which has been described in a former chapter. Also
records of persons coming to and leaving the Islands, with appropriate
entries concerning them, were preserved in this archive.
Besides the special duties of the oidores indicated in this chapter,
there were others which will be described later in more detail. The
residencia has been already treated. Other duties will be noted in
connection with the relation of the audiencia and the governor. Some
are more closely related to the religious and the ecclesiastical
institutions of the colony, and merit special treatment in that
connection. The audiencia, moreover, had extensive functions in
relation to the commercial and economic life of the colony. A fuller
comprehension of these numerous activities may be gained in the
following chapters where they are discussed in connection with two
of the most powerful factors in the colony's life--the governor and
the church.