RIZAL RETRACTION Fr. Vicente Balaguer He is a Jesuit priest who claimed that he conveyed to convince Rizal to denounce Masonry and return to Catholic fold In 1917, an affidavit executed that proves he was who solemnized the marriage of Jose Rizal and Josephine Bracken. Fr. Vicente Balaguer’s Statement In December 9, 1896, Father Vilaclara and Fr. Vicente went to Fort Santiago and Fr. Vicente conceive that Rizal must make a retraction of errors and a profession of Catholic faith before ministering the Sacraments to him. The Archbishop gave it to Fr. Vicente the formula of retraction and profession of faith written by Father Pio Pi According to Rizal, his rule of faith is the word of God that can be seen in the sacred scriptures. Rizal declared himself as a rationalist freethinker. “Father, do not proceed. That style is different from mine. I cannot sign that because it should be understood that I am writing it myself.” –Rizal “That style is simple as mine. Don’t bother, Father, to read it all. Dictate what I ought to profess and express, and I shall write, making any case some remarks.” The retraction was signed together with Rizal by Senor Fresno, Chief of the Picket and Senor Moure, Adjutant of Plaza. Father Balaguer testify that on the very day of Rizal’s death he wrote everything and preserved the account that serve as the data of presentation of his narration. Father Balaguer also shared that before Dr. Rizal reached the Bagumbayan or Luneta today, he went to Ateneo and delivered the aforementioned document to Father Pio and at the same day brought it to the Palace and hand it over to Archbishop Nozaleda. Fr. Pio Pi Father Pio Pi Y Vidal, S. J. Superior of the Jesuits in the Philippines in 1896 Issued an affidavit about his involvement to Rizal’s Retraction Published the account that he made in Manila in 1909 La Muerte Cristianadel Doctor Rizal Confirmed his account in a Notarial Act signed in Barcelona, April 7, 1917 His shorter document was accepted by Father Vicente Balaguer. Fr. Pio Pi’s Statements The fathers in the chapel received a letter for them to accept and took care of Dr. Rizal who is considered a convict back. The fathers followed what is written in the letter not because they are from the higher office but because they want to save the soul of Dr. Rizal who is their most eminent and beloved pupil. Father Pio Pi hasn’t visited nor talk to Dr. Rizal while he was staying in the chapel before accompanying him by the other fathers to the Bagumbayan. The Bagumbayan is the place of execution of Rizal. Dr. Rizal had a long and very meaningful conversation with Father Balaguer. Rizal surrendered willingly and completely to his faith with the lord and the Christian sentiments When the retraction was about to be started, there have been a conflict between rather Balaguer and Archbishop about the composition that they have made Father Balaguer wrote the modification by his hand and signed beneath Rizal’s signature, chief of the Picket, Juan del Fresno and the Adjutant of the plaza, Eloy Moure who was the Witness Rizal took the document by his hand and knelt down the altar of the chapel. Father Pio did not know Rizal and did not come to see him when he was on their Church, but he knew what was happening and the proceedings of Rizal's execution through his fellow Fathers Regarding the conflicts conversation from his anti-Catholic ideas, the Jesuit priests were able to persuade him very easily, and so Rizal surrendered willingly and completely to the faith again. He copied and modified his own retraction document and signed it together with the two witnessed. After that, Dr. Rizal went to the altar and knelt down and read this document aloud. Rafael Palma Rafael Palma was the author of Biografia de Rizal He’s a politician, lawyer, writer and an educator He won a literary contest in 1938 sponsored by commonwealth government because of his book Publication of book was postponed due to WWII and was only print in 1949 The book was translated in English on the same year by Roman Ozaeta and with a title Pride of Malay race, it was published by prentice hall in the US. Rafael Palma’s Statement After Rizal died, all the allegations of him retracting his documents were false or a forgery for Rafael Palma Taviel de Andrade was the defense counsel of Rizal For Palma, the testimony of the conversion of Rizal was just a mere rumor The document of retraction was kept secret so that no one was able to see it except the authorities The certificate of canonical marriage with Josephine Bracken were denied Rizal's burial was kept secret There was no masses were said for his soul or funeral held by the Catholics Rizal was not buried in the Catholic cemetery of Paco Rizal considered who died impenitent and did not receive spiritual aid Extraordinary or abnormal acts of a person are always to some reason or rational motive For him Rizal's conversion was a pious fraud to make the people believe that the extraordinary man broke down and succumbed before the church he had fought Jesuits lent themselves as Rizal's instrument. Rizal would have a great resonance in the whole country Austin Coates Rizal believed that the prime mover of fraud is the friar bishop and this friar is the one who wanted his retraction. Rizal is aware that once he made a retraction there would be a damage that would affect him. Also he believed that before