One of the most important offices which the oidores were called on to perform was that of juez de difuntos. The duties of this office consisted largely in the administration of the funds and property of persons who died intestate, or without heirs in the colony. This work was entrusted to the colonial audiencia as a body in 1526, and any judge therein might be delegated from the tribunal for the adjustment of an estate.
The first law providing for a special administrator was proclaimed at Valladolid on April 16, 1550. It stated that many of the heirs of persons who died in the colonies had been defrauded of their rightful dues by the carelessness, omission, illegal procedure, and usurpation of the ministers who had diverted the property to their own uses; this condition of affairs made reform imperative. Viceroys and presidents of royal audiencias, while retaining power of removal for cause, were commanded henceforth to name, at the beginning of each year, an oidor from the local audiencia to act as juez de difuntos.[27] This judge was authorized to collect, administer, rent, sell, and have general supervision over the property of deceased persons to the same extent that the audiencia previously had. The acts of the judge were appealable to the audiencia of the district wherein he officiated. On December 15, 1609, a law was proclaimed by Philip III which extended the term of this judge from one to two years. The early laws provided no extra salary for the juez de difuntos. It was prescribed that his decisions should be respected by the audiencia and by the other officials of the government, the viceroys and presidents being especially instructed not to allow any other official to usurp his functions.
In case the juez de difuntos should fail to execute his duties, or should exceed his powers, it was the duty of the fiscal to bring the abuse to the attention of the audiencia, and that tribunal was supposed to see that the proper methods were enforced. The jurisdiction of this special magistrate was to extend to the settling of the estates of intestates, and of testates leaving property to persons in Spain. His authority was valid over the property of deceased officials, merchants, and encomenderos, and it might be extended to the cases of foreigners. He also assisted in the disposal of property left by clerics. When the latter died intestate, the proceeds of their estates were added to the fund known as the bienes de difuntos. No distinction was made between property left by them and that left by civil employees of the government or private citizens. If these priests had made testaments, it was the duty of the juez de difuntos to see that the property reached the donees without the interference of the prelates.[28]
As in other cases noted in this and in former chapters, so in the administration of the estates left by intestate decedents the laws seem to have undergone considerable change. In 1526, Charles V ordered that such estates were to be administered under the supervision of the audiencia. In 1550, the place of special juez de difuntos was created in each audiencia, the post to be filled by a magistrate designated by the president. In 1653, Philip IV added to the importance of the office by decreeing that all intestate cases should be administered by a special juez de difuntos, irrespective as to whether the heirs were in Spain, or at the place where the death took place.[29] This law provided that if children or descendants were left whose legitimacy was unquestioned, the heirs being in the colony, or if a will legally attested and witnessed were left, the case was to be settled in the ordinary courts. If there were doubt, however, as to the validity of the claims of persons representing themselves as descendants, or if there were no heirs, the case would then be administered by the juez de difuntos. Settlements made by the ordinary justices were not reviewed in the royal audiencia. The authority accorded them frequently afforded pretexts for their intervention in cases which should have been settled by the juez de difuntos, particularly when heirs were left in Spain and in other colonies. A number of disagreements arose over this point, but all doubt was conclusively settled by the cédula of January 31, 1772, which awarded such jurisdiction to the juez de difuntos.[30] This was confirmed by the law of September 28, 1797. Foreigners residing outside the dominions were not allowed to inherit property left to them in the colonies, even though they were lineal descendants.[31] Heirs or others claiming property left by deceased persons must appear in person, or have others appear for them, properly authorized, and must prove conclusively their rights as heirs or creditors.
