The Real Audiencia de Manila (English: Royal Audience of Manila) was the Real Audiencia of the Spanish East Indies, which included modern-day Guam, the Northern Mariana Islands, Palau, Micronesia and the Philippines. Similar to Real Audiencias throughout the Spanish Empire, it was the highest tribunal within the territories of the Captaincy General of the Philippines, a dependency of the Viceroyalty of New Spain.
The Real Audiencia, or simply Audiencia, was an appellate court in Spain and its empire. The name of the institution literally translates as Royal Audience. The additional designation chancillería was applied to the appellate courts in early modern Spain. Each audiencia had oidores.
The Spanish East Indies were the overseas territories of the Spanish Empire in Asia and Oceania from 1565 until 1901. At one time or another, they included the Philippines, Marianas, Carolines, Palaos and Guam, as well as parts of Formosa (Taiwan), Sulawesi (Celebes) and the Moluccas (Maluku). The King of Spain traditionally styled himself "King of the East and West Indies".
Guam is an unincorporated and organized territory of the United States in Micronesia in the western Pacific Ocean. It is the westernmost point and territory of the United States, along with the Northern Mariana Islands. The capital city of Guam is Hagåtña and the most populous city is Dededo. The inhabitants of Guam are called Guamanians, and they are American citizens by birth. The indigenous Guamanians are the Chamorros, who are related to other Austronesian natives of Eastern Indonesia, the Philippines, and Taiwan. Guam has been a member of the Pacific Community since 1983.
The Governor-General of the Philippines was appointed as its highest judge,although on many occasions his absence forced other members to rule the tribunal and assume temporary civilian and military powers.
The Governor-General of the Philippines was the title of the government executive during the colonial period of the Philippines, governed mainly by Spain (1565–1898) and the United States (1898–1946), and briefly by Great Britain (1762–1764) and Japan (1942–1945). They were also the representative of the executive of the ruling power.
When the Real Audiencia of Manila was established, a justice system already existed that was similar to the judicial and administrative systems of Spain and Latin America. Although the powers and functions of the Royal Audience of Manila were basically the same as those exercised by the other Audiencias, several factors, such as the threat of naval attack by the Dutch and the British and the dependence of the colony on the commerce of China, called for a different approach.
The Royal Audience of Manila was created by Royal Decree by King Felipe II dated 5 May 1583, and established in 1584. In the Viceroyalty of New Spain, to which it belonged, it had been preceded by the Real Audiencia of Santo Domingo (1511), the Real Audiencia of Mexico (1527), the Real Audiencia of Panama (1538), the Real Audiencia of Guatemala (1543), and the Real Audiencia of Guadalajara (1548).
The Real Audiencia of Santo Domingo was the first court of the Spanish crown in America. It was created by Ferdinand V of Castile in his decree of 1511, but due to disagreements between the governor of Hispaniola, Diego Colon and the Crown, it was not implemented until it was reestablished by Charles V in his decree of September 14, 1526. This audiencia would become part of the Viceroyalty of New Spain upon the creation of the latter two decades later. Nevertheless, the audiencia president was at the same time governor and captain general of the Captaincy General of Santo Domingo, which granted him broad administrative powers and autonomy over the Spanish possessions of the Caribbean and most of its mainland coasts. This combined with the judicial oversight that the audiencia judges had over the region meant that the Santo Domingo Audiencia was the principal political entity of this region during the colonial period.
The Real Audiencia of Mexico or high court was the highest tribunal of the Spanish crown in the Kingdom of New Spain. The Audiencia was created by royal decree on December 13, 1527, and was seated in the viceregal capital of Mexico City. The First Audiencia was dissolved by the crown for its bungling and corruption and the crown established the Second Audiencia in 1530. Another Audiencia was created in Guadalajara in western Mexico in 1548.
