7 February 1891

Calamba

Attorney of the defendants – Convinced of the justice of the case – Interesting account of the case – The technique of the defense – Incidents which excited the authorities – Most lamentable condition of the property of the Rizal Family – The Governor offers his help – Suspension of judgment for six months – For a conciliatory formula – Bases of a settlement – Power of attorney given to Mr. Yriarte.

* * *

Calamba, 7 February 1891

MR. JOSE RIZAL

I am writing you in the house of your good sister Sisa after conferring with your very dear and respectable parents and also after hearing the opinion of your good fellow townsmen, worthy of a better lot, to whom I owe the honor of staying in this house for the defense of the lawsuit with the Dominicans. The incidents that occurred complicated the case and I had to come here to see for myself the situation and talk with the persons involved in so difficult as well as delicate question.

Your fellow townsmen requested me towards the end of December to defend twelve men indicted for dispossession. Convinced of the justness of their plea, I accepted their defense with the proper frankness and loyalty of my profession. I was also counting on the support of the Audiencia because this is now functioning as the Supreme Court, and I had called the attention of the justices that Mrs. Petrona Quintero and Mrs. Petronila Albiar have been summoned and indicted without marital consent, being, as you know, married women. At the trial my clients were attended by Mr. Juan P. Tagle, my friend, and the only man with courage to face the danger that you do not have there, but which we all have here in abundance, making many men timorous and unfortunate those who rush against it.

Tagle brought with him my written instructions and was going to read them during the trial, but at the request of the opposing party, the judge denied Mr. Tagle that form of exposition, because he says that everything must be in spoken word in an oral trial, as if reading what is to be said is not to speak orally. The law prohibits the presentation of beliefs in due form but not oral exposition for reading as it necessarily had to be done for a referee who is not a lawyer.

Through the procurator Arquiza I presented in an opportune time a petition for the nullity of the summons to the married women mentioned above for lack of marital permission. The judge rejected the briefs alleging that he had already decided the matter before their presentation. This is false because the opposite is recorded in the notes of presentation and can be proved also by the receipts issued by the clerk of court.

At once he made known the decision through the court rooms the accused not being absent.

For this reason I presented again a petition for the nullity of the decision for the error in its publication, because it is proven by the date of the presentation of the first brief for nullity on 8th January. As the nullity has a previous and special character, the judge’s decision could not have been published on the 9th, because the principal proceedings have been suspended since the said day of the 8th.

I asked for the restoration of the decree denying the brief of nullity, and after great distress and extraordinary efforts and exhausting all resources with the efficacious cooperation of Mr. Govantes [Pedro], I succeeded in convincing the judge not to reject again this new petition and I delivered the writ of proceedings to Mr. Vicente Reyes so that he may take note of the sentence.

I breathed freely on the 22 January . . . for on that date the judge handed down the sentence confirming the new petitions.

The opposing side used two extraneous happenings to stir the minds of the authorities.

I refer to the fatal coincidence of the crime committed in the Procuracion of the Franciscans with the unfavorable nullification in the Supreme Court of the case of Nicsio Esagani.

The Dominicans spread the news of their victory throughout the town and their partisans, the Lucas and Eusebio, frightened your fellow townsmen.

The same men took to the Hacienda house Mr. Vega, the director general, who lost no time in recommending to the governor and other officials who called on him a greater zeal for the cause of the Dominicans.

With these circumstances and without waiting for the decision on the pending complaints, they summoned thirty-one other persons for the 3rd of this month. Your fellow townsmen brought them also to me and I accepted likewise their defense. I note that despite the care exercised by the opposing side including in the citation the husbands of the women, they committed again their former error in the case of Martina Alcaraz, wife of one Agapito and sister of Pascual Alcaraz.

Perchance it may occur to you to ask why, as a lawyer, I give more attention the question of form rather than to that of substance. This is a natural curiosity and I am going to satisfy it now rather than later because it is better to do so for a complete understanding of my conduct.

The question of substance in this litigation is a legal chaos. The friars cannot justify their ownership of the lands in Calamba, but neither can your fellow townsmen prove their right to them. What is true is the historical fact of the lease and the narrow patterns of the common laws allow the opposing side to petition the judge, first, for the implementation of the order of dispossession and second, or afterwards for the decrees of ownership. This is my private opinion, not yet decisive, because there is no clear law on my opinion nor on the contrary. In view of this, I have attended more to the weapons of form because with them I can forestall for many months the course of the principal proceedings, gaining time, so that my clients can harvest their crops, so that the oppressive atmosphere already alluded to may be dispelled, so that over there they may have a change of government, and so that slowly I can be informed of so complicated a case and gather historical data of convincing probatory force that I can use inn replying to the complaints.

