THE ARREST AND TRIAL OF RIZAL

Katipunan - a secret

revolutionary society

founded by Andres

Bonifacio

Dr. Pio Valenzuela -

secret emissary of

Katipunan to Dapitan

For 26 days (August 6-September, 1896) Rizal stayed on board the Castilla

August 29 -Katipunan plot to rise in arms against Spain was discovered by Father Mariano Gil (Augustinian parish priest of Tondo)

Katipuneros led by Emilio Jacinto tried to rescue Rizal however he refused their rescue offer

Last trip to Spain

August 30 - he received a letter from GovernorBlanco wishing him “happiness” and twoadditional letter of recommendation for theMinistry of War (General Marcelo de Azcarraga,Philippine born Spaniard) and the Ministry ofColonies

September 3, 1896 - left Spain on board thesteamer Isla de Panay

September 7 - streamer reached Singapore, aBritish colony

Don Pedro Roxas and other Filipino friends in

Singapore tried to persuade him to escape

from the clutches of Spain however he refused

again

Mr. Fort- English lawyer

The crux of Mr. Font’s legal contention was Rizal

was “illegally detained” on the Spanish steamer

In Barcelona

When the steamer

arrived in Barcelona

on October 3, 1896,

Rizal remained there

for three days and

was transferred to

Montjuich Castle on

October 6, 1896

November 3 - the

steamer Colon

arrived in Manila and

was immediately

transferred to Fort

Santiago

Tortured:

*Deodato Arellano

*Domingo Franco

*Dr. Pio Valenzuela

*Timoteo Paez

*Moises Salvador

*Paciano(cruelly tortured)

*Jose Dizon

Headed by Judge Advocate, Colonel

Francisco Olive

2 kinds of evidence

* 15 documentary

* 15 testimonial

Documentary Evidences

1. A letter from Antonio Luna to Mariano Ponce

dated Oct. 16, 1888, Madrid.

2. A letter of Rizal to his family dated Aug. 20,

1890, Madrid.

3. A letter from M.H. Del Pilar to Deodato Arellano

dated Jan 7, 1889, Madrid

4. A poem entitled “Kundiman” allegedly written

by Rizal.

Documentary Evidences

5. A letter of Carlos Oliver to an unidentified

person, Sept. 18, 1891.

6. A Masonic document dated Feb. 9, 1892.

7. A letter signed “Dimasalang” to Ten Luz

(Juan Zulueta) dated May 24, 1892, H.K.

8. A letter signed Dimasalang to unidentified

committee dated June 1, 1892, Hong Kong.

Documentary Evidence

9. An anonymous and undated letter to the

Editor of the Hong Kong Telegraph.

10.A letter of Ildefonso Laurel to Rizal, dated Sept.

3, 1892.

11.A letter of Rizal Segundo, dated Sept. 17, 1893.

12.A letter to M.H. Del Pilar to Juan A. Tenluz

Documentary Evidence

13.A transcript of the speech of Pinkian (Emilio

Jacinto) in a meeting of the Katipunan on July

23, 1893.

14.Transcript of a speech Tik-Tol (Jose Turiano

Santiago) during the same Katipunan meeting.

15.A poem by Laon Laan (Rizal) entitled A Talisay.

Testimonial evidence

*Martin Constantino *Domingo Franco

*Aguedo del Rosario *Jose Dizon

*Ambrosio Salvador *Jose Reyes

*Moises Salvador *Timoteo Paez

*Pedro Serrano Laktaw

*Deodato Arellano

*Dr. Pio Valenzuela

*Antonio Salazar

*Francisco Quison

Recommendations

the accused be brought to trial

he should be kept in prison

an order of attachment be issued against his properties to the amount of 1 M pesos as indemnity

he should be defended in court by an army officer, not by civilian lawyer

Rizal chooses his defender Don Luis Taviel de

Andrade- 1st

lieutenant of the

artillery served as his

defender in court

-brother of

Jose(Rizal

“bodyguard” in

Calamba 1887)

December 11 - to the question asked, Rizalreplied:

1. He did not question the jurisdiction of the court

2. He had nothing to amend, except that since hisdeportation to Dapitan in 1892 he had notengaged in politics

3. He did not admit the charges preferred againsthim

4. He did not admit the declaration of thewitnesses against him

December 13 -

the case against

Rizal was referred

to Governor

Camilo C. de

Polavieja, who

had just replaced

Governor Blanco

December 15 - he wrote a manifesto tohis people appealing to them to stopthe unnecessary shedding of blood andto achieve their liberties by means ofeducation and industry.

It was written in his prison cell at FortSantiago

Judge Advocate Nicolas de la Peñarecommended to Governor Polaviejathat the manifesto be surpressed.Accordingly its publication wasprohibited.

December 26, 1896-he who wasaccustomed tospend this merryseason in thecompany of hisbeloved family ofdear friends, foundhimself alone anddepressed in adreary cell.

Rizal was accused of 3 crimes:

1. rebellion

2. sedition

3. illegal association

In his preliminary defense, he further proved his

innocence by twelve points

December 26, 1896(8:00 am) - the court martialof Rizal started in the military building calledCuartel de España

The military court, in spite of Rizal’s additionaldefenses, remained indifferent.

Lt. Co. Arjona closed the trial and ordered theclearing of the court hall

After a short deliberation, the seven members ofthe military court voted unanimously for the deathof Rizal on the same day.

7 members of military court:

• Lt. Col. Jose Togores Arjona (pres)

• Capt. Ricardo Muños Arias

• Capt. Manuel Reguera

• Capt. Santiago Izquierdo

• Capt. Braulio Rodriguez Nuñez

• Capt. Manuel Diaz Escribano

• Capt. Fernando Perez Rodriguez

December 28 - Gov. Polavieja approved the

decision of the court martial and ordered the

execution of Rizal on December 30th at

Bagumbayan Field (Luneta)

Rights of the accused1. The right to free access to the courts and adequate legal

assistance.

2. The right to be informed of his right to remain silent and to have counsel when under investigation for the commission of an offense.

3. The right against the use of torture, force, violence, threat, intimidation, or any other means which vitiates the free will.

4. The right against being held in secret, incommunicado, or similar forms of solitary detention;

5. The right to bail and against excessive bail.

6. The right to due process of law.

7. The right to presumption of innocence.

8. The right to be heard by himself and counsel.

9. The right to be informed of the nature and cause of the accusation against him.

Rights of the accused10. The right to have speedy, impartial, and public trial.

11. The right to meet the witnesses face to face.

12. The right to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf.

13. The right against self-incrimination.

14. The right against detention by reason of political beliefs and aspirations.

15. The right against excessive fines.

16. The right against cruel, degrading or inhuman punishment.

17. The right against infliction of the death penalty except for heinous crimes.

18. The right against double jeopardy.

19. The right against ex post facto law and bill of attainder.