The Real Audiencia of Santiago de Guatemala, simply known as the Audiencia of Guatemala or the Audiencia of Los Confines, was a superior court in area of the New World empire of Spain, known as the Kingdom of Guatemala. This area included the current territories of Guatemala, Belize, El Salvador, Honduras, Nicaragua, Costa Rica and the Mexican state of Chiapas. The Audiencia's presiding officer, the president, was the head of the government of the area. The Audiencia was initially created by decrees of November 20, 1542 and September 13, 1543, and had its seat in Antigua Guatemala.
Law XI (Audiencia y Chancillería Real de Manila en las Filipinas) of Title XV (De las Audiencias y Chancillerias Reales de las Indias) of Book II of the Recopilación de Leyes de las Indias of 1680—which compiles the original decree and the one of May 25, 1596—describes the limits and functions of the Audiencia and its President.
The Laws of the Indies are the entire body of laws issued by the Spanish Crown for the American and the Philippine possessions of its empire. They regulated social, political, religious, and economic life in these areas. The laws are composed of myriad decrees issued over the centuries and the important laws of the 16th century, which attempted to regulate the interactions between the settlers and natives, such as the Laws of Burgos (1512) and the New Laws (1542).
In the city of Manila on the Island of Luzon, Head of the Philippines, shall reside another Royal Audiencia and Chancellery of ours, with a president, who shall be governor and captain general; four judges of civil cases [oidores], who will also be judges of criminal cases [alcaldes del crimen]; a crown attorney [fiscal]; a bailiff [alguacil mayor]; a lieutenant of the Gran Chancellor; and the other necessary ministers and officials; and which shall have for district said Island of Luzon, and the rest of the Philippines, the Archipelago of China, and its Mainland, discovered and to be discovered. And we order that the governor and captain general of said Islands and Provinces, and president of their Royal Audiencia, have exclusively the superior government of the entire district of said Audiencia in war and peace, and shall make provisions and favors in our Royal Name, which in conformity to the laws of this Compilation and the rest of the Kingdoms of Castile and the instructions and powers that We shall grant, he should and can do; and in gubernatorial matters and cases that shall arise, that are of importance, said president-governor should consult on them with the judges of said Audiencia, so that they give their consultive opinions, and having heard them, he should provide the most convenient to the service of God and ours and the peace and tranquility of said Province and Republic.
Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts, and the law of obligations. It is to be distinguished from public law, which deals with relationships between both natural and artificial persons and the state, including regulatory statutes, penal law and other law that affects the public order. In general terms, private law involves interactions between private individuals, whereas public law involves interrelations between the state and the general population.
Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender.
Taiwan, officially the Republic of China (ROC), is a state in East Asia. Neighbouring states include the People's Republic of China (PRC) to the west, Japan to the north-east, and the Philippines to the south. The island of Taiwan has an area of 35,808 square kilometres (13,826 sq mi), with mountain ranges dominating the eastern two-thirds and plains in the western third, where its highly urbanised population is concentrated. Taipei is the capital and largest metropolitan area. Other major cities include Kaohsiung, Taichung, Tainan and Taoyuan. With 23.7 million inhabitants, Taiwan is among the most densely populated states, and is the most populous state and largest economy that is not a member of the United Nations (UN).
Santiago de Vera, sixth Spanish Governor-General of the Philippines, dissatisfied with the limits that the Audiencia imposed on his authority as a governor, dissolved the institution in 1590, and sent to Mexico all judges that composed the tribunal. pp70–71)(
Santiago de Vera was a native of Alcalá de Henares, Spain and the sixth Spanish governor of the Philippines, from May 16, 1584 until May 1590.
Governor-General Francisco Tello de Guzmán reestablished it in 1596.
Most of the laws dealing with the establishment of all 16th and 17th century Audiencias can be found in the Recopilación de Leyes de los Reynos de las Indias issued in 1680.
