Note 35 — Chapter IV · JUDICIAL FUNCTIONS OF THE AUDIENCIA; THE RESIDENCIA1

The laws provided ample opportunity for appeal in cases of residencia. The cédula of November 17, 1526, ordered that appeals might be made to the Council of the Indies from judges of residencia in cases involving liabilities in excess of 600 pesos.35 Many appeals were made to the Council in accord with this law, and the time of the tribunal was consumed in the consideration of matters comparatively of small importance. To obviate this defect the law was changed on August 7, 1568, to provide that no case could be appealed to the Council of the Indies unless the sentence imposed capital punishment or deprivation of office.36 The cédula of June 23, 1608, ordered that if the fine imposed upon the governor and ministers of the Philippines did not exceed one thousand pesos the case should be finished in the audiencia.37 Cases involving a greater amount were to be appealed to the Council. Sentence of judges of residencia were not to be executed pending the trial of appeals to the audiencia and the Council of the Indies.38