The cédula of August 24, 1799, already referred to, greatly altered the applicability of the residencias to provincial as well as insular officials. Its greatest importance was due to the fact that it authorized investigations of corregidores, alcaldes mayores, and sub-delegate intendants only when charges were made against them; otherwise it was assumed that their official conduct had been satisfactory, and accordingly no residencias were held. Before the officials could be transferred to other posts they were obliged to show certificates of clearance from former positions. The audiencia was given final jurisdiction over the residencias of these officials, with inhibition of appeal. At the same time the tribunal was denied jurisdiction in any instance over the residencias of viceroys, captains-general, presidents, governors, treasury officials, oidores, and intendants.[84] After the suppression of the Council of the Indies on March 24, 1834, the latter cases were finished in the Supreme Tribunal of Justice, and that tribunal continued to exercise this jurisdiction till the close of the nineteenth century.[85]
The cédula above referred to abolished the residencias of tenientes letrados, alcaldes ordinarios, regidores, clerks, procurators, syndics, alguaciles, and other minor officials. In place of the formal investigation and judgment after the term of office was completed, the audiencia was given more complete control over their official acts, with the duty of seeing that justice was administered, jails inspected and kept clean, prisoners given a speedy trial and not molested with undue exactions, and the police supervised. The tribunal was also empowered to see that the ayuntamientos conducted their elections impartially and that the municipal officials executed their duties faithfully. In this way the formal investigation at the close of the term of these minor officials was replaced by a more efficient supervision of their acts by the audiencia. The constitutional reforms of the early nineteenth century gave to the audiencia original jurisdiction over the trial of judges of first instance, with appeal to the Supreme Tribunal of Justice. This authority was suppressed in 1815, and continued so until 1835, when it was restored to the audiencias of the colonies.
Although the reform of August 24, 1799, recognized the residencias of alcaldes mayores, tenientes, and corregidores, merely transferring jurisdiction over these to the audiencias, it would seem that this investigation retained less of its former severity from this time onwards. In fact, some authorities infer that the residencia was abolished after 1799.[86] This was not the case, however, as the residencia was recognized by laws promulgated as lately as 1870.[87]
The audiencia also had jurisdiction over the residencias of galleon officials. These had to submit to residencia at the termination of each voyage. An oidor was designated by the governor for the inspection of the ship, for the examination of its papers, for the consideration of complaints against the officers of ill-treatment of passengers and crews during the voyage.[88] An investigation was conducted on the occasion of the loss of a ship. Then a thorough inquiry was made in an endeavor to discover negligence on the part of the admiral, general, or other officials. The exercise of a similar authority over cases involving the loss of galleons has been discussed in the preceding chapter.
In pursuance of this authority, Magistrate Torralba was commissioned in 1710 to take the residencia of the officers of the galleon “Nuestra Señora del Rosario y San Vicente Ferrer”, which was wrecked in the Straits of San Bernardino on the voyage from Acapulco in 1709.[89] As great diligence had been shown by them in landing the treasure and sending it overland, the matter was dropped. A similar investigation was conducted in 1743 in the case of the galleon “Cobadonga”, which was captured by the British. The charge was made that neither the “Cobadonga” nor her convoy, “El Pilar”, had offered any resistance, and that the latter had deserted the galleon and had taken refuge in flight.[90] The officers were arrested and thrown into prison on charges brought by the fiscal, but they were cleared in the investigation which proved that the ships were not in a condition to fight.
The various laws and cases which have been cited in this chapter show that the trial of residencia of captains-general, treasury officials, oidores, intendants, alcaldes mayores, and alcaldes ordinarios was a judicial function over which the audiencia had a large share of authority. It is safe to say that no residencia was ever taken in the Philippines, after the audiencia had been established there, in which that tribunal did not exercise some degree of authority. As the laws and regulations of the residencia varied at different times, the extent of the jurisdiction of the audiencia in this matter was not always the same. The audiencia either assisted in the examination of the charges or in the designation of the judge. The magistrate selected was usually an oidor. Oidores were liable to designation to conduct inquiries, and the audiencia, as a tribunal, tried these cases in review. The tribunal exercised supervision over the work of the investigating judge. The case was either finished in the audiencia, or reviewed there and appealed to the Council of the Indies through the action of the audiencia. The Council of the Indies was the supreme arbiter in all cases, prior to 1799. Subsequently the Council, or the Supreme Tribunal of Justice after 1834, retained final jurisdiction over the residencias of the higher officials only. In the residencias of provincial or local officials the jurisdiction of the audiencia was final.
[1] See Cunningham, “Residencia in the Spanish colonies,” in the Southwestern historical quarterly, XXI, 253–278.
[2] Ibid., 2–33, 1, 6; literally, a report on character of services.
[3] Ibid., 5–11.