The Trial of Rizal

The First Investigation November 20, 1896 • the preliminary investigation on Rizal began • Rizal as the accused appeared before Judge Advocate, Colonel Francisco Olive. • He was subjected to a 5 day investigation. • Rizal was informed about his charges and was given the chance to answer the questions they have on him though he was never permitted to confront those people who testified against him.

The First Investigation November 20, 1896 • 2 evidences were presented against Rizal: – 1. Documentary – 2. Testimonial

Rizal’s Kangaroo Trial : The Preliminary Investigation Documentary Evidences: - includes letters which allegedly implicate Rizal in the Propaganda Movement, several transcripts of speech wherein his name was used by the Katipunan, as well as several of his poems which were highly nationalistic in nature.

Rizal’s Kangaroo Trial : The Preliminary Investigation Documentary Evidences: 1. A letter from Antonio to Mariano Ponce, dated Madrid, October 16, 1888, showing Rizal’s connection with the Filipino reform campaign in Spain. 2. A letter of Rizal to his family, dated Madrid, August 20,1890, stating that the deportations are good for they will encourage the people to hate tyranny. 3. A letter from Marcelo H. del Pilar to Deodato Arellano, dated Madrid, January 7, 1889, implicating Rizal in the propaganda movement campaign in Spain. 4. A poem entitled Kundiman, allegedly written by Rizal in Manila on September 12, 1891 5. A letter from Carlos Oliver to an unidentified person, dated Barcelona, September 18, 1891, describing Rizal as the man to free the Philippines from Spanish oppression.

Rizal’s Kangaroo Trial : The Preliminary Investigation Documentary Evidences: 6. A Masonic lodge document, dated Manila, February 9, 1892, honoring Rizal for his patriotic services 7. A letter signed Dimasalang ( Rizal’s pseudonym) to Tenlunz (Juan Zulueta’s pseudonym), dated Hongkong, May 24, 1892,stating that he was preparing a safe refuge for Filipinos who may persecuted by the Spanish authorities 8. A letter to Dimasalang to an unidentified committee, dated Hongkong, June 1, 1892, soliciting the aid of the committee in the “patriotic work” 9. An anonymous and undated letter to the Editor of Hongkong Telegraph, ensuring the banishment of Rizal to Dapitan. 10. A letter from Idefonso Laurel to Rizal, dated Manila, September 3, 1892, saying that the Filipino people look up to him (Rizal) as their savior

Rizal’s Kangaroo Trial : The Preliminary Investigation Documentary Evidences: 11. A letter from Ildefonso Laurel to Rizal, informing an unidentified correspondent of the arrest and the banishment of Doroteo Cortes and Ambrosio Salvador. 12. A letter from Marcelo H. del Pilar to Don Juan A. Tenluz, dated Madrid, June 1, 1893 recommending the establishment of a special organization to help the cause of the Filipino people. 13. Transcript of a speech of Pingkian (Emilio Jacinto) in a reunion to the Katipunan on July 23, 1893, in which thefollowing cry uttered “Long Live the Philippines! Long LiveLiberty! Long live Doctor Rizal! Unity!” 14. Transcript of a speech of Tik-Tik (Jose Turiano Santiago) in the same Katipunan reunion, where in they shouted: “Long live the eminent Doctor Rizal! Death to the oppressor nation!” 15. A poem by Laong Laan (Rizal), entitled A Talisay in which the author makes the Dapitan schoolboys sing that they know how to fight for their rights

Rizal’s Kangaroo Trial : The Preliminary Investigation Testimonial Evidences: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13.

Martin Constantino Aguedo del Rosario Jose Reyes MoisesSalvador Jose Dizon DomingoFranco Deodato Arellano Ambrosio Salvador Pedro Serrano Laktaw Dr. Pio Valenzuela Antonio Salazar Francisco Quison Temoteo Paez

Rizal’s Kangaroo Trial : The Preliminary Investigation November 26. 1896 after the preliminary investigation, Colonel Olive transmitted the records of the case to Governor Dominguez as special Judge Advocate to institute the corresponding action against Rizal

Rizal’s Kangaroo Trial : The Preliminary Investigation Capt. Rafael Dominguez - as special Judge advocate to institute the corresponding action. He made a brief resume of the charges and returned the papers to the Governor General, who there upon transmitted them to the Judge Advocate, General Don Nicholas de la Peña, for an opinion.

