Enough has been noted of the evils of the government as it existed before the establishment of the audiencia to understand the reasons for the creation of the tribunal. The whole matter summarizes itself in the excesses of the governor, and the necessity of protecting all classes of society from his absolutism. These abuses called for the establishment of a tribunal nearer than New Spain, which would, in a safe and expeditious manner, impose the necessary limitations upon the governor, insure an equitable collection and an economical expenditure of the public revenue, and bring about particularly the elimination of official corruption. It was desirable to protect the merchant in his legitimate business, to insure stability in the relations of church and state, and to obviate the existing evils in the administration of the provincial governments. The latter meant the assignment of encomiendas in accordance with the law to deserving individuals instead of to friends and relatives of the governors, or to other prominent officials of the colony. It also meant that the natives on these encomiendas should be protected from the rapacity of the encomenderos. It was realized that an effort should be made to insure the imparting of religious instruction to the natives in partial return for tribute paid by them. Finally, it meant the establishment of a tribunal which would have power to enforce the law prescribing that the alcaldes mayores and corregidores should exercise faithful supervision over these matters which were within their jurisdiction. A tribunal was needed, not merely to hear such appeals as might come to it by process of law, but with authority to intervene actively in affairs of government, checking the abuses of the governor and protecting the community from his absolutism.
The proposition to establish an independent audiencia in Manila was opposed by the viceroy and audiencia of New Spain. The latter tribunal wrote a letter of protest to the Council of the Indies, demanding that in matters of government and justice the colony of the Philippines should continue to bear the same relations to the viceroyalty of New Spain as did Guadalajara.[22] Rivera answered these objections in a special memorial, stating that the isolation of the Philippines alone justified the establishment of an audiencia and an independent government. He also pointed out that the nearness of Japan and China and the necessity of dealing with them required the presence of a sovereign tribunal in Manila. He asserted that the colony could deal directly with the Council of the Indies more profitably than through the Audiencia of Mexico. The latter mode of procedure was indirect and cumbersome and it exposed litigants to the meddling of the oidores of Mexico in matters which they did not understand.[23]
Finally, the Audiencia of Manila was established by decree of Philip II on May 5, 1583, in the following terms:
Whereas in the interests of good government and the administration of our justice, we have accorded the establishment in the city of Manila in the Island of Luzon of one of our royal audiencias and chanceries, in which there shall be a president, three oidores, a fiscal, and the necessary officials; and whereas we have granted that this audiencia should have the same authority and preeminence as each one of our royal audiencias which sit in the town of Valladolid and the city of Granada of these our realms, and the other audiencias of our Indies: now therefore we order to be made and sent to the said Island our royal seal, with which are to be stamped our decisions which are made and issued by the said president and oidores in the said audiencia.[24]
The jurisdiction of the tribunal, it is to be noted, extended throughout the Island of Luzon and the rest of the islands of the Archipelago, as well as over “the mainland of China, whether discovered or yet to be discovered.”
The decree which provided for the foundation of the Audiencia of Manila consisted of three hundred and thirteen sections. Although the audiencia was subsequently abolished for a few years, it was re-established in 1598 and these articles were again utilized. It is therefore worth while to notice the most important provisions of the law of establishment, which was to serve as a foundation for the audiencia during a period of approximately three hundred years. The first thirty-eight sections were devoted to the creation of the tribunal, to a definition of its jurisdiction over civil and criminal cases, and to a determination of the proper method of procedure in them. The audiencia was to have authority to try cases of appeal from gobernadores, alcaldes mayores, and other magistrates of the provinces; it also had jurisdiction over civil cases appealed from the alcaldes ordinarios of the city and original jurisdiction over all criminal cases arising within five leagues of the city of Manila. Appeals were to be tried by revista (review) before the tribunal. Cases of first instance (vista) were not to be tried in the tribunal, excepting those to which the government was a party, or the above-mentioned criminal cases. The judgment of the audiencia was usually to be final in ordinary suits, and always in criminal cases. Those involving the government, and civil suits exceeding a certain value were appealable to the Council of the Indies. Notice of appeal to the latter tribunal had to be served within one year after the objectionable decision was rendered, and the party appealing the case was obliged to post financial bonds covering the expenses of suit in case the final judgment were not favorable to him. The decision of the audiencia was to be executed in all cases, even though an appeal to the Council of the Indies had been made. The procedure followed in the chanceries of Valladolid and Granada was to be enforced in the Audiencia of Manila except when the contrary was especially ordered. Investigations might be made by one judge, but the concurrence of two was necessary for all decisions involving the reversal of a former judgment, or in cases wherein a certain amount was at stake. In the latter case, an assistant judge might be chosen from outside the audiencia to assist the regular magistrate.
The audiencia was forbidden to act alone in the selection of judges of residencias or pesquisidores; it was commanded not to interfere with governors of provinces, but it had the right, when, charges had been made by private individuals, to conduct investigations of governors’ official conduct. The audiencia was empowered to investigate the judges of provinces. Magistrates were forbidden to hear cases affecting themselves or their relatives, and when a case involving more than one thousand pesos was before the tribunal, and no oidor was eligible to try it, an alcalde ordinario might serve in the place of a regular magistrate, with appeal to the Council of the Indies. Criminal charges against the oidores were to be tried by the president, with the assistance, if need be, of such alcaldes ordinarios as the latter might select. No relative of the president or of an oidor could be appointed legally to a corregidor-ship or to an encomienda. Oidores were eligible for appointment by the president from time to time to inspect the administration of justice and government in the provinces.
Oidores were forbidden to receive 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 forbidden to engage in business, either singly or in partnership, nor could they avail themselves of the compulsory services of Indians under pain of deprivation of office. Any person could bring suit against an oidor. As noted above, such cases would either be tried by the president or by an alcalde ordinario on the president’s designation. Such cases might be appealed to the Council of the Indies.
The audiencia, according to the terms of its establishment, had extensive authority over matters of government. In case of the death or incapacity of the president, the audiencia was to assume control of affairs, the senior oidor filling the post of president and captain-general, with special charge over military matters. Under such circumstances the administrative and executive functions were to be administered by the audiencia as a body. The governor, who was also president of the audiencia, was ordered to make a complete report annually to the Council of the Indies on the state of the government and the finances of the colony, including an account of the gross income and expenditures, a survey of conditions of the encomiendas and corregimientos, as well as a report on the conduct of officials, including oidores. In fact, all matters that came regularly under the care of the executive were to be covered in the annual report of the governor and captain-general of the Islands.
The president was empowered to delegate the oidores, in turn, to make tours of inspection in the provinces. The magistrates, as visitors, were to inquire into the character of service rendered by the alcaldes mayores in the administration of government and justice. They were to note the state of the towns and their needs, the means taken for the construction and preservation of public buildings, and the condition of the Indians on the encomiendas. They were to see whether they were faithfully and efficiently instructed in religion, or whether they were permitted to live in ignorance and idolatry. Reports were to be made by the visitors on the state of the soil, the condition of the crops and harvests, extent of mineral wealth and timber in the provinces under investigation, weights and measures, and in fact, everything that had to do with the general welfare. On these trips the oidores were authorized to take such action as they felt to be necessary. Two oidores were also required to make weekly inspections of the prisons of the colony.