When the governor submitted the name of a candidate to the acuerdo it was the duty of the magistrates to furnish all the information possible regarding the character, fitness, and ability of the person under consideration for the position. If the audiencia and the governor should disagree and the latter still persisted in an appointment, it was the duty of the audiencia to submit, forwarding all evidence relative to the candidate to the Council of the Indies, the latter body ultimately taking such action as it deemed best. When the nominations of the governor reached the Council of the Indies for confirmation, that tribunal relied extensively upon information furnished by the audiencia concerning the candidates under consideration.
As already stated, the king retained the right to appoint certain so-called "officials of royal designation." These varied at different times, but, in general, included corregidores, alcaldes mayores, oficiales reales, oidores, regents, and, of course, viceroys, governors, and captains-general. [387] All these officials, except those last named, could be temporarily designated by the executive. Although the law placed corregidores, alcaldes mayores, and oficiales reales in this category, their designation by the court, like the confirmation of encomiendas, was usually nominal. Many of these offices were filled in Spain and Mexico, while some appointees were named from the Philippines, and probably in the majority of the latter cases the royal appointment merely amounted to a confirmation of a temporary appointment made by the governor. The post of governor of the Philippines was filled temporarily by the viceroy of New Spain until about 1720. In the same manner the governor of Ternate was named by the Philippine executive, with the advice and consent of the audiencia. These ad interim appointments were valid until the king made them regular by confirmation, or sent persons from Spain to hold them permanently.
When a vacancy occurred among the offices of royal designation, it was the governor's duty to forward a list of candidates, or nominees, and from this list the king, or the Council of the Indies in his name, made a permanent appointment. [388] In the meantime a temporary appointment was often made by the governor, in acuerdo with the audiencia, and the name of the appointee was placed first on the list remitted to the court. This procedure was followed in the appointment of encomenderos, corregidores, alcaldes mayores, and treasury officials. It was seldom done in the cases of oidores and fiscales, who, because of their special or professional character, were usually sent directly from Spain or from New Spain. Unless there were special reasons to the contrary, for instance, the filing of an adverse report by the audiencia, or a protest on the part of residents, the governor's temporary appointments were usually confirmed and made permanent. Temporary appointees with salaries exceeding 1000 pesos a year only received half-salary until their appointments were confirmed. [389] At least two years and frequently four transpired before the regular appointment arrived, and as the terms were from three to five years for the majority of these offices, the governor's candidate was usually the incumbent a considerable portion of the time, whether his nomination were confirmed or not. Neither relatives nor dependents of governors or oidores could be legally appointed to any office. [390] This mandate was often violated, as we shall see. It was the duty of the regent and the fiscal to certify to the court that appointees were not relatives of the governor or oidores. [391]