A DECONSTRUCTION OF RA 1425 AKA RIZAL LAW: A FEMINIST APPROACH

I. It was Simoun, the protagonist from Jose Rizal’s novel El Filibusterismo, who said
“…while a people preserves its language, it preserves the mark of its liberty, as a man
preserves his independence while he holds sway to his own way of thinking. Language is
the thought of the people.”
If language is the thought of the people, then how does it reveal our thoughts about
women? This paper aims to deconstruct RA 1425 aka Rizal Law in applying the feminist
lens to determine how it shapes our mentality towards women, their values and ideals, as
expressed through the writings of Jose Rizal. This paper tackles on the purpose of the
above-mentioned law, the ideology of its authors, and its direct effects to society.
D.This movement emerged in the the mid 90’s by French philosopher Jacques
Derrida as a tool in unravelling hidden implications in the interpretation of texts. Though
philosophical in nature, this lens was mainly used by lawyers as a practice commonly
known as the ‘inversion of hierarchy’ which identifies laws embedded with thoughts that
constitute the ideologies of the state. Hence, the laws that the state upholds are the ideas
the state embodies (Balkin). 1987 Deconstructive Practice and Legal Theory J. M.
Balkin

https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?referer=https://www.goo
gle.com/&httpsredir=1&article=7061&context=ylj

Deconstruction allows the researcher to extract these thoughts from the law, examine
it, and determine how and why these laws were promulgated.
F.In legal studies, feminism is understood as the movement wherein laws are
revealed to be inherently patriarchal and detrimental towards women. The aim of
feminism is not to make women more favourable in legal institutions, but to avoid being
neglected in provisions of the law (Patterson).
Feminism and the Women's Movement in the Philippines:

Struggles, Advances, and Challenges

Mylene D. Hega, Veron and Meggan S. Evangelista

https://library.fes.de/pdf-files/bueros/philippinen/14072.pdfica C. Alporha

FIPH. The history of feminism in the Philippines could be traced back as early as
pre-colonial times where women were bestowed the title of ‘babaylan’, the spiritual leader
of a ‘balangay,’ of equal footing with the datu, and were in charged with handling
ceremonials. The babaylan were also considered healers and astrologists, being
regarded with due respect and of high importance in their own tribes (Hega et al., 1)
However, the arrival of the Spaniards drastically changed their standing. They first
eradicated the system of babaylans, claiming them to be of dark magic and contrary to the
Christian faith. The influence from the Spaniards and their religion transformed women’s
role in society (Camagay qtd. in Hega, 2).
 Despite of colonization, it should not disregard the resilience of the spirit of Filipino
women as it continued to manifest throughout history.
According to Camagay, during the Philippine Revolution against Spain (1896-1898),
it was the women who led the Asociacion Filantropica dela Cruz Roja: an important
association, collecting funds, aided the revolution, and treated the soldiers (2). And on
April 30, 1937 the women’s right to suffrage was approved in a plebiscite with a record of
90% affirmative votes (Quindoza-Santiago qtd. in Hega, 3).
The above-mentioned are only but a few examples of the spirit of the Filipino women
throughout the centuries. These traits are lodged on not just in the hearts of the people but
also in the laws of our country. It is important to study how our laws reflect the ideas we
have towards the light of our family - to the women of our society.
In the deconstruction of RA 1425, this paper will determine how this law configures
our views and attitude towards the women of our country; specifically, why Jose Rizal’s
teaching and written works should be promulgated as an essential part of the system of
our laws.

SaL.The scope of this paper focuses on the deconstruction of RA 1425 published in the
Official Gazette, Vol. 52, No. 6, p. 2971 in June 1956.
The limitations of this study is the determination of feminism portrayed in the written
works of Rizal.

DGP. The data gathering procedure of this study involves two phases: (1) author, history,
and purpose of RA 1425 and (2) feminist views on Jose Rizal’s novels Noli Me Tangere
and El Filubusterismo
II. DP,An,andIN
Author, History, and Purpose of RA 1425. The author of this law is Claro M. Recto,
considered as the “Great Academician” by the prominent people. In 1935, he was
appointed as a jurist, and as an Associate Justice of the Philippine Supreme Court. He
was regarded with equal footing to any international lawyer. He is also a remarkable
debater, one of his own famous debates was against the Attorney General of the United
States. They contended on ownership of military bases in the Philippines (Britannica).
A proper historical context of this law could be traced back during the occupation of
the American. It was the that Rizal’s death anniversary was made an official holiday. On
February 1, 1902, the Philippine Commission enacted Act. No. 345 which set December
30 of each year as Rizal Day, and made it one of the ten official holidays of the Philippines.
Years later the Rizal National Centennial Commission was created by Executive Order No.
52, issued by Pres. Ramon Magsaysay on August 10, 1954 to undertake the construction
of a National Cultural Shrine and other memorials to be dedicated to Jose Rizal. And the
subsequent years, our national hero’s vast role in the attainment of the nation’s freedom
led to the issuance of Republic Act 1425 on June 12, 1956 (Palaflox).
HISTORICAL CONTEXT AND LEGAL BASIS OF RIZAL DAY AND OTHER MEMORIALS IN HONOR OF JOSE
RIZAL

