The decree of establishment also directed that certain phases of ecclesiastical affairs should claim the attention of the audiencia. The chief duty of the tribunal in that regard was to keep the ecclesiastical judges from exceeding their authority, and the practices of the audiencias of Spain were especially prescribed as a precedent for the local tribunal. The audiencia was charged with supervision over the assignment of benefices, and especially with the settlement of the property and estates of bishops and archbishops who died in the Islands. The audiencia was ordered to permit nothing to be done which would be in prejudice of the rights and prerogatives of the church. The tribunal was instructed to assist the prelates on all occasions when they petitioned for royal aid. It was also to see that properly accredited bulls were read and applied in the Spanish towns, but not in the native villages.
As noted above, suits involving the royal treasury and the collection of money for the government were to be reviewed and decided before any other that might come up in the royal audiencia. It was the duty of the fiscal to prosecute these cases in the interest of the government. At the beginning of each year the president and two magistrates were to audit the reports of the oficiales reales, and if these reports were not duly and properly rendered, the salaries of these officials were to be withheld. After auditing the accounts the committee was to count the money in the royal treasury. The oidores who did this extra work were to receive an allowance of twenty-five thousand maravedís (about 56 pesos) in addition to their regular salaries. The authorization of the audiencia was necessary for the payment of extraordinary expenses not appearing in the regular budget and these disbursements were made subject to the later approval of the Council of the Indies. The audiencia was held responsible in these matters by the Council. Full reports of expenditures made on the responsibility of the audiencia were to be made to the Council, and the oidores were held accountable in their residencias for their votes cast in the junta or acuerdo de hacienda, as the committee was called.
The audiencia was given supervision over the administration of the estates of deceased persons; it was to examine the accounts of executors and see that the wills of the deceased were faithfully executed and that all was done in accordance with the law. For this purpose an oidor was delegated each year with authority to dispose of these cases in the name of the audiencia. In a subsequent chapter the duties and activities of this administrador or juez de bienes de difuntos will be enlarged upon.
Considerable space in this decree was devoted to prescribing the rules for the trial of cases involving Indians, with a view to securing justice both in their administration by the encomenderos and in the supervision which the alcaldes mayores exercised over the encomenderos. The 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.”
The audiencia was required to exercise care that suits involving Indians were neither lengthy nor involved, that decisions were reached promptly and without unnecessary litigation, and that the rites, customs, and practices to which the Indians had always been accustomed should be continued in so far as was practicable. The audiencia and the bishop were to see that there was a person appointed in each village to give instruction in religion. Alcaldes mayores were ordered not to dispossess native chiefs of their rule or authority; they were, on the contrary, to appeal cases involving them without delay to the audiencia, or to the visiting oidor. The audiencia was to devote two days a week to hearing suits to which Indians were parties. Encomenderos were to be protected by the audiencia in the possession of their encomiendas.
A proportionate amount of attention in this cédula is devoted to outlining the duties of the fiscal, who, from many points of view, was the most important official directly connected with the tribunal. It was his function to appear as prosecutor for the government in all cases tried before the audiencia, and he was forbidden to serve as the advocate of any private person during his term of office. He should devote his attention especially to matters involving the exchequer. He was to prosecute all cases of appeal from the alcaldes mayores and corregidores on behalf of the government, and “he was 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.” The fiscal, ordinarily, was not to prosecute unless it were on the complaint of some person, but in cases of notorious injustice, or when judicial inquiry was being made, he could take the initiative on his own account. It was his duty to perform any and all legal acts which were consistent with his position, and which were designed to bring about justice or to secure the royal interests.
The remaining sections of this decree, and, in fact, the greater part of it, are devoted to establishing the duties of the fiscal and the minor officials of the audiencia, to fixing a tariff of fees to be charged for notarial and other legal work and to the determination of other matters which are of no great consequence to the purposes of this chapter.
Among the minor officials attached to the audiencia were the alguacil mayor and his two deputies. These were to act as the executive officers of the court and were empowered to make arrests, serve papers and execute similar functions. Their duties, as a whole, were much like those of the English or American constable or sheriff. They might arrest, on their own initiative, persons whom they caught in crime, as, for example, those playing forbidden games of chance, or indulging in immoral practices, typical particularly of the Chinese. The alguacil was responsible for the maintenance of the prison of the audiencia; for this purpose he could appoint a certain number of jail-wardens.
There were also clerks of court and notaries, chosen by royal appointment. Their duties were those customarily required of such officials, not differing from those of today. The audiencia likewise had official reporters, similar to the court reporters of the present day. Advocates and attorneys practicing before the audiencia had to fulfill certain prescribed requirements in regard to learning, training, and general ability. Receivers, bailiffs, jail-wardens and interpreters each received their due amount of space and attention in this cédula. The interpreters were to assist the Indians who were defending themselves in a Spanish-speaking court. Among their duties was the translation of the testimony of witnesses, of the questions of attorneys and the rulings of the courts into the native dialects, or into the Spanish language, as the circumstances might require. These interpreters were also required to assist the natives in the formulation of legal documents. All these minor officials were to be regulated in the collection of fees by a legal tariff. Finally, the audiencia was provided with an archive within which were to be deposited and kept the great seal of the government, and all official papers, including records of cases and official acts.
The new audiencia having been provided for, Santiago de Vera, the recently appointed governor and captain-general of the Islands and president of the new tribunal, arrived at Manila on May 28, 1584. In accordance with the new law, it was his duty to govern the Philippines in the capacity of executive and military commander, and at the same time preside over the audiencia in its respective judicial, advisory, and administrative capacities. The first session of the audiencia was held on June 15, 1584.[25] The new tribunal was officially brought into being with much pomp and ceremony, including a procession of the president and magistrates in their robes of office, and the celebration of divine service in the cathedral by the bishop. The president and each of the oidores subsequently made lengthy reports to the Council of the Indies on the inauguration of the tribunal.