The Audiencia was given supervision over the administration of the estates of deceased persons. Special attention received the trials of cases involving states from native owners, and a provision was made that: "our said president and Oidores shall always take great care to be informed of the crimes and abuses which are committed against the Indians under our royal crown, or against those granted in encomiendas to other persons by the governors." The Audiencia was directed to exercise care that "the said Indians shall be better treated and instructed in our Holy Catholic Faith, as our free vassals." This was in conformance with the requirement to exercise great care in suits involving the local population, respecting their rites, customs, and practices to which they had always been accustomed. Appointed local government officials were ordered not to dispossess native chiefs of their rule or authority, and on the contrary, to appeal cases involving them without delay to the Audiencia, or to the visiting Oidor. The Audiencia was to devote two days a week to hearing suits to which Indians were parties. The fiscal, who acted as a prosecutor for the government and was the most important official directly connected with the tribunal, was also instructed to "take care to assist and favor poor Indians in the suits that they have, and to see that they are not oppressed, maltreated, or wronged."
Although it was commanded not to interfere with governors of provinces, it had the right, when charges had been made by private individuals, to conduct investigations on government officials. The Audiencia was also empowered to investigate the judges of provinces, and had the authority to try cases of appeal from local governors, town and city mayors, and other magistrates of the provinces; it also had jurisdiction over civil cases appealed from government officials of the city and original jurisdiction over all criminal cases arising within five leagues of the city of Manila.
Civil suits of sufficient importance could be appealed from the Audiencia to the Council of the Indies, that exercised supreme authority over all overseas territories, and acted as a last resort Supreme Court.
The Audiencia exercised very pronounced authority over the services of public servants and government officials in the Philippines, and reported to the court all matters relative to the conduct, work, or attitude of any employee or official of the government. The Governor-General himself was forbidden to authorize extraordinary expenditures from the treasury without express royal permission, except in cases of riot or invasion.
Although the Governor-General had the right to make appointments in most departments of the government, except in the offices appointed directly by the Crown, the Audiencia imposed a very strict check on these appointments that was almost invariably a source of conflict throughout the history of the colonial government.
The president of the Audiencia was empowered to delegate on the (oidores) to investigate about the correct administration of government and justice in the provinces. They were to note the state of the towns and their needs, the means taken for the construction and preservation of public buildings. Oidores were also required to check on the condition of the natives on the encomiendas and make sure they were faithfully and efficiently instructed and not permitted to live in ignorance and idolatry. They also had to make reports on the state of the soil, the condition of the crops and harvests, extent of mineral wealth and timber, and just about everything that had to do with the general welfare. On these trips the Oidores were authorized to take such action as they deemed to be necessary.
Oidores were forbidden to receive any fees from or to act as advocates for any private person, and they could not hold income-yielding estates in arable land or cattle. Oidores were also forbidden to engage in business, either singly or in partnership, nor could they avail themselves of the services of the natives. Any person could bring suit against an Oidor. The Audiencia was forbidden to act alone in the selection of the Judges, and magistrates were forbidden to hear cases affecting themselves or their relatives. No relative of the President or of an Oidor could be appointed legally to a government post. Criminal charges against the oidores were to be tried by the Governor-General, with the assistance of government officials fit to judge on the case.
The Audiencia did assume responsibility for the defense of the Philippines on many occasions, such as in 1607, when it maintained the defense of Manila and Cavite against the Dutch, or between 1762 and 1764, when Oidor Simón de Anda y Salazar assumed military power on behalf of the Audiencia, organizing and maintaining a defense against the British who had invaded Manila, a move that was later approved by the King of Spain.
The Audiencia also assumed temporary military powers during the governments of Pedro Bravo de Acuña, Juan de Silva, Juan Niño de Tabora, Sebastian Hurtado de Corcuera (1635-1644) and Diego Fajardo Chacón, as they were engaged in lengthy military expeditions outside Manila.
Among the most frequently complaints made against the Governor-General and his military subordinates was their abuse of power. In order to make all military personnel accountable for their actions a Juicio de Residencia (Trial of residence) was held at the end of their terms (although it could be held at any time, if deemed necessary).
