Chapter 24:Last Homecoming and Trial

October 8, 1896 Rizal learned that the Madrid papers were full of stories regarding the revolutions in the Philippines and he was blamed from it.

October 11, 1896 Rizal’s diary was confiscated during his way to Port Said, his cabin was searched nothing significant was found. On November 11, 1896 his diary was returned.

Unsuccessful Rescue in SingaporeDr. Antonio Ma. Regidor and Sixto Lopez

Dispatch telegrams to an English lawyer in Singapore named Hugh Fort to rescue Rizal when his arrive, by means of writ of habeas corpuz.

• When the Spanish steamer arrived Atty. Fort instituted proceedings at the Singapore Court for the immediate removal of Rizal from the said steamer.

• Chief Justice Loinel Cox denied the writ of habeas corpus on the ground because the steamer carry Spanish troops hence it is a warship of foreign power which under the law beyond the jurisdiction of the Singaporean court.

November 3, 1896 (Arrival in Manila)Spanish authorities gather evidence against Rizal while: Deodato Arellano Domingo FrancoDr. Pio Valenzuela Temoteo PaezMoises Salvador Pedro Serrano Laktaw

were brutally tortured to implicate Rizal.

• Rizal owned brother was also arrested and tortured but never said anything against his younger brother.

First InvestigationNovember 20, 1896

Preliminary investigation was conducted. 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 been given the chance to answer the questions they have on him though he was never permitted to confront those people who testified against him.

Two Evidences presented against him: 1. documentary 2. testimonial

Jose Rizal Kangaroo Trial: Preliminary Investigation

Documentary Evidences1. A letter from Antonio to Mariano Ponce dated Madrid October 16, 1888,

showing Rizal 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.

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. Am anonymous and undated letter to the Editor of Hongkong Telegraph, censuring the banishment of Rizal toDapitan.

11. A letter to Ildefonso Laurel to Rizal, dated Manila,informing an unidentified correspondent of the arrest andthe banishment of Doroteo Cortes and Ambrosio Salvador.

12. A letter to Marcelo H. del Pilar to Don Juan A. Tenluz (JuanZulueta), dated Madrid, June 1, 1893 recommending theestablishment of a special organization, independent of Masonry, to help the cause of the Filipino people.

13.Transcript of a speech of Pingkian (Emilio Jacinto) in areunion to a Katipunan on July 23, 1893, in which thefollowing cry uttered “Long Live the Philippines! Long LiveLiberty!lOng live Dr. Rizal Unity!”

14. Am anonymous and undated letter to the Editor of Hongkong Telegraph, censuring the banishment of Rizal toDapitan.

15. A letter to Ildefonso Laurel to Rizal, dated Manila,informing an unidentified correspondent of the arrest andthe banishment of Doroteo Cortes and Ambrosio Salvador.

16. A letter to Marcelo H. del Pilar to Don Juan A. Tenluz (JuanZulueta), dated Madrid, June 1, 1893 recommending theestablishment of a special organization, independent of Masonry, to help the cause of the Filipino people.

17. Tanscript of a speech of Pingkian (Emilio Jacinto) in areunion to a Katipunan on July 23, 1893, in which thefollowing cry uttered “Long Live the Philippines! Long Live

• The testimonial evidence consisted of the oral testimonies of :Martin Constantino Aguedo del Rosario Jose Reyes MoisesSalvador Jose Dizon DomingoFranco Deodato Arellano Ambrosio Salvador Pedro Serrano LaktawDr. Pio Valenzuela Antonio Salazar Francisco QuisonTemoteo Paez

November 6, 1896 After the investigation, Col. Olive transmitted the records of the case to Gov. Gen. Ramon Blanco, and the letter appointed

Capt. Rafael Dominguez - as special Judge advocate to institute the corresponding action.

• Dominguez 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.

Peña submitted the following recommendations:• The accused should be immediately brought to trial• He should be kept in prison• An order of attachment be issued against his property to the amount one million

pesos as an indemnity, and• He should be defended in court by an army officer, not by a civilian officer

December 8, 1896 100 first and second lieutenants in the Spanish Army was presented to Rizal, Lt. Taviel de Andrade chosen by Rizal to behis defense, he was the brother of Jose Taviel de Andrade his previous bodyguard

Charges to the accused• He was accused of being ‘ 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’

• He pleaded not guilty to the crime of rebellionManifesto to Some FilipinosDec 15

To inform the people that he condemned the rebellion because he wanted their liberties to be attained through education and lacked the participation of ‘those from above’

• Was not published because it did not condemn the rebellion in its totality but only in two aspects: lack of participation and preparation.

Spain's case against Rizal

Trial of RizalProsecution (Alcocer)

Asked for death sentence; if pardon, 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

CUARTEL DE ESPAÑA – site of Rizal’s trial

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 rebellion2. He had not written a letter addressed to the Katipunan comprising

revolutionary elements3. Without his knowledge, his name was used by the Katipunan; if he really

was guilty, he could have escaped while he was in Singapore4. 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.

7. After the first meeting of La Liga, the association banished 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 it9. 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.

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 want 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.

• But the military court remained indifferent to the pleads of Rizal. After a short deliberation, he was sentenced to be shot in musketry until death at 7 o'clock in the morning of December 30, 1896 at Bagumbayan. 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. Two days later, the governor general signed the court's decision and ordered Rizal's execution.

Polavieja signs Rizal’s ExecutionDec 26 same afternoon

Death sentence was passed with the same condition except that indemnity was raised to 100,000pesos

Dec 28 Gov. Gen Polavieja approved the sentence, ordering Rizal be executed by firing squad two days later at 7a.m at Luneta

Camilo de Polavieja, Governor-General of the Philippines (1896-1897).