Human Rights and Justice AngIssues Wika in the sa 16th Pampublikong Century Espasyo ...... 1111 Philippines San Beda College San Beda James Loreto C. Piscos, Ph.D. James Loreto Justice, Human Rights, Evangelization, Colonization, Colonization, Evangelization, Human Rights, Justice, In the 16th century Philippines, the marriage of theIn the 16th century the marriage Philippines, he issues of human rights and extra judicial killings have have killings judicial extra and rights human of issues he been lingering the contemporary Philippine society. Keywords: Keywords: Since the King showed interest in protecting the rights of the in protecting interest showed the King Since The early Spanish missionaries in the 16th century Philippines were in the 16th century missionaries were Philippines Spanish The early Abstract: Abstract: Bishop Domingo Church, Labor, Forced Slavery, Legitimacy Tribute, of the Conquest, Salazar, Bartolome Encomenderos de Las Casas, Vitoria, and missionary undertakings grappled to persuade the Spanish Royal Royal the Spanish persuade to and missionary grappled undertakings human rights and on the disputed stand their respective take to Court on the legitimacy slavery of the conquest, issues andjustice tributes, labor. forced employed in the islands. The relationship between the Spaniards and between the Spaniards in the islands. The relationship employed between a monolithic relationship to be reduced cannot the natives within the should be viewed dynamics The power the two races. the including in the discourse engaged were who of groups plethora adelantados, encomenderos, bishop of , governor-general, indios. the common leaders and even native orders, soldiers, religious Given the canvas of conflicting motives, the proponents of conquests that ignited them to confront their civil counterparts who were after after were who counterparts their civil confront them to that ignited of their at the expense of the natives and resources the wealth getting dignity and rights. and personal reports procedures, used legal Indians, Churchmen in the systems changes create to Court in the Royal testimonies Church and the State was the dominant set-up by virtue of Spain’s virtue of Spain’s by set-up the dominant was State and the Church and administrators Civil and evangelization. for colonization quest of the king. In the will cooperate to called were missionaries church of friction because also the area was of contact their point most cases, of their opposing intentions. influenced by the teachings of Bartolome de Las Casas and Vitoria T Human Rights and Justice Issues in the 16th Century 16th Century in the Issues Justice and Rights Human There There are news about police brutalities be it individuals due to drugs or petty crimes. The Human and Rights disappearance of Introduction Nibalvos...Piscos... onr tee ee uh eae bten h conservative the between debated much were these country the in colonization and evangelization of beginnings the during Watch World Report 2017). Rights (Human increasing is number the 4800 and killed were estimated people an that revealed 2017 in Report World Watch ofrne fo te w get atr. h mmras and memorials The with them Worldupdated New the in masters.working those from letters great two the from conferences and discussion dialogues, through trained were and Salamanca, (b.1486; d.12August 1546). Vitoria Francisco Salamanca, of University the at theologian and ca. August 1474; d.ca.17 July 1566), and the progressive professor (b. Casas Las de Bartolome rights, human for fighter popular the of followerswere them of Most Europe. in landscape intellectual wereadvocates werewho justice developedof changing fromthe The Influences ofFrancisco Vitoria andBartolome deLasCasas was powers of clash the inevitable amongthekey figures intheChurch andtheState. evangelization, and colonization of the In conscience. midst of finding justification and purpose scrupled of the two-edged sword their assuage to and islands the of invasion the refute to arguments convincing find to had Church The rights. and dignity human of violation with wrought was it since Spaniardsmany of conscience the evangelizationdisturbed also thearea offriction. were administrators ecclesiastical tocalled cooperate wascontact of Their point king. the of will the and civil for quest Both the dominance. in converged evangelization lines and opposing colonization The of evangelization. and colonization for quest Church and the state was the dominant set-up by virtue of Spain’s oppressed natives. the defending leaders religious progressive the and wealth, and booties needed their get to wanted who authorities civil Spanish Human rights and justice issues aretopicsevenissues new since justice rights not and Human ot al msinre cm fo te nvriy of University the from came missionaries early Most and colonization with associated issues justice The 1 Philippines the in evangelizers church century 16th The the of marriage the Philippines, century 16th the In Donovan, “Las CasasBartolome” ELAHVol. 3,1996,p.385. 1 12 Human Rights and Justice AngIssues Wika in the sa 16th Pampublikong Century Philippines Espasyo ......

