Assignment in Comparative Human Rights Law

Session 1
PHILIP II and the “PHILIPPINE REFERENDUM of 1599” – Fr. Villaroel
Chapter Summary
Submitted by
Joselito C. Manuel

Villaroel’s Essay tells us the story of how Dominican Friars have convinced the then King,
Phillip II to give the Filipino natives whether they will submit to Spanish authorities as their
sovereign, and to the Spanish Friars are their religious leaders.

This stemmed out according to Villaroel of the belief of the Dominicans, as well as other
religious orders that travelled here in the Philippines with Legaspi that indigenous inhabitants have
some form of human rights inherent to them. He further discussed that this outlook came from
Vittoria at the start of the Spanish conquest in the early 15th century in the Americas where the
encomienderos resorted to force and violence to enforce the title given to them to exact tributes
and taxes. According to Vittoria, natives should be accorded their right to refuse or accept the
conquest. Affording them some form of human rights. No violence, force, threat or intimidation.

Villaroel is saying that Legazpi and the Augustinian missionaries came to the country armed
with requerimentos and the principles of Vittoria and Las Casas. That natives, instead of being
forced into submission, should be given a choice. In Villaroel’s word, Herrera castigates the abuses
of encomienderos for many acts of violence and force. He even claimed that the Spanish friars at
the time, led by Salazar, where very much troubled with the happenings and ‘burning problems’ of
violation of human rights then. At the synod Salazar created, the right of conquest (possession) of
King Philip II over these Filipino islands was debated, so far as being on record as to denounce such
right. “The right to preach the Gospel does not legitimize a conquest through force.”

According to Villaroel, on record, the referendum ordered through the royal cedula by King
Philip II was read and approved (agreed?) to be execute in Manila last August 5, 1598 but it took
months after to be executed by the Alcaldes. Understandably, Villaroel said as there is no social or
mass media then. His is saying that while some of the report may be valid, there are also
inaccuracies in the report, not mentioning the violent oppositions. However, the report
undoubtedly was positive and the referendum, very well done.

Villaroel in his final considerations never doubted the authenticity of the remaining records.
However, he wondered whether the submission was in present terms, was through force, threat, or
intimidation. Perhaps even violence.

He also mentioned that it was the Dominicans, while the other orders keep silent, where the
prime movers of this supposed referendum giving freedom and human rights to indios, naming
Salazar as an inspiration and Benavides as the mover and shaker and gave them both exclamations
for its ‘resounding success’.

In his words, “the Philippine referendum of 1599, even though not significant for the rest of
the world, was a remarkable event for the Philippines that all promoters of human rights today
should not fail to applaud.”