God he had nothing to retract. Austin Coates’s Statement Pio Pi y Vidal and Jesuits of probity don’t believe about the Rizal retraction and died confessed. Rizal’s family believed that Rizal had not retracted. If so, he would have told his mother about it when they talked. Balaguer’s create his account to publicly praised himself Balaguer revealed his own fraud Rizal wished to write poems When the authorities are about to dispose, there were only books, letters and alcohol burner left in the place, they had not found any poems on Rizal's place and they revealed that Rizal was not within Fort Santiago that night and Rizal did not know what was then taking place Balaguer made his account to elaborate that Rizal is not allowed to write, but only to glance at the Mi Ultimo Adios to show that it took him only few hours to write it THE PHILIPPINE CONSTITUTION Constitution- is defined as the fundamental law of a nation or state. It is the constitution that establishes the character and basic principles of the government. “The highest expression of law” Purposes of a Constitution: Prescribes the kind of government Creates the different departments Source of the sovereign powers Promotes public welfare Constitutional Convention- is a body assembled for the express purpose of framing or writing a constitution, revising existing one, or proposing amendments. Plebiscite- ratifying Biak na Bato Republic Constitutions The PH Revolution reached a stalemate in 1897. Aguinaldo met w/ his leaders to establish a recognized government in order to consolidate the forces still fighting. A new government that was now in Biak na Bato. It was agreed that a republican form of government would be formed. Isabelo Artacho & Felix ferrer were tasked to write a constitution. Both decided to adopt the Jimaguayu, Cuba constitution. The constitution was promulgated by the Philippine Revolutionary Government on November 1, 1897. Its preamble reiterated the objective of the revolution which was- “The separation of the Philippines from the Spanish monarchy and their formation into an independent state with its own government.” The government that was formed was a Supreme Council. This council had sweeping powers of government. The official language was Tagalog. The judiciary power was vested in another Supreme Council of Justice. Articles 22-25 were essentially the Bill of Rights accorded to every Filipino. The constitution was to last only for 2 years. Malolos Republic Constitution Aguinaldo ordered the convening of a congress in Malolos, Bulacan. The Malolos Congress had its inaugural session at Barasoain Church in Malolos on September 15, 1898. One of its first acts was to ratify the Independence declaration in Kawit. The Congress was originally conceived by presidential adviser Apolinario Mabini to be an advisory body to the president. Another group led by Pedro Paterno decided to create a constitution to form a government that would be recognized by foreign powers. Mabini was overruled by Paterno and his allies. Discussion for the constitution began on October 25. Felipe Calderon drafted the constitution inspired by the Mexican (& etc) constitution. One of the heated discussions focused on the issue of the union of Church and State where Catholicism would be the state religion. The constitution was approved by the Malolos Congress on November 29, 1898. Mabini objected to the original draft of the constitution which emphasized a popular government which means supreme power is given to a legislative body. The amendments were made and the document was finally approved by Aguinaldo on January 21. The Malolos Constitution was the first republican constitution in Asia. Main Features: Based on democratic traditions w/ 3 branches (executive, legislative, judicial) It called for a presidential form of government. (4-year term) Recognized the freedom of religion and the separation of the Church and State Emphasized and safeguarded the basic civil rights (Bill of Rights Article 19-23) The approval of the Constitution did not end the strife between the Congress and Mabini. Mabini was eventually replaced as president of the Cabinet several months later. The first Philippine Republic was inaugurated on January 23, 1899 at the Barasoain Church where Emilio Aguinaldo took his oath of office as the first president of the republic. Malolos Republic was the first democratic government of the country. The republic was a short-lived government. Its demise began at the start of Philippine-American War in February 1899 and ceased to exist with the capture of President Aguinaldo in Palanan, Isabela in March 1901. July 1901- Americans formally established the first civil government in the islands. 