Note 21 — Chapter IX · THE AUDIENCIA AND THE GOVERNOR: THE AD INTERIM RULE
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The irregularities and inconveniences arising from the inefficacy of the law of 1608 led to the promulgation of the cédulas of January 30, 1635, and of April 2, 1664, and to the enactment of the consulta of September 9, 1669. These regulations applied exclusively to the Philippines, and they legalized the intervention of the audiencia in governmental affairs on the death of the governor. The first of these admitted the right of the audiencia to administer political affairs, but ordered that military defense should be in the hands of a person appointed in advance by the Viceroy of New Spain. The cédula of April 2, 1664, ordered that the audiencia should serve temporarily during vacancies in the governorship until the temporary appointee of the viceroy should arrive. This law further prescribed that the audiencia should assume charge of political affairs while the senior magistrate should take over the military command. He was to see that the forces and defenses of the Islands were adequately kept up, and that the soldiers were disciplined; he was authorized to command them in case of insurrection or invasion. The consulta of September 9, 1669, above referred to, re-enacted the cédula of April 2, 1664, but in addition it specifically ordered that the viceroy should not designate a temporary governor until news of the death of the regular incumbent was received, and then that no resident or native of the Philippines should be appointed.21