The cédula of September 28, 1797, was a codification and a reclassification of all previous laws on the subject of this jurisdiction. The provisions of this law, briefly stated, were as follows: (1) These judges should not under any circumstances have jurisdiction over property left by will, or without will, when the heirs were present and when there was no question of their right to the property. (2) In order that these judges have power of intervention, it must be well known or appear by judicial process that either all the heirs or the greater number of them were absent. (3) They were not to have jurisdiction over property left by Indians or caciques. (4) They should not usually have authority to settle up the estates or property of native clerics, because their heirs would presumably be present. These cases were therefore subject to the jurisdiction of the ordinary courts, unless it were shown that there were heirs in Spain. Under no circumstances should the ecclesiastical authorities have intervention in these cases. (5) When the heirs were present, the audiencia was ordered to enforce the law which forbade the intervention of both the juez de difuntos and the ordinary judge.[32] In these cases the heirs were allowed to assume their property intact, without its being sold and thereby costs incurred. (6) The practice which had hitherto been followed by the juez de difuntos of diverting a fifth of the property of those who died intestate for the repose of the souls of the dead should cease from that time onward, and the proceeds of said property should be handed over without deduction to the heirs and relatives of the deceased, in accordance with the cédula of June 20, 1766.[33] (7) The juez de difuntos was forbidden to intervene in the settlement of estates or property left to heirs by will.[34]
It would appear, then, that the oidor detailed as juez de difuntos had jurisdiction over cases of intestacy, over the settlement of property when no heirs were apparent, or when there was doubt as to the existence of heirs, and in cases where the designated testamentary donees were outside the colony. The ordinary justices administered estates in two capacities, namely, when testaments were to be executed, the heirs being present, or when they acted as agents for the juez de difuntos. The latter was privileged to call upon the corregidores, alcaldes mayores, and other ordinary justices to execute provisions in the provinces, and these officials were obliged, when so designated, to settle estates subject to the supervision of the juez.[35]
When the heirs were resident in Spain, or in some colony other than the Philippines, the estates of deceased persons were sold and the money was set aside to be remitted to Spain. The collective sum of these properties, sold and unsold, was designated as the bienes de difuntos.[36] At stated periods the juez de difuntos was required to turn over the funds that he had collected, or received in the execution of his duties, to the oficiales reales, first deducting three per cent of their gross amount for his services.[37] His accounts, which were sent to the Council of the Indies, were also audited by these officials, and the audiencia likewise held him accountable for any abuses or errors other than financial. He was also held responsible in his residencia. The fiscal was his prosecutor in case of suit. The juez de difuntos, on his part, was authorized to require reports from the agents and administrators who served him in the provinces, and all necessary safeguards were taken for his protection.[38]
Theoretically, the juez de difuntos, acting through the oficiales reales, sent such money as he had collected to the Casa de Contratación of Seville, or, after June 18, 1790, the date of the extinction of that body, to the juez de arribadas in Cádiz.[39] Thence it was distributed among the heirs in various parts of Spain, or, in case no heirs were found, it was to remain in a fund by itself, until otherwise appropriated or disposed of by the crown. The money was sent at the risk of the heirs, eighteen per cent of the gross amount being deducted to pay the costs of transfer.[40] In actual practice, however, the funds derived from the Philippines were retained at Manila, itemized accounts of them being forwarded to Acapulco, the proper amount being deducted there from the annual subsidy.[41] This rendered unnecessary the actual transfer of money. The juez de difuntos in Mexico received the funds from the Philippines, together with reports and accounts relating thereto, and remitted them to Spain. There occurred many instances in which this magistrate in Mexico found mistakes in the reports rendered by his subordinate in Manila. A great deal of criticism was made from time to time, of alleged irregularities in the administration of these funds in the Philippines; in fact, successive royal cédulas repeatedly charged the Philippine officials with maladministration.[42] The general superintendent of finance, Aparici, in a report to the Council, stated on July 19, 1797, that these funds had never been properly accounted for, and that glaring defects—even dishonesty, had always existed.[43] These faults, he alleged, were owing to the fact that the funds were not directly administered, but were paid into the treasury of Mexico, and that because of this roundabout method direct control could not be exercised. Although this high official pointed out these defects and made recommendations for the betterment of the service, no change was made, and the funds continued to be remitted to Mexico until 1815, when the suspension of the regular galleon eliminated the possibility of this practice.[44]
The juez de difuntos was frequently opposed in the exercise of his special jurisdiction by other officials of the colony. Many cases involving these conflicts of jurisdiction were appealed to the Council of the Indies. Among the most frequent were the quarrels which took place between the captain-general and the juez de difuntos over the question of the special military jurisdiction of the latter, and the claim of the juez de difuntos to administer the property of military and galleon officials. For example, on July 6, 1757, the juez appealed to the Council for jurisdiction over the property of a deceased galleon official on the basis of the rights conceded to him by the laws of the Indies;[45] the governor claimed the right to administer this property on the ground that the galleon officials were appointed by him, and that they were held by the laws of the Indies to be under the military jurisdiction. This case was decided in favor of the juez de difuntos, and may be considered as having established a precedent for his subsequent jurisdiction over such cases.[46]
Probably the most notable case of conflict between the civil and military jurisdictions and one which involved the juez de difuntos occurred at the time of the death of the lieutenant-governor and king’s lieutenant, Pedro Sarrio. The latter had left his property by will to his brother, the Marqués de Algorja, a resident of Alicante. He had appointed a resident of Manila as executor. The governor claimed that the right to administer the property belonged to the executor. The juez de difuntos, on the ground that Sarrio had left heirs in Spain, contended that the funds should be administered by him, as the executor did not have authority to transmit the property to Spain. This case was carried to the Council of the Indies; no record appears of its ultimate solution, but it is illustrative of the commonly accepted principle that the juez de difuntos should have authority over the administration of all property which had to be transmitted to Spain for distribution among heirs.[47] The governor’s contention against it was based on the fact that Sarrio was a military official. As we have already seen, the law of August 29, 1798, authorized the settlement of the property of soldiers by special military courts.[48]