1935 Constitution and the Government Commonwealth Filipinos were given a role in the legislative function when the Philippine Assembly was established in 1907. It was during the administration of Governor-General Francis Burton Harrison (1913-1921) that the Filipinization Policy of the government was put in place. Filipinos were given a hand in running the country. Majority of the members were replaced by Filipinos. The Jones Law 1916 (Philippine Autonomy Act) was passed by the US Congress. The Jones Law reorganized the government with an American governor-general, cabinet, and Filipino Legislature- Senate and House Representatives. The new Philippine Legislature was inaugurated on October 16, 1916 with Sergio Osmena as House Speaker and Manuel Quezon as Senate President. Tydings-Mcduffie Law- was approved on March 24, 1934 and was known as the Philippine Independence Act. It provided for the drafting and guidelines of a constitution for a 10-year “transitional period” government before the granting of independence. Known as the Commonwealth Government. PH began to ready itself for its transition from a colonial country into a self-governing nation. July 10, 1934- election was held to vote for the delegates to write a constitution for the Philippines and opened on July 30. January 31, 1935- the draft of the constitution was finished and was approved on February 8. Tomas Cabili- felt that the constitution did not serve the people of Mindanao. March 23, 1935- the constitution was approved by US President Franklin Delano Roosevelt and ratified by the Filipinos in a plebiscite on May 14, 1935. The 1935 Constitution served as the Fundamental Law from 1935 to 1972. It established the Commonwealth of the Philippines. Japanese Occupation & the Second Philippine Republic 1943 Constitution. The commonwealth government was interrupted by the 2nd World War and Japanese Occupation of the PH. The commonwealth under President Manuel Quezon went into exile in the United States. The Japanese offered to grant the Philippines its independence. The Kapisanan ng Paglilingkod sa Bagong Pilipinas (KALIBAPI) convened and elected a Philippine Commission for Philippine Independence (PCPI) to write a new constitution. This was finished and signed on September 04, 1943 and ratified by the KALIBAPI. October 14, 1943- the 2nd Philippine Republic with Jose P. Laurel. 1943 constitution was basically a condensed version of the 1935 constitution consisting only of a preamble and 12 articles. It was transitory in nature as it was only effective during the duration of the war. The 1943 constitution was recognized as legitimate and binding only in Japanese-controlled areas of the Philippines. It was abolished along with the 2nd republic upon the liberation of the PH by US forces in 1945. 1973 Constitution and the Marcos Dictatorship June 01, 1971- a constitutional convention was convened at the Manila Hotel, its purpose was to write a new constitution. Eduardo Quintero- accused Marcos of bribing delegates to vote for a provision to extend the presidential term office and to change the form of government. But the convention’s activities soon came to a temporary halt when President Marcos declared Martial Law on September 21, 1972. The convention was reconvened and a draft constitution was finally finished and approved on November 30. Marcos submitted it to “citizen assemblies” The plebiscite was held from January 10-15, 1972 and the constitution was overwhelmingly approved. January 17, 1973- President Marcos signed Proclamation No. 112 declaring the 1973 Constitution ratified. The 1973 Constitution provided for a parliamentary form of government (President was the symbolic head and the Prime Minister was the head of the government.) Prime Minister- head of the Cabinet. Legislative Power was vested in the Batasang Pambansa. The constitution also provided for the establishment of the Civil Service Commission, Commission on Elections and the Commission on Audit. 1981- Amendments were made to the 1973 Constitution. The Amended constitution also granted the President several powers and functions originally vested in the Prime Minister and the Cabinet. The 1973 remained in force until February 22-25, 1986 (EDSA Revolution) It also ended the reign of Marcos Administration. 1986 Freedom Constitution March 24, 1986- President Cory Aquino signed the Proclamation No. 3 which later called the “Freedom Constitution” Recognizing the new Aquino Administration as a temporary revolutionary government until the framing of new constitution. It basically adopted some provisions of the 1973 Constitution especially the Bill of Rights. Under the Freedom constitution, the President continued to exercise legislative powers until a legislature was convened a new constitution. 1987 Constitution Section 1, Article 5 of the Freedom Constitution- President Aquino issued on April 23, 1986 Proclamation no. 9, constituting a Constitutional Commission charged with drafting new constitution not later than September 2, 1986. May 26, 1986- President Aquino appointed the 50 CONCOM members representing the various sectors of society from politics to the arts and to religion. June 02, 1986- the ConCom, headed by Justice Cecilia Munoz Palma, commenced its sessions at the Batasang Pambansa. October 12, 1986- the ConCom completed their task. October 15, 1986- presented the draft constitution to President Aquino. February 02, 1987- plebiscite for its ratification. February 11, 1987- the new constitution was proclaimed ratified and in effect. The House Representatives is composed of the Congressmen/women elected to a three-year term and can be re-elected, but cannot serve more than three consecutive terms. The Sectoral Representatives are members of party-list organizations who can give “voice” to significant minorities of society. The Senate is composed of 24 senators who are elected and serve for 6-year terms with half of the senators elected every three years. The Supreme Court is the Philippines’ highest judicial court, as well as the court of last resort. It is consists of 14 associate justices and a chief justice. UNITV–INTRODUCTIO N Concept of STATE & GOVERNMENT A community of persons more or less numerous, permanently occupying a definite portion of territory, possessing a government of their own to which the great body of inhabitants render habitual obedience and free from external control (Gardner) The 4 Elements of the State 1. People – citizens owing allegiance to the State and other nationals of foreign governments who shall necessarily uphold the sovereign power of the State. 