Note 21 — Chapter II · THE ESTABLISHMENT OF THE AUDIENCIA OF MANILA (1583–1598).

A legal defender of the Indians was wanted in this case to serve them in the courts. The bishop, at this time, was protector of the Indians and in that capacity had protested against the abuses of the encomenderos. The bishop, of course, could not enter the courts and defend the Indians in litigation.

The law of March 17, 1593, which ultimately established a defender of the Indians in Manila, filled the need voiced by Rivera. The law referred to read as follows: “The protection and defense of the Indians in the Philippines was entrusted by us to the bishops there, but having recognized that the latter cannot conform to the demands, autos and judicial summons which require their personal presence, we order that our president-governor shall name a protector and defender of the Indians, assigning to him a sufficient salary from the taxes levied pro rata upon the Indians who are under the royal jurisdiction and on private encomiendas, without touching the revenues of our royal hacienda which are for other purposes. And we declare that this does not signify that it is our intention to deprive the bishops of the superintendence and protection of the Indians in general” (Recopilación, 6–6–8).

Philip II, on January 10, 1589, restored the office of protector or defender of the Indians in the Indies generally. It was stated in this law that as a result of the earlier abolition of the office many inconveniences and injustices had arisen. The law authorized the appointment of a person of good character and morals to the office (ibid., 1). The reform of April 9, 1591, required that the appointee should be a lawyer, and that there should be a defender of the Indians attached to each audiencia (ibid., 3). The reform of March 11, 1784, provided that the fiscales should name these protectors in the future. (Ibid., note 1.)