Trial

TRIAL

During November 20 1896 Rizal was under five-day investigation that the evidence against him was documentary and testimonial. He was asked by the Judge Advocate, Colonel Francisco Olive. But he was not allowed to meet the ones who will testify against him

Two kinds of Evidences Endorsed By Colonel Olive to Governor

Ramon Blanco:

1.     Documentary

The Documentary Evidences were

1.     A letter of Antonio Luna

2.     A letter of Rizal to his family

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

4.     A poem entitled kundiman

5.     A letter of Carlos Oliver to an unidentified person

6.     A Masonic document

7.     A letter signed Dimasalang to Tenluz

8.     A letter of Dimalasang to an unidentified committee

9.     An anonymous and undated letter to the editor of Hongkong Telegraph

2.Testimonial

Those "oral testimonies" that was used against rizal were given by those who were interested by ascribing leadership of the revolution of rizal and should not be use against the accused.

The Testimonial evidences were:

1.     Martin Constantino

2.     Aguedo del Rosario

3.     Jose Reyes

4.     Moises Salvador

5.     Jose Dizon

6.     Pio Valenzuela

7.     Ambrosio Savador

8.     Francisco Quison

9.     Timoteo Paez

10.   Deodato Arellano

11.  Pedro Serrano Laktaw

12.  Antonio Salazar

13.  Domingo Franco

Rizal received a letter from a longtime Austrian friend Ferdinand Blumentritt and advised him to offer his services as military doctor in Cuba, which was then in the throes of a revolution and raging yellow fever epidemic.

On December 1985, Rizal sent a letter to Governor General Ramon Blanco rendering his service for Cuba.

It was only on July 30, 1896 when Rizal received a letter from Governor Blanco, accepting his offer.

There was a hidden agenda on why Rizal wanted to be a volunteer doctor in Cuba. Rizal wanted to learn from the revolution in Cuba of techniques and strategies on how to win a war.

General Eulogio Despujol, informed Rizal that he would be shipped back to the Philippines.

Regidor and Lopez dispatched telegrams to an English lawyer in Singapore to rescue Rizal from the Spanish steamer by means of a writ of habeas corpus.

The writ, however, was denied and Rizal remained prisoner in the ship.

Spanish authorities gather evidence against Rizal while some Filipinos who had been recognized at his side were brutally tortured to implicate Rizal.

•           Deodato Arellano

•           Dr, Pio Valenzuela

•           Moises Salvador

•           Jose Dizon

•           Domingo Franco

•           Temoteo Paez

•           Pedro Serrano Laktaw

Rizal’s brother was also arrested and tortured but never said anything against his younger brother.

Review transmitted the records to Don Nicolas de la Pena.
Pena’s recommendations were as follows:
- Rizal must be immediately sent to trial
·He must be held in prison under necessary security
· His properties must be issued with order of attachment
And as indemnity,Rizal had to pay one million pesos
·Instead of a civilian lawyer,only an army officer is allowed
To defend Rizal.
The lawyer of Rizal is Lt. Luis Taviel de Andrade Brother of Lt. Jose
Traviel de Andrade who worked as Rizal’s personal body guard in
Calamba in 1887.

December 11, 1896 Charges against Rizal were read in the presence of his Spanish counsel.

December 13, 1896 Rizal’s case was endorsed to Blanco’s successor, Governor Camilo de Polavieja.

December 15, 1896 Inside his cell at fort Santiago, Rizal wrote the controversial Manifesto addressed to his countrymen.

December 26, 1896 The court-martial of Rizal commenced at the Cuartel de España.

Rizal was tried before a court-martial for rebellion (The founding of La Liga Filipina, an “illegal organization” Whose single aim was to “Perpetrate the crime of rebellion”), sedition (Rebellion which he promoted through his previous activities), and conspiracy (Illegal association), was convicted on all three charges, and sentenced to death. The Case of rizal is turned over to Dominguez and Alocer on December 19, 1896 for prosecution.

2 DAYS after the trial court martial was constituted with Colonel Jose Togores (President) With members Ricardo Muñoz Arias, Manuel Reguerra, Santiago Ezquierdo, Manuel Excribano, and Fermin Rodriguez and Enrique Alocer as the Prosecutor.

The trial started with the reading of the charges against the accused  by Judge Advocate Dominguez. Followed by detailed presentation of Rizal case by Alcocer who calls the members of  Military Tribunal to render a decision of death penalty on the accused.

Alcocer’s argument rest on Rizal founding La Liga which to his mind had something to do with Bonifacio`s revolution. Thus, alcocer’s 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)

After the speech, Taviel de Andrade took floor to present defense of Rizal which is based on the rule of evidence and law applying Penal code of spain in the philippines believing that:

- Prosecution is biased on rizal

- Penalties can be imposed on an accused through: Ocular inspection, confession of the accused, credible witnesses, Expert Opinion, Official documents or conclusive evidences.

None of these is existed-- "Rizal was not guilty of crime charged against him".

Rizal was asked by the judge to advocate if he had something he wants to add up to his counsel.

1.  I am not guilty of rebellion as i even advised by Dr. Pio Valenzuela in Dapitan not to rise recvolution.

2. The revolutionist used my name without my knowledge. If i were guilty, i could escaped from Singapore.

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

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

5. I was not the founder of "La Solidaridad" qnd the associate Hispano-Filipino.

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

Verdict of the Military court was signed by JOSE TOGORES and Submitted to Govt. polevieja.

Judge advocate General said that Rizal is Guilty. Beyond reasonable doubt and therefore should be condemned to death by firing squad at the place and time chosen by the general.