In an instruction directed exclusively to the Philippine audiencia, the king ordered the tribunal to see that offices were bestowed only upon persons "who by fitness or qualifications are best able to hold them." [392] It appears that this law, or another promulgated about the same time, gave to the fiscal and the oidores the right to pass on the qualifications of encomenderos, alcaldes mayores, corregidores, and other minor officials, on condition that preference should be given to conquerors, settlers, and their descendants. Governor Alonso Fajardo remonstrated that this new practice hampered the work of the governor, and created difficulties between him and the oidores. [393] A yet later law, dated October 1, 1624, gave the governor (and viceroy) the right to make temporary appointments of all judicial officials, without the interposition of the audiencia. [394] On February 22, 1680, the power of making permanent appointments of alcaldes mayores and corregidores was vested in the governor and the audiencia. [395] In view of this law, the Audiencia of Manila claimed and actually exercised authority in the appointment of provincial officials from that time onward.
Vacancies in the audiencia itself were filled temporarily by the governor. In case the audiencia were governing ad interim it could designate magistrates from the outside to try cases, but the power of the audiencia, as provided by these laws, was secondary to that of the governor if he were present. Under no circumstances were permanent appointments to the audiencia to be made by any authority other than the king and Council. In case there were a vacancy in the office of fiscal the junior oidor was authorized to fill the place. [396] Conversely, it also occurred that when an extra oidor was needed, the fiscal might be temporarily designated to fill the place. [397] It was also ordered that if the fiscal could not be spared from his office on account of his numerous and important duties, a lawyer might be named to act as fiscal ad interim. [398] In New Spain an alcalde del crimen took the place of the junior oidor when the latter occupied the fiscalía. There were no alcaldes del crimen in the Philippines, but the cédula of February 8, 1610, above cited, was always quoted as furnishing justification for the appointment of oidores ad interim by the governor. [399] In a subsequent chapter we shall refer to several occasions on which this was done; indeed, entire audiencias were re-constituted by certain governors.