As I have said before, and going back to the principal purpose of this letter, on the 3rd, the day designated for the trial, I petitioned the judge for the suspension of the trial already begun by a reading of the complaint, after an understanding with my clients, Arquiza, and Vicente Reyes. I asked for it not in behalf of my clients but in my own, offering myself to search within six months for a solution useful and practical to all.

I wished to show through my attitude that I and my clients were not the promotes of the litigation – the principal charge that the friars had imbued in the minds of the authorities – and that on the contrary we desire nothing more than peace within the law. I succeeded to create in the minds of all the desired effect. I have come to this town with the object of feeling at close hand the real and true state of things.

My impressions are the saddest. I should like to spare you the bitterness of knowing them, but the need on one hand for you to know the true situation and on the other the demand of your estimable family and fellow townsmen compel me to report to you all that I have seen and heard without comment, leaving to your good judgment to make it.

Your old parents, sisters, and nephews are all in good health. The first received me tearfully for they already knew me as a friend in youth of your brother Paciano, my unfortunate and most dear Paciano. Tears also welled in my eyes, and this brief but intense moment having passed, we began our intimate conference.

I say nothing about your brother-in-law who with Paciano are in exile in Mindoro. They are all well, according to the latest news brought by your cousin Ticio. I have already written three letters to my friend and received one from him, which I am enclosing.

I say nothing about the loneliness of your parents and sisters though I must say your sisters are courageous, strong, and most worthy sisters of you.

But I must tell you about the condition of your property which is most lamentable, for your parents being old, your dear sisters having their own interests, the loyal ones to Paciano being constantly excited, these resources of wealth and well-being are completely abandoned and soon will turn into forests and parasitic brambles because of their own fertility.

Your fellow townsmen, broken by fatigue and penniless, intimidated besides by the new incident and occurred at the provincial capital in the afternoon of the trial which ended in the imprisonment of one Fausto, clerk of the notary, who, becoming enthusiastic about the insignificant speech that I delivered during the trial, went out announcing it through the streets and squares of the town. The opposing party took advantage of his act and denounced him as a filibuster to the governor and all of us were almost thrown into jail had it not been for Mr. Yriarte who placed himself unconditionally on our side and thanks also (pardon by lack of modesty) to my energetic attitude denying the suspicions of the governor and offering to give myself up as prisoner wearing my toga and soliciting at once the drawing up of administrative proceedings or a military council as suggested by a commandant of the Civil Guard, who came here to watch me on the 4th when I called on your parents for the first time. As your fellow townsmen, I repeat, were already weakened, with our strength, and without money, I decided at once to seek the postponement of the trial. In order to win the opposing party to our side, I proposed a settlement through the mediation of Mr. Francisco Yriarte who offered to us his services generously and unconditionally which I accepted because I knew that he did nothing without the advice of Mr. Vicente Reyes.

The governor was extremely pleased with such an attitude and offered his cooperation.

Your parents and fellow townsmen, after three days, approved the enclosed bases and also a copy of the power of attorney granted in favor of Mr. Yriarte. After you have read them, you will be convinced, in my opinion, of the little advantage that I can get as a lawyer, considering the facts already stated.

I have no hope of getting anything. On the contrary I believe the lawsuits will come soon. Whether the intervening period be 15 or 30 days, it will always be a respite during which my clients can devote their time to harvesting the crops (the evil-intentioned opposing side has precisely timed the filing of the order for dispossession with the harvest season) and rest and renew their strength for the coming struggle. (Though by what I see and observe, they are already completely exhausted)

As for me I also need to rest, for I have spent more than a month working alone on this case, so difficult not only for the questions of law involved but for the ease with which it is complicated with other matters and the malice for the opposing side which keeps us on the alert for all kinds of details and circumstances that may arise. It is indispensable to have considerable tact to guide this affair.

Thanks to my prudent precautions (pardon again this new lack of modesty) I have already achieved two principal objects:

1st. to change the attitude of the governor and other officials towards my client. They have already removed Captain Lucas, replacing him with First Lieutenant Procopio Pabalan and ordering the Civil Guard to refrain from taking harsh measures and ordering the court to furnish me with all kinds of aid as its agent to seek an agreement with the dissidents of the neighborhood. Here at the stairway of the house of your sister Sisa a lieutenant has been placed at my disposal, but whom all my clients utilize except me, for I have not asked one for myself but for them in order to reestablish their prestige in the town that had been lost and destroyed by the iniquities of Monpeion, Lucas, Eusebio, and Aviles. May God punish them all.