Rizal’s Kangaroo Trial : The Preliminary Investigation Don Nicolas de la Pena - After studying the papers, he submitted the following recommendations: (1) The accused be immediately brought to trial (2) He should be kept in prison (3) An order of attachment be issued against his property to the amount of one million pesos as indemnity (4) He should be defended in court by an army officer, not by a civilian lawyer

The ONLY RIGHT given to Rizal by the Spanish authorities was to choose his defense counsel.

The Prosecution December 8, 1896 • 100 first and second lieutenants in the Spanish Army was presented to Rizal. • Rizal chose Lt. Taviel de Andrade be his defense, he was the brother of Jose Taviel de Andrade, Rizal’s previous “bodyguard” in Calamba in 1887

The Prosecution December 11, 1896 • the information of charges was formally read to Rizal in his prison cell, with his counsel present

The Prosecution Charges to the Accused: • “the principal organizer and the living soul of the Filipino insurrection, the founder of societies, periodicals, and books dedicated to fomenting and propagating ideas of rebellion.”

Dr. Jose Rizal pleaded NOT GUILTY to the crime of rebellion

The Prosecution December 15, 1896 • Rizal wrote the Manifesto to His People in his prison cell at Fort Santiago, appealing to them to stop the necessary shedding of blood and to inform the people that he condemned the rebellion because he wanted their liberties to be attained through education and industry

The Prosecution December 15, 1896 • Rizal wrote the Manifesto to His People in his prison cell at Fort Santiago, appealing to them to stop the necessary shedding of blood and to inform the people that he condemned the rebellion because he wanted their liberties to be attained through education and industry – was not published because it did not condemn the rebellion in its totality but only in two aspects: lack of participation and preparation.

The Prosecution December 25, 1896 • a dark and cheerless Christmas for Rizal, his last on earth, was the saddest in Rizal’s life December 26, 1896 • at 8:00am, the court-martial of Rizal started in the military building called Cuartel de Espana

The Prosecution December 26, 1896 • If pardoned, permanent disqualification and subjection to surveillance of authority, indemnity of 20,000 pesos. • De Andrade in defense, delivered an impressive speech and claimed that the guilt of Rizal has not been legally established. Rizal supplemented his defender’s points in detail.

The Prosecution Rizal read his own defense which he wrote in his cell in Fort Santiago. According to Rizal, there are twelve points to prove his innocence: 1. As testified by Pio Valenzuela, Rizal was against rebellion 2. He had not written a letter addressed to the Katipunan comprising revolutionary elements 3. Without his knowledge, his name was used by the Katipunan; if he really was guilty, he could have escaped while he was in Singapore

The Prosecution 4. If he was guilty, he should have left the country while in exile; he shouldn't have built a home, bought a parcel of land or established a hospital in Dapitan. 5. If he was really the leader of the revolution, the revolutionists should have consulted him. 6. He did not deny that he wrote the by-laws of the La Liga Filipina, but to make things clear, the organization was a civic association, not a revolutionary society.

The Prosecution 7. After the first meeting of La Liga, the association was displaced because of his exile in Dapitan, thus, did not last long. 8. If the La Liga was reorganized nine months later, he had no idea about it 9. If the La Liga had a revolutionary purpose, then Katipunan should not have been organized. 10. If the Spanish authorities found his letters having bitter atmosphere, it was because in 1890 his family was being persecuted resulting to their dispossession of properties and deportation of all his brothers-in-law.

The Prosecution 11. He lived an exemplary life in Dapitan – the politico-military commanders and missionary priests in the province could attest to that. 12. If according to witnesses the speech he delivered at Doroteo Ongjunco's house had inspired the revolution, then he wanted to confront these persons. If he really was for the revolution, then why did the Katipunan sent an unfamiliar emissary to him in Dapitan? It is so because all his friends were aware that he never advocated violence.

The Prosecution December 26, 1896 Lt. Col. Togores Arjona - considered the trial over and ordered the hall cleared. After a short deliberation, the military court unanimously voted for the sentence of death. (afternoon) Death sentence was passed with the same condition except that indemnity was raised to 100,000pesos

The Prosecution December 28, 1896 Gov. Gen. Camilo de Polavieja - The decision was submitted to Gov. Polavieja who immediately sought the opinion of Nicolas de la Peña – the latter found the verdict just and final. - approved the decision of the courtmartial and ordered Rizal to be shot at 7:00 in the morning of December 30 at Bagumbayan Field (Luneta)