Cases of first instance were tried by inferior judges who were below the category of oidores. [120] As noted in a former chapter, these judges were the alcaldes ordinarios, alcaldes mayores, and corregidores. The former tried civil and criminal cases in the towns and cities and the last two exercised extensive jurisdiction in the provinces. Cases were appealed from them to the audiencia. [121] The audiencia was forbidden to concern itself with cases of first instance, excepting certain criminal suits which originated within five leagues of Manila. [122]
A separate sala, for the trial of criminal cases was created in the audiencias of Lima and Mexico. The magistrates serving in these salas were designated as alcaldes del crimen. They had jurisdiction in first instance over the criminal cases arising within five leagues of the capital, as referred to above, and in second instance over those appealed from the provincial judges. [123] The oidores in these audiencias confined themselves to civil suits, but in audiencias where there were no alcaldes del crimen, the oidores were authorized to try both civil and criminal cases. [124] The magistrates of the Audiencia of Manila had both criminal and civil jurisdiction, as that tribunal belonged to the latter class. When the number of oidores present was insufficient to do the work of the audiencia, alcaldes ordinarios or alcaldes mayores who had the necessary qualifications might be transferred temporarily to the tribunal. When acting as oidores they could not try cases over which they had formerly exercised original jurisdiction. [125]
A system of procedure was prescribed for the trial of cases before the audiencia and the order fixed in which these should come up for consideration. It was ordered that two slates should be kept, one for cases classified according to their importance and another for those to be tried by rotation. Cases of the first category and those which were especially urgent might supersede the latter, but when there were none of the former the second slate was to be adhered to.
Cases relating to real hacienda took precedence over all others. The president was instructed to see personally that these cases should not be subjected to delay and that at least one day a week should be set aside for their adjudication. Next in importance were cases involving infractions of royal ordinances and laws. Probate cases were given one day a week. Two days weekly were set aside for the consideration of suits which arose between Indians and between Indians and Spaniards. Cases involving the poor, however, were to take precedence over these. The audiencia was made responsible for the good treatment of the Indians and it was charged with the obligation of seeing that all suits to which Indians were parties should be tried without loss of time. Delays resulting from the carelessness of lawyers and from their eagerness to profit at the expense of the natives were discouraged. Matters of slight importance which pertained to the Indians were to be dispatched by decrees of the audiencias and viceroys; this provision was designed to avoid contentious litigation, to which the natives were characteristically inclined. It also sought thereby to protect them from dishonest judges and lawyers. Any and all of the cases mentioned in this paragraph were considered to be of such importance that they were classified among the first to be tried and determined prior to those involving property, commercial affairs, and ordinary transactions. Of the latter cases those already decided were to be reopened before the hearing of new cases of the same class. Cases involving the poor were to be given speedy consideration. [126] Length of waiting should be the criterion for the consideration of the remaining cases.
