Perhaps the most important commercial suit that was ever tried in the Audiencia of Manila, came before that tribunal in 1656, when several residents of Mexico were excluded from the use of the galleon and their goods confiscated. This action was in accordance with repeated cédulas and regulations which reserved the space in the galleon for the exclusive use of the Manila merchants and authorities. Mexican traders, who had from time to time shipped goods on the galleons, were forbidden to crowd out the Manila merchants, who depended on that trade exclusively. The fine levied on this occasion amounted to 273,133 pesos. The case was appealed to the Council of the Indies, the aforesaid decision was upheld, and the sum was finally ordered paid in Mexico.[83]
During the greater part of the audiencia’s existence there was no consulado in Manila and the jurisdiction of the audiencia in commercial cases extended to suits between merchants for space on the galleon. The tribunal had jurisdiction over the trial of officials for dishonesty in the assignment of galleon space: investigations of officials charged with reserving more than their due share of space, and such other cases as are mentioned in the laws of the Indies as being the concern of the consulados of Lima and Mexico.[84] Officers of the galleons were tried for mistreating seamen, for smuggling, for exceeding the limit of merchandise allowed, for giving passage to lewd women and to persons travelling on the galleons without permission. They were tried for carrying more slaves than they were allowed by law to carry, for charging exorbitant prices of passage, and for failing to turn in accounts of money collected. Commanders were often held criminally responsible for carelessness in navigation and for shipwrecks. These cases were tried in the tribunal of the consulado after 1769.
The audiencia had appellate jurisdiction over all residents of the colony, both natives and Spaniards. All crimes committed within five leagues of the city of Manila were ordered to be tried by the oidores in first instance,[85] but unless they were of extraordinary importance, special investigators, usually alcaldes mayores or alcaldes ordinarios, were delegated to try them in the name of the audiencia.[86] As already stated, most of the criminal cases arising in the colony were tried in first instance in the provinces by the alcaldes mayores. Cases appealed to the audiencia were reviewed in that tribunal. The trial consisted of an examination of the summary or abstract of the case as it was originally tried by the lower judge and, if errors were found to exist, the decision was either reversed or the case was remanded to the judge who first had tried the case, for second trial.[87] The audiencia did not try the case with the defendant present. It merely reviewed the proceedings of the lower judge. Criminal cases were not ordinarily appealable to the Council of the Indies.
The procedure in criminal cases was generally so similar to that already described that it is unnecessary to give any illustration of the audiencia’s criminal jurisdiction. Most of the cases that eventually reached the audiencia involved Spaniards, native caciques, and half-castes. Natives who were charged with robbery, murder, and crimes of a depraved nature were usually of a class unable to finance appeals to the audiencia. This fact probably accounts for the scarcity of criminal cases appealed during the first two centuries of the audiencia’s existence.[88] However, the reforms of the nineteenth century brought an increased number of cases into the audiencia by systematizing the administration of justice, differentiating the judgeships from administrative offices, and providing for greater facility of appeal.[89]
It is probable that in criminal as well as in civil cases, Spaniards derived considerable benefit from the fact that the audiencia was composed of magistrates of their own nationality. High officials, no doubt, escaped the consequences of their misdeeds more easily than did men of more modest social and political attainments. This is shown by the well-known case of the murder by Governor Fajardo of his wife on July 21, 1621; this came up before an audiencia which was composed of judges who were largely under the governor’s domination. The tribunal gave the matter a cursory investigation, after which the governor was allowed to go unpunished.[90] We shall see that proceedings were different, however, when officials under investigation were charged with offenses against the government. The residencia, which dealt with such charges, was a pitiless form of inquisition in which the officiating magistrate was in duty bound to find his victim guilty, if possible.
Criminal cases of a character slightly different from those described above were prosecuted by the government for the infraction of any governmental regulation, or for the evasion of the payment of taxes or duties. The collection of revenues devolved upon the oficiales reales and they were ordered to accomplish their duties in this particular, if possible, without the assistance of the courts.[91] Numerous cases did come up in the audiencia, however, involving the prosecution of individuals for violations of the alcabala, quinto, and the tax on the export of silver (comisos). Persons assisting in the apprehension of violators of these laws were rewarded with a part of the proceeds of the fine, the remainder becoming the property of real hacienda. On October 6, 1783, the final jurisdiction in cases of smuggling and non-payment of the king’s fifth was taken from the audiencia, appeals being authorized to the Council of the Indies.[92]
Reference has already been made to the services of an oidor as special auditor de guerra. This, as well as other matters relating to the jurisdiction of the governor and captain-general over military matters, wherein the audiencia had no authority, will be noted when an examination is made of the relations of the governor and audiencia in a subsequent chapter. Suffice it to say here that the audiencia did not have jurisdiction as a court over soldiers or military affairs.
Closely related to the subject of the defense of the Islands, and the exercise of judicial authority over soldiers was the special jurisdiction which the governor had over matters relating to the Chinese. This subject will be treated in greater detail when we discuss the relations of the audiencia and the governor.
During the first two centuries of its existence the audiencia had jurisdiction as a judicial tribunal in the cases and instances which have been noted. It had civil and criminal authority, original and appellate. Its decisions were final in civil suits on claims for six thousand pesos or less. Criminal cases were settled in the audiencia.
The judicial authority of the audiencia was impeded during the greater part of its history by the failure of the government to entrust it with complete jurisdiction in all civil and criminal matters, and by the tendency of the latter to interfere in matters of minute and insignificant detail, which should have been left to the magistrates of the tribunal. The Constitution of 1812 and the reforms made in pursuance thereof really effected the changes which had long been needed. The audiencia’s jurisdiction was made final in all civil suits and increased in administrative cases; thereafter no appeals were made to the Council of the Indies unless they involved administrative law. Cases involving official dishonesty, incapacity, residencia, pesquisas, treason, disputes between audiencias and other tribunals over conflicts of jurisdiction, and questions of the interpretation of the law were still carried to Spain. These were important steps for the improvement of colonial judicial procedure; they served to simplify it, preventing a multiplicity of cases from being carried to Spain which should have been settled within the colony. These tardy reforms left to the home government more time in which to occupy itself with questions of governmental policy, leaving to the audiencias more authority and responsibility in purely judicial matters, thus giving to them a greater prestige in the commonwealths wherein they were situated.