Note 41 — Chapter IV · JUDICIAL FUNCTIONS OF THE AUDIENCIA; THE RESIDENCIA1

Officials were usually obliged to submit to residencia before leaving the colony, also before their promotion to higher posts.41 Owing, however, to the paucity of ships plying to New Spain and to the length of time elapsing between sailing dates, officials could give bonds and leave before the residencia was completed.42 This was permitted only to men of good character, whose services had been uniformly satisfactory, and who were destined to some other post wherein their services were indispensable. The investigation was then conducted in the absence of the official concerned.43 It was decreed by the cédula of December 30, 1776, that an annual deduction of one-fifth of the total salary of the governors and viceroys respectively should be made, until sufficient money had been taken out to cover the probable costs and liabilities of their residencias.44 This was a special assessment, distinct from the media anata,45 and the money deducted thereby was to be returned if nothing detrimental were proved in the residencia. The last year’s salaries of alcaldes mayores and corregidores were withheld, pending investigations of their official conduct and a rendering of accounts of collections made by them.46 If an official were cleared of all guilt, the money which had been withheld was returned and the costs of residencia were defrayed by the royal treasury.47 In case the official were found guilty of misconduct, he had to forfeit his deposits, back-salary, bonds, and frequently to pay a large fine in addition. The amount of the penalty, of course, depended on the extent of the guilt. It may be said that in the Philippines the royal treasury suffered no serious embarrassment through having to bear costs of residencia.