This judicial trial 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 was found to have acted honestly, giving him a clean certificate of recommendation. If he was found guilty of official misconduct, dishonesty or any other crimes, he was apprehended, degraded, and punished, according to his wrongdoings.
Edward Gaylord Bourne described the process as extremely harsh: "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."
One of the most famous Residencia trials was that of Sebastián Hurtado de Corcuera, Governor-General from 1636 to 1644, who during his rule had managed to anger several personalities from the ecclesiastic, military and civilian hierarchies. Upon leaving office he had a particularly severe Juicio de Residencia after which he was sentenced to a prison term of which he served five years at Fort Santiago and made to pay a substantial fine.
Another Governor-General, Fausto Cruzat y Gongora, was convicted at the end of his term in 1701 for cheating on the native laborers. The Court concluded that "although the estimated cost of construction for the government house was 30,000 pesos, only 6,000 pesos were disbursed, the remainder representing what the natives contributed of their sweat and blood", at a time when one peso was the equivalent of the yearly salary of a native galleon builder in Cavite and a house could be bought for twenty pesos.
Jose Basco y Vargas, who first came to the Philippines during the administration of Governor Pedro Manuel de Arandia, as Oidor of the Audiencia, was also made to endure a Juicio de Residencia with charges brought against him in 1764, during which a review was made of his acts while as an Oidor he continued resistance once Manila had fallen during the brief British occupation of Manila, in defiance of the orders of Archbishop Rojo.His actions were not only approved, but he was also awarded high honors and promotions. On November 19, 1769, he was granted an annual pension of 3000 pesos for life. Basco y Vargas later went on to become the 44th Governor of the Philippines, ruling from 1778 until 1787.
The Audiencia exercised both executive and judicial powers over the Church. The tribunal ruled over disputes between orders, between the government and the Church or any of its representatives, over cases relating to land titles, over abuses against the natives by representatives of the Church, and over cases involving the Jus patronatus. However the Audiencia was ordered to exercise its mandate without harming the rights and prerogatives of the church and to assist the prelates on all occasions when they petitioned for aid from the Spanish Crown.
Some other ecclesiastical affairs could also claim the attention of the Audiencia, such as the supervision over the assignment of benefices, and especially with the settlement of the property and estates of Bishops and Archbishops who had died in the Philippines.
The Audiencia of Manila also exercised its authority over the colleges and universities. Therefore, Oidores and fiscals were automatically excluded as candidates rectories. Instead, they were to make sure that the level of education in the universities, colleges and seminaries was up to approved standards, and that candidates for the licentiate did deserve the degree.
As early as 1585 the Jesuits had requested to establish a college in Manila, but although the Audiencia reported satisfactorily on the work of the Jesuit order, it concluded that there was no need to finance such a costly enterprise, granting only permission to establish the college of San Jose in 1601, that managed to maintain itself without royal aid until 1767. in 1648 the Jesuits asked again the Audiencia for the right to grant academic degrees at the newly upgraded University of Santo Tomas, and again their request was denied by the tribunal. However the Audiencia's ruling was overturned by the Council of the Indies in 1653. In 1769, after the expulsion of the Jesuits, the Audiencia tried for a time to administer San Jose, but a cedula was issued ordering to close down the college and transfer all existing students over to secular colleges and seminaries. The Audiencia then reported to the Council of the Indies on the transaction details that involved revenues derived from Jesuit properties, whose income was remitted to the Royal Treasury. The Archbishop of Manila tried to obtain the administration over all those properties and revenues, but it was stopped by the Audiencia. The Crown sustained the Audiencia's measures and forbade the prelate from trying to appropriate any of these assets.
In 1893 two District Audiencias were established, one in Cebu and the other in Vigan. They were subordinated to Manila and only had jurisdiction over criminal cases on appeal.