2. Territory – fixed place to live in 3. Government – agency through which the will of the State is formulated, expressed and carried out; responsible in organizing people a. Absolute Monarchy – The ruler rules by divine right believing that they are descendants of God; 1. Constitutional Monarchy – The authority of the ruler is limited by the constitution; 2. Aristocracy – “government of the few for the benefit of the few”; 3. Democracy – government of many or of the people a. Direct or Pure Democracy – the will of the State is expressed directly in meetings; b. Indirect, Representative or Republican – the will of the State is formulated and expressed thru the select body of persons to act as their representatives in the government B. According to the nature of tenure of the officials 1. Hereditary – rulers derived their powers from predecessors related to them 4. Sovereignty – supreme power of the State to command and enforce obedience to its inhabitants. 2. Elective or Popular – administrators are chosen by the people Internal manifestation – authority of the state to rule within its territorial jurisdiction C. According to the distribution or concentration of governmental powers External Manifestation – Freedom of control of other states 1. Unitary or Centralized –central government or majority party in power What are the Types of Government? A. According to the number of people in exercising the power of the state 1. Monarchy – Rule of one 2. Federal – powers are distributed between the central and the local government; supreme within its boundaries but not in external relations, D. According to the relations of the legislature and the executive 1. Parliamentary System – Chief Executive is the Prime Minister and the cabinet is directly responsible to the legislative branch of the government 2. Presidential System – Chief Executive is the President is directly responsible to the people. CONSTITUTION: A CONCEPT inciples in accordance with which the powers of sovereignty are regularly exercised written instrument by which the fundamental powers of the government are established, limited, and defined and by which these powers are distributed among the several departments or branches for their safe and useful exercise for the benefit of the people. Nature and Purpose 1. Serves as the supreme or fundamental law – charter creating the government; it speaks for the entire people from whom it derives its claim to obedience 2. Establishes basic framework and underlying principles of the govt – organic; basic prescription of the permanent framework of the system of the govt. Types of Constitution A. Based on Origin or History 1. Conventional or Enacted 2. Cumulative or Evolved B. Based on Form 1. Written 2. Unwritten C. Based on the Manner of Amendments 1. Rigid or inealstic 2. Flexible or elastic A written constitution is advantageous in the sense that it is clear and definite. Its disadvantage lies in the difficulty of its amendment. What are the requisites of a good written constitution in content? 1. It should contains a provision on the framework of government, its powers and electorate. 2. It should contain – fundamental rights of the people and impose certain limitations on the powers of the govt as a means of enjoying these rights. 3. It should contain the mode for amending and revising the constitution. Constituent Power of the People ➢ 1. Power to call a Constitutional Convention – called by the majority vote of the Congress. ➢ 2. Power to propose amendment to the Constitution – system of initiative by a petition of 12 % of which 3% represents a legislative district. ➢ 3. Power to ratify or reject the proposed amendment to or a new proposed constitution- plebiscite. People’s Initiatives (Art. 17 Sec. 2) ➢ 1. Submission of petition ➢ 2. Signed by 12% of total registered voters ➢ 3. Representation of at least 3% of every legislative district ➢ 4. Takes effect only after 5 years following the ratification ➢ 5. Amendments must take only once every 5 years. Principles of Philippine Government ➢ 1. Preamble-Recognition of the aid of the Almighty; ➢ 2. Article 2- 1Sovereignty of the people; ➢ 3. Article 2 Sec.2- Renunciation of war as a national policy; ➢ 4.Article 2 Sec. 3 Supremacy of civilian authority over the military; ➢ 5. Article 2 Sec. 6 –separation of church and state; ➢ 6. Article 2 Sec. 12 & XV – family as the basic unit of the society; role of the youth ➢ 7. Article 3 – HR ➢ 8. Article 5 Sec.1 government through suffrage ➢ 9. Article 6 Sec.1 separation of powers ➢ 10. Article 10 Local Autonomy ➢ 11. Article 2 Sec. 1 Rule of Majority ➢ 12. Article 16 Sec. 3 – non suability of the state ➢ 13. Art. 8, Secs. 1-16 --- Guarantees of Social Justice ➢ 14. Art. 12 Sec. 2, 3, 17-18 ---- Nationalization of Natural Resources ➢ 15. Art. 11 --- Accountability of Public Officers
