CHAPTER IV
JUDICIAL FUNCTIONS OF THE AUDIENCIA; THE RESIDENCIA[1]
The purpose of the residencia was to uphold the morale of colonial service by making officials answer for all their acts in a judicial examination held at the close of their terms. It may be said that the fear of the residencia was almost the sole incentive to righteous official conduct or efficient public service, and it will be seen that the audiencia exercised very pronounced authority in this. Indeed, the audiencia had general supervision in a semi-judicial capacity over the services of officials and public servants in the colonies. It was the function of the audiencia to send reports to the court relative to the conduct, work, or attitude of any employee or official of the government, or of any resident of the colony. These reports were known as informaciones (pareceres) de servicio.[2] The tribunal itself was ready at all times to hear complaints against provincial governors and judges, treasury officials, magistrates, governors, or, in fact, any and all officials holding their positions by virtue of the king’s commission.[3] Charges might be made by a wronged party or by anyone whose knowledge of an abuse was sufficient to justify charges. Heavy penalties were imposed upon persons making false or unsubstantiated charges.[4] Complaints against alcaldes mayores and corregidores were most likely to be made during the regular investigation of the visiting oidor, which, as we have noted, occurred every three years, but sufficient complaint might be made to justify the dispatch of a special investigator at any time.[5]
The findings of the above inspections might be reviewed by the audiencia and lead to the suspension and dismissal of the official under investigation.[6] The final action had to be confirmed by the Council of the Indies in case the person concerned were a royal appointee, but in these matters the action of the local officials was usually approved. For the removal of oidores and oficiales reales a slightly different method was pursued. A magistrate of the audiencia was designated to investigate the case, the evidence was submitted to the Council of the Indies and final action was taken by it and not by the audiencia.[7] Any and all charges brought against an official in these investigations, even though he were cleared at the time, might be revived in the residencia.
Suspensions from office were made by the governor with the advice and consent of the audiencia. The governor had the legal right to make temporary removals, but on account of the seriousness of such an act, and the considerations depending upon it, he usually preferred to have the support of the magistrates in the matter. The governor, as vicepatron, could suspend prelates and other church officials, but he seldom, if ever, exercised his powers to the full extent. The audiencia at Manila, on the other hand, actually drove the archbishop from the city on various occasions. The suspension and the removal of members of the ordinary clergy from their districts was a frequent occurrence, but churchmen were not subject to residencia. The audiencia had no authority to suspend or remove the governor, though the magistrates could and frequently did bring charges against the governor which led to his dismissal. Governors actually suspended and removed oidores at times, though such acts were protested as violations of the law which authorized only the Council of the Indies to remove these officials.
Briefly, the procedure in making these removals was as follows: the governor and audiencia investigated the conduct of an official whenever circumstances demanded it; the latter was either suspended and recommended for removal, such recommendations being made by the audiencia to the governor or to the Council of the Indies, according to the rank of the official, or the tribunal could make the removal itself.[8] If exception to the action of the audiencia were taken, all the papers relative to the case were forwarded to the Council of the Indies, and if good reasons were found to exist for the action of the lower court the Council approved its action.[9] This, was not the residencia as usually considered.
Of the various authorities at our disposal, Bancroft gives the most acceptable characterization of the residencia. He defines it as an examination held, or an account taken, of the official acts of an executive or judicial official within the province of his jurisdiction during the term of his incumbency. This, Bancroft says, was done at the expiration of the term of office or at stated periods, or, in case of malfeasance, at any time.[10] The principle underlying the institution of the residencia was bequeathed to the Spaniards by the Romans, being similar to and probably derived from their law which gave the right of accusation to any Roman citizen against an office-holder. The residencia was conducted by a judicial official, and it combined the features of a general survey of the career of the official under investigation, an auditing of his accounts and a formal trial. Its purpose was to ascertain whether or not the official had faithfully executed his duties and it served to clear him if he were proved honest, giving him a clean certificate of recommendation. If he were found guilty of official misconduct or dishonesty he was apprehended, degraded, and punished, according to his deserts.
Professor Bourne has written in regard to the residencia:
The residencia ... was an institution peculiar in modern times of the Spanish colonial system. It was designed to provide a method by which officials could be held to strict accountability for all acts during their term of office.... To allow a contest in the courts involving the governor’s powers during his term of office would be subversive of his authority. He was then to be kept in bounds by realizing that a day of judgment was impending, when everyone, even the poorest Indian, might in perfect security bring forward his accusation. In the Philippines the residencia for a governor lasted six months and was conducted by his successor and all the charges made were forwarded to Spain.... The Italian traveller Gemelli Careri who visited Manila in 1696 characterizes the governor’s residencia as a “dreadful Trial”, the strain of which would sometimes “break their hearts.”
Professor Bourne stated that it was the opinion of De Pons that “the severities of the residencia could be mitigated, and no doubt such was the case in the Philippines. By the end of the eighteenth century the residencia seems to have lost its efficacy.”[11]