Balik-tanaw: The Situation of the Philippines in the 19th Century

Judicial Situation

Introduction
As a task to research the judicial situation of the Philippines during the 19th century,
during the time of Rizal, he witnessed and experienced discrimination, maladministration of
justice, and how corrupted the justice system was as the Spanish reigned on the Island.

No Equality Before the Law

Equality before the law is the second meaning of the rule of law. According to this
meaning, no man is above the law, irrespective of the person's rank or circumstances. During the
Spanish Regime, Royal Audiencia bestowed the judicial power of the Government -- the
Supreme Court, which consists of the president, four oidores (justices), and a fiscal. The
Audencia exercised both administrative and judicial functions. The Spanish missionaries who
introduced Christianity to the Philippines taught that "all men, irrespective of color and race, are
children of God, and as such, they are brothers, equal before God." The brown-skinned Filipino
and white Spaniards may be equal before God, but not before the law and not in practice. Leyes
de Indias was rarely enforced.

Enforced is the Spanish Penal Code in the Philippines, which carries a heavier penalty for
Filipinos, and lighter punishment for Spaniards. Professor Ferdinand Blumentritt to Dr. Rizal:
"The provision of the Penal code imposing a heavier penalty on the Indio or mestizo irritates me
exceedingly because it signifies that every person not born white is, in fact, latent criminal. This
great injustice seems enormous and unjust for being embodied in law."

Mistreatment of Filipinos during the 19th century is dominant. They are victims of the oppressive
hands of the enforcers of the law. The Spaniards saw themselves at the top of the social hierarchy
and even became stricter with the Filipinos. Likewise, they treated the brown-skinned Filipinos as
inferior beings-- they saw the Filipinos as someone they could exploit or treat like an animal.
Filipinos had to pay high taxes despite their situation and were forced into labor, especially men
ages 16-60. As there were discrimination and injustices towards the Filipinos, most Spaniards
could escape sanctions for their crimes. However, Filipinos could not bring their cases to court
because the process was long and expensive, and the fact that -- justice was only served to the
Spaniards as they had more money and social standing; they were discouraged from fighting for
their rights.

— the 21st century

Filipino discrimination frequently coexisted with prejudice based on race, color, and religion.
However, in the 21st century, every person has the right to exercise their human rights without
discrimination. Every person is equal before the law and is entitled to equal protection of the law
without prejudice. The State values the dignity of every human person and guarantees full respect
for human rights.

Maladministration of Justice
 Maladministration is the action of a government body that causes injustices. The
definition of maladministration is broad and can include: delay, improper conduct, or failure to
take action.

Courts of Justice were corrupt. Filipinos referred to them as "Courts of Injustice." Judges,
fiscals (prosecuting attorneys), and other court officials need to be made aware of the law, corrupt
and incapable. Filipinos could not access the courts because justice was costly and had slow
proceedings. One's social standing, life condition, and skin color prevail in winning the case,
which Filipinos will not succeed. Justice delayed--justice denied. The influential and wealthy
people are the ones that get their justice, and Spaniards can quickly achieve litigation. In some
cases, it took too long to process, and even when one had filed documents or pieces of evidence,
it would be most likely that they would tell that the document was lost or someone had taken it.

In the case of Juan De la Cruz in 1886-1898, he was arrested and jailed in Cavite for 12 years
due to the suspicion that he killed two men on June 7, 1886, without a preliminary investigation
and fair trial. The Americans only found him in his jail after the battle of Manila Bay on May 1,
1898. Another case is when Dona Teodora (mother of Jose Rizal) was accused of attempted
murder when she allegedly tried to kill her sister-in-law with poison in 1871 -- both were victims
of the poor and unjustly system of Spanish.

It is a fact that centuries later, there are still injustices that the people of the Philippines suffer.
The false accusation of murder and attempted murder case of Rachel Mariano and Betty Belen, an
Indigenous woman and human rights advocate, after a report presented by the 81st Infantry
Battalion of the Armed Forces during an alleged encounter between the Armed Forces and the
New People's Army (NPA) in October 2017.

Corruption of the Spanish Friars

Friars are members of a religious order of men within the Catholic church. The Spanish
Friars had control over the religious and educational life of the Philippines, and they became
more powerful and influential than even civil authorities feared them. They could send a patriotic
Filipino to jail or denounce him as Filibusteros (enemy of the Government) to be exiled to a
distant place or executed as an enemy of God and Spain. Fray Miguel Lucio Bustamente, Fray
Jose Rodriguez, and Fray Antonio Piernavija were the evil friars during that time. The friars
even used the word of God to collect and steal the people's offerings.

The friars were the supervising representative of the Spanish Government for all local affairs.
Their approval was necessary for almost all acts of the local officials. Every new governor-
general sought the advice of friars on properly managing governmental affairs. The governor-
general exercised his powers - that he could reward positions in the bureaucracy to his favorite,
he became biased when awarded standings to people he had known, even if they were unfit for
the job in the Government. They can even buy positions as long as they have money. That led to
bribery and corruption on the Island. Aside from the Spanish Friars, some generals and admirals
were corrupt, cruel, and incompetent during the 19th century, and Alcalde is considered the most
corrupt among the other corrupts. In the 21st century, there were still corrupt government
officials, as corruption is still a significant obstacle to good governance in the Philippines.
 References

Abigail Anongos. (2021, April 1). Philippines: False accusations, persecution and imprisonment

of indigenous women. Debates Indigenas. https://debatesindigenas.org/ENG/ns/100-

Philippines-accusations-persecution-imprisionment.html

Almine. (2021a, October 9). Life and works of rizal summary. Scribd.

https://www.scribd.com/document/531082821/Life-and-Works-of-Rizal-Summary#
Cabañero, M. (2020). Chapter 2: THE PHILIPPINE CONDITION DURING THE 19th

CENTURY [Video]. In YouTube. https://www.youtube.com/watch?v=wEv8wleg8f0

Clae. The Ombudsman can investigate complaints made by or on behalf of members of the

public. The Local Ombudsman, 1.

GOVPH. (n.d.). The Supreme Court. Official Gazette of the Republic of the Philippines.

Retrieved January 28, 2023, from

https://www.officialgazette.gov.ph/about/gov/judiciary/sc/

Gridley, Capt. C. V. (n.d.). Capt. Charles Gridley’s report on the Battle of Manila Bay, 1898.

Centennial Website. Retrieved January 28, 2023, from

https://www.spanamwar.com/Gridleyrpt

IWGIA. (2021, May 11). Philippines: False accusations, persecution and imprisonment of

Indigenous women. IWGIA - International Work Group for Indigenous Affairs.

https://www.iwgia.org/en/philippines/4376-philippines-false-accusations,-persecution-

and-imprisonment-of-indigenous-women.html

Job. (2021b). The (11) social evils [Video]. In YouTube. https://www.youtube.com/watch?

v=4nkN9l6DPj8

Rule of Law. (n.d.). Equality before the law. Rule of Law Education Centre. Retrieved January

28, 2023, from https://www.ruleoflaw.org.au/principles/equality-before-the-law/

Your right to recognition and equality before the law. (n.d.). Queensland Human Rights

Commission; Qhrc. Retrieved January 28, 2023, from

https://www.qhrc.qld.gov.au/your-rights/human-rights-law/your-right-to-recognition-and-

equality-before-the-law

Members:
Abenojar, Angelica

Agulay, Beverly

Arellano, Lalaine

Bal-Ut, Sharina

Banezta, Raphael

Calica, Tristan Harold

Canete, Caitlin

Corpuz, Liezel Dianne

Letran, Mariell

Magmoyao, Carla Jayne