Note 107 — Chapter IX · THE AUDIENCIA AND THE GOVERNOR: THE AD INTERIM RULE

By the Royal Instruction of Regents of 1776, the regent was authorized to act as president of the audiencia during the absence of the governor, and in case there were no regent, the senior magistrate of the audiencia was to take his place.107 This law was confirmed by the cédula of August 2, 1789, which ordered that viceroys and presidents, on going outside of their capitals, “should assign to the regents the faculties for the dispatch of the most important and immediate affairs.”108 A subsequent law, dated July 30, 1779, stated that “these important and immediate affairs” did not include “the duties and functions of the captain-general.” Again, the royal order of October 23, 1806,109 commanded that the audiencia should in no case take control of the government when there was a vacancy, but that the name of the temporary governor should be contained in an envelope which was to be opened on the death of the governor, or on his absence from the district. In case provision had not been made in this way, it was ordered that the government should be taken over by the ranking military officer of the colony, if he were higher than the grade of colonel; if not, the regent or decano should be temporary president, governor and captain-general, without ceding the exercise of any of the functions of this office to the audiencia.110 This law was suspended by the royal order of July 12, 1812, and by the decree of November 2, 1834, which ordered that the segundo cabo, or lieutenant-commander of the king’s forces should succeed the governor and captain-general.111 It is important to note that these laws were applicable throughout the Spanish colonial empire. Subsequent vacancies in the Philippines were filled by military men, and the audiencia refrained from interference with the government.