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2 This means that he acknowledged the character 1 Gutierrez, Domingo Salazar, 2001, pp. 10-11. 2001, Domingo Salazar, Gutierrez, and Conquest of America, 1938, p. 71. Munoz, Vitoria Cabezon, An Introduction to Church and 1996 p. 429. Vol.5 State de”,ELAHC Francisco “Vitoria, Burkholder, Relations According to Francisco 2 3 4 5 In the University of Salamanca, every year a theology De Indis Prior examined the illegitimate title of the pope as

Vitoria Vitoria was considered as the father of international law The first debated subject that affects the issue of justice was Vitoria,1964 p. 23. Vitoria,1964 having having universal temporal authority as well as the authority readings readings that pointed I to Indis De the the conquest were These in Spain. of America Court which Royal stirred the in controversies belli (1538/39). II or De Jure or Prior (1537/38) and De Indis 1526 to 1546. The records showed that Vitoria had 13 Relectiones. Relectiones. 13 had Vitoria that showed records The 1546. to 1526 However, what caught the attention of scholars were the two problem problem of public concern as part of the statutes ordained by the to as institute. meaning This “Relectiones” referred readings. was Vitoria was a prima (senior) professor in this university from ministry of the Holy See. ministry of the Holy professor should give an extra lecture for two hours on any was contrary to the authors of the medieval times who thought of of thought who times medieval the of authors the to contrary was the under or property mere a as power public and society political of civil power as should complete It purpose. immediate own and its to directed and perfect independent in itself, self-sufficient, that idea an Church, the of authority spiritual the from distinct be accordance accordance with what is morally right. For him, mutual dealings among states should be based on the light code of ethics. of laws and in the because he visualized the whole area of international relations within ethical boundaries, and urged political leaders to act in the king of Spain, by the gracious concession of the Pope, Lord of of those countries. Lord the right the earth, was authority. This was used to justify the conquest in the New World used This justify to was the conquest in the New World authority. those over King the to authority political attributed Pope the where that stating war a waging before read was manifesto A territories. the universal dominion of the argued that the papacy conservatives had direct jurisdiction over Pope in the whole world. the infidels The for he was considered to possess universal temporal the New World. the New rich source rich of concerning source information the issues and in problems Nibalvos...Piscos... master of Salamanca. The advocates for justice and human rights human and advocatesjustice forThe Salamanca. of master great the by presented ideas the embraced missionaries become and results. means cause, its war, of theory the expounded hand other the on belli Jure De natives. the by owned lands the conquer to November 1539inGutierrez, Salazar, 2001,p.11. Gutierrez, Salazar, 2001,p.12. with justified completely were natives the against waged wars the including oppressions the of all Second, incapable themselves. governing thus slaves, are World New the of inhabitants the was while side Bartolome delalasCasasstood for theprogressives. conservative The World. New represented by the Don Juan de Quevedo and Juan Gines in de Sepulveda natives the of royalthe debatedin issue naturesecond wasthe The court about move beingdonefollowing thedictates ofhisconscience. discoveredthe problemsin territories,addresssome toa how on consultations him sent personally king the 1541, March In long. to be influenced in the end. The tension between them did not last appeared views his by beginning the in disgusted was who ideas. king liberating said the plant to World New the to sailed disciples dedicated his of conscience.”Most troubled their “beacons of light for many missionaries and evangelizers to guide sent to theNewWorld. be to persons learned twelve choose to him requested emperor and scholars deliberatematterraisedthe by Zumarraga. other gather to Vitoria asked king the letter, first the year.On same the of April in other the and 1539 January 31 to helpestablishtheuniversity he was planningto erect. lands and desired that the king would send the disciples of Vitoria wrote to the emperor asking to study the problems faced in the new shown when the bishop of Mexico Juan de Zumarraga, a Franciscan was this 1537 In arguments.Vitoria’s Worldaffirmed New the in rncly a ubr f rgesv suet wo il later will who students progressive of number a Ironically, The conservatives had two major arguments. First, by nature by First, arguments. major two conservativeshad The as served It widespread. was ideas Vitoria’s of influence The on one Vitoria, to letters two wrote emperor the response, In 9 8 7 6 6 e ni, etr f hre V o h pir f a Etbn f aaac, ard 10 Madrid, Salamanca, Munoz, Vitoria andtheConquest ofAmerica,1938,p.63. of Esteban San of prior the to V Charles of Letter Indis, De in 1539 Toledo,January Vitoria,Francisco 31 to V Charles Emperor of Letter Indis, De Munoz, Vitoria and theConquestofAmerica,1938,p.44.

