The Trial and

Martyrdom of

Rizal

The Preliminary Investigation Colonel Francisco Olive – Judge Advocate of

the Spanish military tribunal (November 20, 1896)

Two kinds of evidences :◦ Documentary letters of Antonio Luna, Marcelo del Pilar, and Carlos Oliver

Poems Kundiman and Hymn to Talisay

Transcript of speeches of Emilio Jacinto and Jose T. Santiago

◦ Testimonial Oral testaments of Jose Dizon, Deodato Arellano, Pio

Valenzuela, Timoteo Paez, and Pedro Laktaw

After six days of preliminary investigation, Colonel Olive transmitted his report of the case to Governor Ramon Blanco for appropriate action on November 26, 1896.

Blanco appointed Captain Rafael Dominguez as a Special Judge Advocate to evaluate the case.

◦ Concluded that a prima facie case exists against Rizal.

◦ Endorsed summary of charges against Rizal to Nicholas dela Peña, the Judge Advocate General, for legal opinion and adjudication.

Peña made the following recommendations to Gov. Blanco on December 8,1896:

◦ That the accused be kept under the custody of law

◦ That the accused be brought to trial

◦ That an order of attachment be issued against his property

◦ That the accused be defended in court by an army officer

The Arraignment of Rizal

On December 8, 1896, Rizal was informed to choose his counsel by dela Peña

His arraignment was set on December 11.

Rizal chose Luis Taviel de Andrade, brother of Jose Taviel de Andrade.

During his arraignment, he was accused of the complex crime of rebellion.

Dominguez submitted the transcript of the arraignment to Malacañan Palace on December 13, 1896.

Archbishop Nozaleda and the Dominicans felt that Rizal be absolved from the accusations against him.

The Trial of Rizal Rizal’s case was turned over to Dominguez and Alcocer

on December 19, 1896 for prosecution.

The trial commenced on December 26 at the Halls of Banners of Cuartel de España .

The trial started with the reading of charges against the accused by Judge Advocate Dominguez. Alcocer’sargument rested on Rizal’s admission of the founding of La Liga.

Alcocer averred that: “In a crime founded on rousing the passions of the

people against governmental powers, the main burden of guilt is on the man who awakens dormant feelings and raises false hopes for the future.” (Guerrero, 1998)

Taviel de Andrade’s defense was based on the rule of evidence and the law applying the Penal Code of Spain in the Phils.

Rizal’s 13 statements:1. I am not guilty of rebellion as I even advised Dr. Pio

Valenzuela in Dapitan not to rise in revolution.

2. The revolutionists used by name without my knowledge. If I were guilty, I could have escaped from Singapore.

3. If I had a hand in the Katipunan revolution, I could have escaped Dapitan and should have not built a house there.

4. If I were the chief of the revolution, why did they not consult me on their plans?

5. I was not the founder of La Solidaridad and the Association Hispano-Filipino.

6. I had nothing to do with the introduction of masonry in the Philippines. Serrano had a higher degree than I had. If I were the head, since when does an officer permit himself to be promoted to a captain general?

7. The La Liga did not live long. It died a natural death after my banishment to Dapitan.

8. If the La Liga was re-organized nine months later, I was totally unaware of it.

9. It was true that I wrote the statutes of the La Liga. The La Liga,

however, is a civic association whose purposes are unity and

development of commerce and industry.

10. While it was true that there were some bitter statements in my

letters, it was because they were written when my family was

being persecuted, being dispossessed of their houses and

lands; and my brother and brother-in-law were rusticated

without due process of law.

11. It was not true that the revolution was inspired in one of my

speeches at the house of Doroteo Ongjungco, as alleged by

the witnesses whom I would like to confront. My friends knew

very well about my vehement opposition to an armed rebellion.

12. Why did the Katipunan send an emissary to me in Dapitan, who

was a total stranger to me? Because those who knew me were

cognizant that I would never sanction any violent movement.

13. My life in Dapitan had been exemplary, as evidenced by my

productive activities for the welfare of the people. Even the

politico-military commanders and missionary priests could

attest to this.

The verdict of the military court was submitted

to Governor Polavieja who refered to the Judge

Advocate General for comments.

◦ He found Rizal guilty beyond reasonable doubt.

◦ Therefore, should be condemned to death by firing

squad at the place and time to be chosen by the

governor-general.

◦ Polavieja approved dela Peña’s recommendations on

December 28, 1896.

Rizal’s trial was a very clear confirmation of the injustice of the Spanish Regime for the following reasons:1. Rizal was a civilian but was tried by a military

tribunal.

2. Rizal was already condemned guilty even before the trial.

3. All allegations against Rizal were accepted by the court but not the arguments and evidence in his favor.

4. Rizal was not allowed to confront witnesses against him nor his counsel to cross-examine them.

5. Evidences to convict Rizal did not have any bearing on his alleged commission of the complex crime of rebellion.

Last Remaining Hours on Earth

The verdict of death was read on

December 29, 1896 to Rizal

Rizal’s letter to Blumentritt:

Doña Teodora was the first to see him

He gave Trinidad an alcohol burner

wherein his last poem was inside --- “Mi

Ultimo Adios”

The Execution of a Hero

Rizal woke up at 5:30 am to write two letters: one for his

family and one for Paciano.

• Began at exactly 6:30

in the morning.

• Behind him were

Lieutenant Taviel de

Andrade (his

defender), Father

March, and Father

Villaclara.

• Before preceding to

the place where he

was supposed to

stand, Dr. Felipe

Castillo (military

physician) checked his

pulse and found it

normal.

• The trumpet signaled

the commencement of

the execution and a

commander shouted

“Fuego” or Fire and

Rizal slowly turned his

back to the firing

squad.

• The military band played the Marcha de

Cadiz ( Spain’s national hymn).

• Shouts of Viva España (Long Live Spain)

and Muerte A Los Traidores ( Death to the

Traitors) could be heard all over the place

at exactly 7:03 in the morning.

• It was all over and Rizal has been

executed.