Note 85 — Chapter III · THE JUDICIAL FUNCTIONS OF THE AUDIENCIA

The audiencia had appellate jurisdiction over all residents of the colony, both natives and Spaniards. All crimes committed within five leagues of the city of Manila were ordered to be tried by the oidores in first instance,85 but unless they were of extraordinary importance, special investigators, usually alcaldes mayores or alcaldes ordinarios, were delegated to try them in the name of the audiencia.86 As already stated, most of the criminal cases arising in the colony were tried in first instance in the provinces by the alcaldes mayores. Cases appealed to the audiencia were reviewed in that tribunal. The trial consisted of an examination of the summary or abstract of the case as it was originally tried by the lower judge and, if errors were found to exist, the decision was either reversed or the case was remanded to the judge who first had tried the case, for second trial.87 The audiencia did not try the case with the defendant present. It merely reviewed the proceedings of the lower judge. Criminal cases were not ordinarily appealable to the Council of the Indies.