By: Quennie Ann J. Palafox

http://nhcp.gov.ph/historical-context-and-legal-basis-of-rizal-day-and-other-me
morials-in-honor-of-jose-rizal/

In order to fully grasp the purpose and meaning of the enactment of the law, below is
the introductory statements of RA 1425:

“WHEREAS, today, more than any other period of our history, there is a need for a
re-dedication to the ideals of freedom and nationalism for which our heroes lived and
died;

WHEREAS, it is meet that in honoring them, particularly the national hero and patriot,
Jose Rizal, we remember with special fondness and devotion their lives and works
that have shaped the national character;

WHEREAS, the life, works and writing of Jose Rizal, particularly his novels Noli Me
Tangere and El Filibusterismo, are a constant and inspiring source of patriotism with
which the minds of the youth, especially during their formative and decisive years in
school, should be suffused;

WHEREAS, all educational institutions are under the supervision of, and subject to
regulation by the State, and all schools are enjoined to develop moral character,
personal discipline, civic conscience and to teach the duties of citizenship; Now,
therefore,…”

What we can deduce from the above information is that purpose of the law was to
reintroduce to the coming generations the ideas of nationalism our heroes embodied,
specifically by Jose Rizal, as stated in the first and second paragraph.
The remaining paragraphs above specifies the works and writing of Jose Rizal
particularly in his novels Noli Me Tangere and El Filbusterismo to be great sources of
nationalism in which should be inculcated in the minds of our youths and thus be
implemented throughout all institutions of education in our country.
 It is to be noted that noble is the purpose of the legislators however it must also be
ascertained whether they were mindful of how the impact it would have to the women of
our country.

Feminist Perspective of Rizal Law

To scrutinize the law, we must first observe its contents as presented in the following
sections below:
“SECTION 1. Courses on the life, works and writings of Jose Rizal, particularly his
novel Noli Me Tangere and El Filibusterismo, shall be included in the curricula of all
schools, colleges and universities, public or private: Provided, That in the collegiate
courses, the original or unexpurgated editions of the Noli Me Tangere and El
Filibusterismo or their English translation shall be used as basic texts.

The Board of National Education is hereby authorized and directed to adopt forthwith
measures to implement and carry out the provisions of this Section, including the
writing and printing of appropriate primers, readers and textbooks. The Board shall,
within sixty (60) days from the effectivity of this Act, promulgate rules and
regulations, including those of a disciplinary nature, to carry out and enforce the
provisions of this Act. The Board shall promulgate rules and regulations providing
for the exemption of students for reasons of religious belief stated in a sworn written
statement, from the requirement of the provision contained in the second part of the
first paragraph of this section; but not from taking the course provided for in the first
part of said paragraph. Said rules and regulations shall take effect thirty (30) days
after their publication in the Official Gazette.

SECTION 2. It shall be obligatory on all schools, colleges and universities to keep in

their libraries an adequate number of copies of the original and unexpurgated editions
of the Noli Me Tangere and El Filibusterismo, as well as of Rizal’s other works and
biography. The said unexpurgated editions of the Noli Me Tangere and El
Filibusterismo or their translations in English as well as other writings of Rizal shall be
included in the list of approved books for required reading in all public or private
schools, colleges and universities.

The Board of National Education shall determine the adequacy of the number of
books,depending upon the enrollment of the school, college or university.

SECTION 3. The Board of National Education shall cause the translation of the Noli
Me Tangere and El Filibusterismo, as well as other writings of Jose Rizal into English,
 Tagalog and the principal Philippine dialects; cause them to be printed in cheap,
popular editions; and cause them to be distributed, free of charge, to persons
desiring to read them, through the Purok organizations and Barrio Councils
throughout the country.”

