CHAPTER VIII

The Governmental Organization

Literary Theories of Government-Theory and Practise-The Minister of Ultramar and the Consejo de Filipinas-The Chief Executive-The Board of Authorities and the Council of Administration-The Audiencia-The Residencia-The Ecclesiastical System-The Monastic Orders-Powers of the Friars-Conflicting Opinions of Their Work-The Inquisition-The Provincial Governments-Provinces and Pueblos-Organization of Municipalities under Maura Law.

The real Spanish government in the Philippines, the one that the people knew in their daily lives, was very different from the one we find described in the codes, royal decrees and other formal documents. It is a very good illustration of the difference which so often exists between the literary theory of a government and the reality. As worked out in the laws it was a humane and liberal system designed solely for the protection and conversion of the native people. In fact, it was illiberal, restrictive and often oppressive.

In the sixteenth century the Spanish monarchy was a congeries of more or less independent countries united through a common sovereign, but each regulating its affairs by local laws and customs. Dependencies, such as Mexico, were practically independent monarchies governed by the king through his viceroys.

The Philippine government was subordinate to the viceroyalty of Mexico, but, like every other department, was responsible directly to the king. As it existed when the end came the royal control was exercised through the Minister of Ultramar, to whom was entrusted the superior administrative supervision of the colonies. He was assisted by the Consejo de Filipinas, which was composed of persons selected because of their special knowledge of the country. One member of the Council represented

war, two marine, one the regular clerical body in the Philippines, one the monastic orders, two the Philippine branch of the treasury, two the Home Office, one the Department of Grace and Justice, and two the Department of Administration and Public Works.

This Council was consulted by the minister at his pleasure on matters relating to the islands. It prepared the statutes and decrees or projects for reforms at the direction of the minister or on its own initiative for his consideration.

At the head of the government in the islands was placed a governor-general with the additional local military rank of captain-general, who was the representative of the king's power and governed in his name under instructions which were often very detailed and specific. His powers varied at different times. During the late period he was appointed by the king with the approval of the Council of Ministers on the recommendation of the Minister of Ultramar, under whose immediate control he exercised his functions. He was regarded as the representative of each of the home ministries of State, War and Marine in matters pertaining to those departments. The powers and duties of the governor- and captain-general may be summarized as follows:

As the representative of the central power, it was his duty to publish, execute and enforce the laws, decrees, orders and commands of general character issuing from any of the ministries to which he was subject, and to secure the fulfilment of all international obligations pertaining to the islands; to watch over and inspect all the branches of the public service of the state in the islands, and to give an account to the ministries which he represented of any or all matters affecting them; to exercise, in certain specified cases, the prerogative of pardon; to suspend the resolutions, or the enforcement of orders of the general government whenever the public interest in the islands required such action, and to suspend the execution of any act or resolution of inferior authorities whenever deemed necessary.

As chief of the administration it was his duty to maintain the

integrity of the administrative régime in accordance with law; to publish orders and commands for the fulfilment of the laws and regulations, and for the administration and government of the islands, giving an account of his action to the Minister of Ultramar; to propose to the home government whatever in his opinion might promote the moral and material interests of the people under the government; to suspend associations or corporations which were found in delicto; to authorize the imposition of fines by the governors of provinces upon public officers or corporations; and to suspend for cause the public servants of the administration appointed by the home government, giving immediate notice thereof, and filling the vacancies meanwhile in the manner provided by law.

As head of the military and naval forces in the Archipelago, he had the powers and functions accorded to the captains-general of the various districts of the Peninsula, with the additional power of disposing of troops and assigning superior officers to commands, and the multifarious powers and functions which belong to a general in command of an army corps.1

There were two councils, one called the Board of Authorities and the other the Council of Administration. The former, which was merely a cabinet, was composed of the governor-general as president; the archbishop of Manila; the lieutenant-general second in command; the commander of the navy; the chief officer, intendent, of the treasury; the director-general of the civil administration; the president of the audiencia, and the fiscal or attorney-general of the islands.

Its functions were purely advisory; its advice was not binding upon the governor-general; nor did his acceptance of its advice in any way relieve him of personal responsibility.

The Council of Administration was a consultative body of large representation. It was composed of some twelve members ex officio: the governor-general as president; the archbishop of Manila; the commander of the navy; the lieutenant-general,

1 Vide Report of Schurman Commission, I, p. 73. The governor-general received a salary of $40,000, Mexican, per annum.

second in command of the army; the president of the audiencia; the intendent of the treasury department; the director-general of the administration; the superiors of the religious orders; the president of the Chamber of Commerce of Manila; the president of the Society of Friends of the Country and in addition six appointed members, three from the provinces of Luzon and three from the Visayan provinces. The delegated members were designated by their respective local provincial boards, or juntas. To these were added three members appointed by the king.

This council considered the general budget of receipts and expenses in all the branches of the service; the budget of receipts and expenditures of local funds; reforms or changes in the regulations or instructions which the governor-general desired to propose to the home government; royal patronage, and all other matters which the governor-general might deem it proper to submit for its consideration.

The supervision of matters relating to the interior, such as education, sanitation, public works, mines, meteorology, agriculture, industry, commerce and communications, was in a General Directorate of Civil Administration, composed of a director-general and various heads of bureaus.

Prior to 1865 the finances were under the immediate control of the chief executive, but in that year an attempt was made to separate the financial from the executive functions. The administrative work of the treasury was in charge of an official known as the intendent-general, but the last word in matters financial as well as executive remained with the governor-general.

There were numerous subordinate officials, who collected and disbursed public funds and audited the accounts. The duties were collected through a customs house at Manila. A tariff board interpreted the regulations and schedules and made an annual report on general conditions including the merchant marine. An auxiliary commission of appraisers, which included merchants and traders in its membership, prepared and published tabulated statements showing the average prices of imported and exported goods.