 Father Balaguer also shared that before Dr.

Rizal reached
RIZAL RETRACTION 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
Fr. Vicente Balaguer over to Archbishop Nozaleda.

 He is a Jesuit priest who claimed that he conveyed to Fr. Pio Pi

convince Rizal to denounce Masonry and return to
 Father Pio Pi Y Vidal, S. J.
Catholic fold
 Superior of the Jesuits in the Philippines in 1896
 In 1917, an affidavit executed that proves he was who
 Issued an affidavit about his involvement to Rizal’s
solemnized the marriage of Jose Rizal and Josephine
Retraction
Bracken.
 Published the account that he made in Manila in 1909 La
Fr. Vicente Balaguer’s Statement Muerte Cristianadel Doctor Rizal
 Confirmed his account in a Notarial Act signed in
 In December 9, 1896, Father Vilaclara and Fr. Vicente went Barcelona, April 7, 1917
to Fort Santiago and Fr. Vicente conceive that Rizal  His shorter document was accepted by Father Vicente
must make a retraction of errors and a profession of Balaguer.
Catholic faith before ministering the Sacraments to him.
 The Archbishop gave it to Fr. Vicente the formula of Fr. Pio Pi’s Statements
retraction and profession of faith written by Father Pio Pi
 The fathers in the chapel received a letter for them to
 According to Rizal, his rule of faith is the word of God that
accept and took care of Dr. Rizal who is considered a
can be seen in the sacred scriptures.
convict back.
 Rizal declared himself as a rationalist freethinker.
 The fathers followed what is written in the letter not
 “Father, do not proceed. That style is different from mine. I
because they are from the higher office but because
cannot sign that because it should be understood that I
they want to save the soul of Dr. Rizal who is their most
am writing it myself.” –Rizal
eminent and beloved pupil.
 “That style is simple as mine. Don’t bother, Father, to read
 Father Pio Pi hasn’t visited nor talk to Dr. Rizal while he was
it all. Dictate what I ought to profess and express, and I shall
staying in the chapel before accompanying him by the
write, making any case some remarks.”
other fathers to the Bagumbayan.
 The retraction was signed together with Rizal by Senor
 The Bagumbayan is the place of execution of Rizal.
Fresno, Chief of the Picket and Senor Moure, Adjutant of
 Dr. Rizal had a long and very meaningful conversation
Plaza.
with Father Balaguer.
 Father Balaguer testify that on the very day of Rizal’s death
 Rizal surrendered willingly and completely to his faith with
he wrote everything and preserved the account that serve
the lord and the Christian sentiments
as the data of presentation of his narration.
 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
Commonwealth Government
 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.
 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.

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.

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
4. Sovereignty – supreme power of the State to command
and enforce obedience to its inhabitants.
Internal manifestation – authority of the state to rule within
its territorial jurisdiction
External Manifestation – Freedom of control of other states
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
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
2. Elective or Popular – administrators are chosen by the
people
C. According to the distribution or concentration of
governmental powers
1. Unitary or Centralized –central government or majority
party in power
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
refers to the body of rules and principles 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