MADONNA AND THE MADWOMAN: ON THE WOMEN OF JOSE RIZAL’S

CLASSIC NOLI ME TANGERE
ANGEL CRUZ03-09-17
https://bookriot.com/2017/03/09/madonna-madwoman-women-jose-rizals-classic-noli-tan
gere/
The men of Noli are numerous and loud, dominating most chapters effortlessly. Much
of the “intelligent” discourse is also granted to them by Rizal. The first few women we see
in the novel hint at the kind of women prized in this colonial society: soft-spoken (if they
speak at all), devout attendees at mass, subservient. but it is when Maria Clara comes
into view that we see just how Rizal himself values these same qualities. Maria Clara is an
angel or a saint or both, an almost unreal presence in the novel,
She was white, perhaps too white. Her eyes, which were almost always cast
down, when she raised them testified to the purest of souls, and when she smiled,
revealing her small, white teeth, one might be tempted to say that a rose is merely a
plant, and ivory just an elephant’s tusk. Among the transparent lace around her white
and sculpted neck fluttered, as the Tagalogs say, the sparkling eyes of a necklace
made up of precious stones.
It’s Maria Clara’s beauty that defines her for almost the entire novel, her purity and
innocence a close second. Always, she is in white or wearing white accents, pale against
the lacy fabrics of her gowns. The reader is reminded of her pious nature several times
over:
In stark contrast to Maria Clara’s aristocratic, fragile portrayal is Sisa, poor mother of
Basilio and Crispin. Where Maria Clara’s thoughts are portrayed as unknowable, fragile,
Sisa’s are painfully “common.” She is not granted the rapturous descriptions given to
Maria Clara. She is brown, as most Filipinos are. She is concerned with her survival and
that of her two sons. Sisa has no spare moment to kiss saints and no spare pesos to buy a
saint to kissMaria Clara is mentioned often in the same paragraphs as saints and holy
figures, and the reader’s mind responds, drawing unconscious parallels between them.
Sisa’s scenes are much more banal, and yet they build up to her madness after her sons,
accused of stealing gold, disappear in the local church. This isn’t to say Maria Clara’s fate
at the end is as sunny as her start, but Sisa suffers and she doesn’t do it beautifully. But
we still see the effects of the Maria Clara/Sisa dynamic today in how pale-skinned Filipina
women populate the entertainment industry, in how the Filipino church can so easily
abuse its poorest devotees, in how Filipino women grow up hearing “Dapat mahihin ka,
katulad ni Maria Clara” (You should be meek, like Maria Clara”) and not a word about
Sisa’s unending love for her children. We see how deeply this dynamic has seeped into
Filipino consciousness, reinforcing the same colonial ties that Rizal had attempted to cut
just over a century ago. Madonna and madwoman alike, neither is left with true agency at
the end of the day.

Questioning the Status of Rizal's Women in Noli Me Tangere and El Filibusterismo Paulette M. Coulter
University of Guam
https://www.uog.edu/_resources/files/schools-and-colleges/college-of-liberal-arts-and-soc
ial-sciences/coulter-rizal-women.pdf
His female characters appear more as stereotypes than archetypes and can be
discussed within several broad categories: the good mother (Narcisa), the virgin (Maria
Clara, Juli, possibly Paulita Gomez), the harridan (the commandant's wife), the social or
religious fanatic (Doña Victorina and Doña Patroncino), for example. In nearly every case,
however, the individual woman is an exaggeration of an already exaggerated conception
of womanhood, with its origins in the work of the Spanish friars.
In his essay, "The Friars in the Philippines," James A. LeRoy, writing in 1903––less
than a decade after Rizal's death, barely more than a decade after the Fili was published–
–comments, "The status of women has long been higher among the Filipinos than ever
yet anywhere else in the Orient; to the friars' introduction of Christianity belongs the credit"
(663).
While E. San Juan, Jr., in the essay and book "Sisa's Vengenace: José Rizal & the
'Woman Question'" states that "Opposing the confinement of women to devalued and
debilitating reproductive labor—the expenditure of time and energy in providing nurture
and socialization for dependent offspring—Rizal seeks to install women as citizens equal
to men in exercising personal autonomy and sympathetic concern for others" (last
sentence of website excerpt), he provides no evidence to support this statement.
Contrarily, Sarah Coulter, in an unpublished essay, argues that Maria Clara and Sisa, in
particular, are so constrained by the patriarchal ideology of womanhood that they both
abandon or relinquish their position in society: Maria Clara by entering a convent (Noli
422)––where the reader in the Fili learns she dies (207)––and Sisa by going crazy (Noli
133). In the Fili, similarly, Juli/Huli commits suicide rather than yield to Father Camorra
(266).

SECTION 4. Nothing in this Act shall be construed as amendment or repealing section

nine hundred twenty-seven of the Administrative Code, prohibiting the discussion of
religious doctrines by public school teachers and other person engaged in any public
school.

SECTION 5. The sum of three hundred thousand pesos is hereby authorized to be

appropriated out of any fund not otherwise appropriated in the National Treasury to carry
out the purposes of this Act.

SECTION 6. This Act shall take effect upon its approval.

Approved: June 12, 1956

Published in the Official Gazette, Vol. 52, No. 6, p. 2971 in June 1956.