Gómez Pérez Dasmariñas y Ribadeneira was a Spanish politician, diplomat, military officer and colonial official. He was the seventh governor-general of the Philippines from May or June 1, 1590 to October 25, 1593. The city of Dasmariñas, located 24 km south of Manila, was named after him. Dasmariñas was a member of the Order of Santiago.
The Royal Audiencia of Santiago was an Audiencia Real or royal law court that functioned in Santiago de Chile during the Spanish colonial period. This body heard both civil and criminal cases. It was founded during the 17th century and abolished in 1818.
Francisco Ceinos was one of five oidores (members) of the second Audiencia of New Spain. This group governed the colony from January 10, 1515 to April 16, 1535. Ceinos was also in the Audiencias that served as interim governments of New Spain from 1564 to 1566 and from approximately July 1568 to November of that year. In the latter two periods he was president of the governing Audiencia.
The Real Audiencia of Charcas was a Spanish audiencia with its seat in what is today Bolivia. It was established in 1559 in Ciudad de la Plata de Nuevo Toledo and had jurisdiction over Charcas, Paraguay and the Governorate of the Río de la Plata, today Uruguay and northern Argentina. This court oversaw the incredible silver output of the mines at Potosí. It was part of the Viceroyalty of Peru until 1776, when it was transferred to the newly created Viceroyalty of the Río de la Plata and began to be referred to as Upper Peru.
The New Kingdom of Granada, or Kingdom of the New Granada, was the name given to a group of 16th-century Spanish colonial provinces in northern South America governed by the president of the Audiencia of Santa Fe, an area corresponding mainly to modern-day Colombia, Panama and Venezuela. The conquistadors originally organized it as a captaincy general within the Viceroyalty of Peru. The crown established the audiencia in 1549. Ultimately the kingdom became part of the Viceroyalty of New Granada first in 1717 and permanently in 1739. After several attempts to set up independent states in the 1810s, the kingdom and the viceroyalty ceased to exist altogether in 1819 with the establishment of Gran Colombia.
The Real Audiencia of Quito was an administrative unit in the Spanish Empire which had political, military, and religious jurisdiction over territories that today include Ecuador, parts of northern Peru, parts of southern Colombia and parts of northern Brazil. It was created by Royal Decree on 29 August 1563 by Philip II of Spain in the city of Guadalajara. It ended in 1822 with the incorporation of the area into the Republic of Gran Colombia.
Simón de Anda y Salazar was a Spanish Basque governor of the Philippines from July, 1770 to October 30, 1776.
The Real Audiencia of Guadalajara, was the highest tribunal of the Spanish crown in what is today northern Mexico and the southwestern United States in the Viceroyalty of New Spain. It was created by royal decree on February 13, 1548, and was originally located in Compostela and permanently seated in Guadalajara in 1560. Its president was the chief political and executive officer of the district, subordinated only to the Viceroy.
An oidor was a judge of the Royal Audiencias and Chancillerías, originally courts of Kingdom of Castile, which became the highest organs of justice within the Spanish Empire. The term comes from the verb oír, "to hear," referring to the judge's obligation to listen to the parts of a judicial process, particularly during the phase of pleas.
The Real Audiencia and Chancery of Lima was a superior court in the New World empire of Spain, located in the city of Lima, capital of the Viceroyalty of Peru. It was created on November 20, 1542 as was the viceroyalty itself, by the Emperor Charles V. The Audiencia began functioning in 1543 and initially had jurisdiction over the entire viceroyalty—virtually all of Spanish-controlled South America and Panama. Later other audiencias were established in the Viceroyalty. The Audiencia functioned until 1821 when the forces of José de San Martín entered Lima.
The Royal Audiencia and Chancellería of Valladolid was a judicial body established by Henry II of Castile in 1371, with jurisdiction over the entire territory of the Crown of Castile, except for the characteristics of the Hall of Justice of the Council of Castile. The building was originally called El Palacio de los Vivero.