I have found Mr. Leopoldo Molano, who is governor of this province, very noble, loyal, a gentleman, and lover besides of the people when they are right and just, impressionable as a newcomer, but easy to undeceive, because he listens. I say this because all the Spaniards here tell me that had it been Monpeion, I would now be in jail for my energetic attitude on the 4th, an attitude which cleared the atmosphere created by the Fausto incident. He also saved immediately this man from the danger facing him.

It is needless to tell you about the panic that spread throughout the provincial capital and this town, but everything now is calm, and it can be said that since yesterday, the 6th, when I came for the second time, we breathe peace and quietude. I have taken advantage of these few moments of rest to write this troublesome letter, written hurriedly to reach Manila on time for the mail boat sailing on the 10th.

Summary:

Suspension of all the lawsuits.

The clients are rested.

Atmosphere cleared.

Your parents and my clients are satisfied with removal of Lucas from the court.

Yriate with power to deal with the Dominicans subject to the bases attached to the power of attorney.

Ah! I have forgotten to tell you that Mr. Molano has made a special statement that he would not follow the harsh measures used by his predecessor without proven facts and due process of law; that he offers his services to your parents whenever they may need them; that he has tried to appease the minds of the officials to undo the impression created by the news of disloyalty against your family; and that he offers you all kinds of security from there to here if you wish to come to your country. He has also promised to pay your parents a visit on the day that I shall tell him.

Here is all that I have accomplished in one month’s work in favor of my clients, your parents, and fellow townsmen.

This is still little for what the unhappy ones deserve in justice and for what I owe them for their affectionate attitude towards me, and for how well they pay me. But I have already used all my resources and the little intelligence that God has given me in handling lawsuits.

FELIPE BUENCAMINO

Pardon me that for lack of time this letter should have amendments. On another occasion I will write you better.

A favor. An embrace for my brother-in-law Abreu and may he study hard to avoid the mockery of returning here just as he left.

Bases

Liberation of the center of the town, recognizing each ones as owner of the lots occupied by their houses, warehouses, and orchard.

Examination of the titles of property and unconditional acceptance of the unanimous opinion of three lawyers appointed with the approval of both parties. In case of disagreement, another three will be appointed and the opinion of two of them will be deciding.

Authorization . . . . . . (missing) so that they can occupy temporarily their houses and lands, agreeing to give them up immediately if their negotiation should fail.

Equitable conditions of lease if the titles should be found legal.

Settlement of accounts until the date of the negotiations.

The costs will be divided equally between both parties. Calamba, 6 February 1891.

Special power of Attorney

In Calamba, a town of this province, 6 February 1891: before me Mr. Procopio Pabalan, First Lieutenant of the same and accidental gobernadorcillo by permission of the landlord, acting with my witnesses who are listed below, appeared the principales[1] Mr. Francisco Rizal Mercado, Mr. Luis Habana, and Mr. Nicolas Llamas, all ex-gobernadorcillos, Mr. Maximo Ustaris, Mr. Basilio Aguilar, and Mr. Aquilino Gecolea, all present Heads of Barangay,[2] each with personal certificate, expounded: that they as principals know their neighbors and originators of their summons, that those present are involved some in pending lawsuits and others obstructed in the Court of First Instance of the province, and administrative reclamation before the Civil Governor of the same province concerning dispossession, property, and ownership of all the lands and lots within the jurisdiction of Calamba with the representation of the Most Holy Rosary of Manila and counselled and admonished in the first place by the Civil Governor. Of this province Mr. Leopoldo Molano and in the second place by other respectable persons to bring about a reasonable and equitable compromise between both parties, and taking advantage of the generous interventions offered them by His Excellency Mr. Francisco de Yriarte,[3] inspired by true Christian charity which has always characterized before and now the actuations of His excellency, for themselves and in the name of all their fellow townsmen grant him ample and sufficient powers and whatever is necessary by law so that in conformity with the bases attached here to he may bring action, negotiate, and conclude the desired compromise with the representatives of the Dominican fathers expressly and specially authorizing him to submit the said compromise for approval to Mr. Leopoldo Molano, Civil Governor of this province, that they may proceed to its registration and implementation. They also authorize him to transfer this special power to the person or persons he may choose and as many times as he wishes to do it.

They bind themselves life and heart to His Excellency Mr. Francisco Yriarte for his fatherly intervention in this difficult case, as much for the importance of the litigants as for the magnitude of the subject involved, not doubting that the said gentleman will work in their favor with the love, zeal, and charity characteristic of the Spaniards, as he has demonstrated during the eleven years that he was the beloved chief and governor of this province, binding himself to adhere to the clauses of this power of attorney.

They ratified the contents of this public instrument after Attorney Felipe Buencamino has explained it literally and wholly to them, all signing it after the Gobernadorcillo, which we hereby certify.

03-602 [Reformists]