CHAPTER III
THE JUDICIAL FUNCTIONS OF THE AUDIENCIA
The audiencia was first and always a tribunal of justice. It was established for the purpose of trying cases and settling disputes. Had it no other functions than the purely judicial, however, it would not have played the important part which it did in colonial administration during two hundred years of its existence. Its chief interest to the student of history and government will not be so much its activity as a judicial institution as the relations it bore to other departments of the government. Its extraordinary powers and functions developed incidentally at first through the establishment of the institution in colonies where no other agency existed to deal with the unforeseen problems and necessities which arose from time to time. The gradual assumption and exercise of non-judicial functions are therefore the chief characteristics to be noted in the history of the Audiencia of Manila.
The aim of this chapter, however, will be to study the audiencia in its capacity as a civil judiciary and to clear the way for the discussion in subsequent chapters of the wider, and from the present viewpoint, more notable fields of its activity. An effort will be made to describe its judicial procedure, the kinds of cases which it tried, the limitations on its jurisdiction—what courts were inferior to it, and what authority was superior. This investigation will be made from the viewpoint of the historian, rather than from that of the student of jurisprudence, subject to such limitations as a lack of knowledge of the law may impose. We shall first consider the procedure of the audiencia as authorized by the laws of the Indies, illustrating this procedure by the citation of actual cases in practice.
The powers and duties of the Audiencia of Manila as defined in the special decree of establishment of May 5, 1583, have been set forth in the preceding chapter. By this decree the audiencia was granted civil and criminal jurisdiction in cases of appeal from the lower courts and original jurisdiction in those affecting the government, and the conduct of its officials. The authority of the audiencia in the latter cases was exercised through the appeals which came to it from the special investigators and visitors who tried these officials in first instance.
The laws of the Indies, after prescribing the time of meeting and the hours of the daily sessions of the audiencia, made their first important judicial regulation by forbidding viceroys and presidents to assist in the determination of suits. Cases must be tried by the properly qualified oidores, yet the president (viceroy or governor) was to sign the decisions with the magistrates.[1] Unless the president were a lawyer, he was even denied cognizance of military cases. The audiencia had jurisdiction over appeals from the viceroy or governor in all government matters to which any official or private citizen might take exception.[2] In case of disagreement between the audiencia and the president, it was prescribed that the question at issue should be carried to the Council of the Indies. In case the majority of the audiencia agreed to follow a certain course of action, the viceroy or president was forbidden to contravene or oppose that action. Instead, he was ordered to abide by it, appealing to the Council of the Indies for final settlement of the contention.[3]
There were many laws regulating the relations between the audiencia and the governor, most of which will be noted in greater detail in a subsequent chapter. The most important were the laws which ordered that the viceroys of New Spain and Perú should leave to the audiencias entire jurisdiction over residencias, questions involving the marriage relation[4] and the administration of property of deceased persons.[5] A law especially referring to the Philippines ordered the Audiencia of Manila to abstain from interfering with the government of the Chinese in the Parián.[6] This did not forbid the trial on appeal of cases relating to the Chinese, since in practice the audiencia had authority to take cognizance of such cases. Certain extra duties were required of the oldest oidor of the audiencia, who was known as the decano. He was given complete authority over the tribunal in the absence of the president. He might assign cases to the magistrates, designate judges for special duties and determine all matters relating to the interior organization and government of the tribunal. These functions were assumed, after 1776, by the regent, and the prerogatives of the office of decano became merely nominal, except when the regent was absent. In audiencias whose size permitted it, the oldest oidor, or the regent, after that office was created, could determine whether sessions should consist of one or two salas.[7] An audiencia was legally constituted, however, if only one magistrate were present.[8] The audiencia was commanded to guard its proceedings with great secrecy, and such rules were formulated for its magistrates as would enable the tribunal to uphold its dignity, and command the respect of the commonwealth.
Cases of first instance were tried by inferior judges who were below the category of oidores.[9] As noted in a former chapter, these judges were the alcaldes ordinarios, alcaldes mayores, and corregidores. The former tried civil and criminal cases in the towns and cities and the last two exercised extensive jurisdiction in the provinces. Cases were appealed from them to the audiencia.[10] The audiencia was forbidden to concern itself with cases of first instance, excepting certain criminal suits which originated within five leagues of Manila.[11]
A separate sala, for the trial of criminal cases was created in the audiencias of Lima and Mexico. The magistrates serving in these salas were designated as alcaldes del crimen. They had jurisdiction in first instance over the criminal cases arising within five leagues of the capital, as referred to above, and in second instance over those appealed from the provincial judges.[12] The oidores in these audiencias confined themselves to civil suits, but in audiencias where there were no alcaldes del crimen, the oidores were authorized to try both civil and criminal cases.[13] The magistrates of the Audiencia of Manila had both criminal and civil jurisdiction, as that tribunal belonged to the latter class. When the number of oidores present was insufficient to do the work of the audiencia, alcaldes ordinarios or alcaldes mayores who had the necessary qualifications might be transferred temporarily to the tribunal. When acting as oidores they could not try cases over which they had formerly exercised original jurisdiction.[14]
A system of procedure was prescribed for the trial of cases before the audiencia and the order fixed in which these should come up for consideration. It was ordered that two slates should be kept, one for cases classified according to their importance and another for those to be tried by rotation. Cases of the first category and those which were especially urgent might supersede the latter, but when there were none of the former the second slate was to be adhered to.