The Royal Audience and Chancery of Panama in Tierra Firme was a governing body and superior court in the New World empire of Spain. The Audiencia of Panama was the third American audiencia after the ones of Santo Domingo and Mexico. It existed three times under various guises since it first creation in 1538 until its ultimate abolition in 1751.
Miguel Lino de Ezpeleta was a Spanish Criollo born in Manila who served as the Bishop of Cebu from 1757 until his death in 1771. Consequently, he assumed the position as the governor-general from 1759 to 1761 during Spanish intervention to the Seven Years' War and prelude to the occupations of Manila and Cavite.
Francisco Coloma y Maceda, Marqués of Canales de Chozas (1617–1677) was a Spanish oidor and licentiate who served as the 29th Governor-General of the Philippines. He is the fifth Governor-General of the Philippines from the Real Audiencia of Manila. Prior to being governor, Coloma served as senior auditor (oidor) in charge of military affairs during the administrations of Governor-General Diego de Salcedo to Manuel de León.
José Torralba Rios (1653-1726) was a Spanish oidor and licentiate who served as the 36th Governor-General of the Philippines. He is the eighth Governor-General of the Philippines from the Real Audiencia of Manila.
Títulos: i De las leyes, provisiones, cedulas, y ordenanças Reales. ii Del Consejo Real, y Iunta de Guerra de Indias. iii Del Presidente, y los del Consejo Real de las Indias. iv De el Gran Chanciller, y Registrador de las Indias, y su Teniente en el Consejo. v Del Fiscal de el Consejo Real de las Indias. vi De los Secretarios de el Consejo Real de las Indias. vii Del Tesorero general [receptor] de el Consejo Real de las Indias. viii Del Alguazil mayor del Consejo Real de las Indias. ix De los Relatores de el Consejo Real de las Indias. x Del Escrivano de Camara del Consejo Real de las Indias. xi De los Contadores del Consejo Real de Indias. xii De el Coronista mayor del Consejo Real de las Indias. xiii De el Cosmografo, y Catedratico de Matematicas de el Consejo Real de las Indias. xiv De los Alguaziles, Avogados, Procuradores, Porteros, Tassador, y los demás Oficiales del Consejo Real de las Indias. xv De las Audiencias, y Chancillerias Reales de las Indias. xvi De los Presidentes, y Oidores de las Audiencias, y Chancillerias Reales de las Indias. xvii De los Alcaldes del Crimen de las Audiencias de Lima y Mexico. xviii De los Fiscales de las Audiencias, y Chancillerias Reales de las Indias. xix De los Iuzgados de Provincia de los Oidores, y Alcaldes de el Crimen de las Audiencias, y Chancillerias Reales de las Indias. xx De los Alguaziles mayores de las Audiencias. xxi De los Tenientes de Gran Chanciller de las Audiencias, y Chancillerias Reales de las Indias. xxii De los Relatores de la Audiencias, y Chancillerias Reales de las Indias. xxiii De los Escrivanos de Camara de las Audiencias Reales de la Indias. xxiv De los Avogados de las Audiencias, y Chancillerias Reales de las Indias. xxv De los Receptores, y penas de Camara, gastos de Estrados, y Iusticia, y Obras pia de las Audiencias y chancillerias Reales de las Indias. xxvi De los Tassadores, y Repartidores de las Audiencias, y Chancillerias Reales de las Indias. xxvii De los Receptores ordinarios, y su Repartidor de las Audiencias, y Chancillerias Reales de las Indias. xxviii De los Procuradores de las Audiencias, y Chancillerias Reales de las Indias. xxix De los Interpretes. xxx De los Porteros, y otros Oficiales de las Audiencias, y Chancillerias Reales de las Indias. xxxi De los Oidores, Visitadores ordinarios de los distritos de Audiencias, y Chancillerias Reales de las Indias. xxxii Del Iuzgado de bienes de difuntos, y su administracion, y cuenta en las Indias, Armadas, y Vageles. xxxiii De las informaciones, y pareceres de servicios. xxxiv De los Visitadores generales, y particulares.