14 7 In his nexthis letter,In the 8 vn the Even 9

Human Rights and Justice AngIssues Wika in the sa 16th Pampublikong Century Philippines Espasyo ...... 10 1515

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11 Gutierrez, Salazar, 2001, pp. 47-53. Salazar, Gutierrez, pp. 16-19. 2001, Domingo Salazar, Gutierrez, 3, 1996, p. 385. ELAHC Vol. “Las Casas Bartolome” Donovan, 10 11 12 The third issue in the royal court debate was legitimacy Las Casas carried his struggle for justice since he started Las Casas was considered the protector of the natives of The progressives had The the progressives major arguments. Las Casas refuted achieve achieve the conversion of the people of the New World and the expansion of Christianity. The natives were cannibals. For war innocent their the and weak the of protection the and defense, own they they have to submit themselves to more civilized and people superior like the Spaniards. The submission of the natives to dominion the of the Spaniards was the best and the fastest way to the sins committed by idolatry. Since the they were rude natives and savage, men against of inferior nature, race, especially of the conquest and just stating by defended Sepulveda de Gines Juan wars by led conservatives in the natives of America. The that forbade the Indian slavery and sought to end the encomienda the end to sought and slavery Indian the forbade that system within a generation by abolishing their transfer through inheritance. family Court. He designed battle protracted in the legal arena where his ideas became the most influential in shaping the 1542 New Laws debate was alive during debate his was alive time concerning the legitimacy of the to he proved conquest and the However, of treatment the natives. be a very capable person in handling his activities in the Royal oppressors. sailing in the West Indies in 1502 up to his last breathe. The Indias (3 vols.), Brevisima relacion de la destruccion de las relacion Indias Brevisima Indias (3 vols.), , Del Unico modo de atraer a los pueblos a la verdadera religión and Apologetica Historia attested his relentless fight against the statements statements influencing the Royal Court in the in the need discovered for territories. His justice written works, Historia de las colony will be based on natural inequality. will be based on natural colony America and “Father” of the New World. He articulated strong rational, rational, sharp of mind and apt to the receive Christian faith. Las Casas bitterly rejected the concept of natural inferiority for it is a complete justification of the encomienda system and life in the the defenders of the conquest by stating that the natives are such kind of situation. kind of such Nibalvos...Piscos... oqet a te ats wy f rahn te opl y citing by gospel the preaching of way fastest the was conquest that argument third the rebutted He him. to inferior or servants as never and brothers and equals as America of inhabitants the considered He idolaters. repressiveagainst any methods or force would bemadeagainst them. the legitimacy of the conquest, tributes, slaverythe legitimacyofconquest, andforced labor. on question the were: raised issues three are There court. royal the in happening debates the of continuation a were Philippines such exercise andifitisfor theintention ofrestoring peace. do to been appealing in had necessitated justice means of all violation if whenexhausted, done be could wars World that New specifying the in situations necessary.waswherewarwagingVitoria by articulated was This certain accommodate to made were compromises However, certain force. of use no was wherethere Jesus of time the from starting evangelization of history moral the to standards. according undertakings their watching justice of defenderswere there awarewerethat they time same the at and natives, the of life and rights human violate to conscience their burdentoa evangelizationbe will royalforit the that knew court the hateChristian religion. just would natives method, such In war. promoting come in would evils greater and Master the of word the of power in his ministry. The apostles only trusted God’s protection and the bysoldiers accompanied Jesus seen nobodyhad that emphasized He church. early the of history the and bible the from quotations Las Casas challenged it by refuting that the Church never used and colonization of task the carrying in careful became Spain 14 13 century 16th the of issues justice and rights Human the court royal the reminded elements progressive The Gutierrez, Salazar, 2001,pp.47-53. Burkholder, Sepulveda, ELAHC Vol.5, 1996. Human Rights and Justice Issues 14 13 16 Human Rights and Justice AngIssues Wika in the sa 16th Pampublikong Century Philippines Espasyo ......

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17 1717 Treaty of Tordesillas, 1494 in B & R Vol 1, pp. 115-129. 1494 in B & R Vol of Tordesillas, Treaty in Madrid…”etc in Cosmographers the by Submitted “Opinion citing Salazar Gutierrez, Gutierrez, Salazar, pp. 44-45 citing “Opinion Submitted by the Cosmographers in 15 16 17 The dispute on Spain’s legitimate conquest of the Fray Fray Urdaneta started his presentation by answering the 2. Are the Felipinas and Cebu Islands included in the mortgage mortgage the in included Islands Cebu and Felipinas the Are 2. Urdaneta’s first question was discussed in the 1524 Badajoz 1. Are the Moluccas, the and Islands Felipinas (Leyte-Samar)

In the 16th century, there was the rivalry of Spain and Portugal Portugal and Spain of rivalry the was there century, 16th the In

Madrid…”etc in NavaretteVol.XVII, doc.25 while Urdaneta’s opinion is located in Doc.22. opinion is located Urdaneta’s doc.25 while in NavaretteVol.XVII, Madrid…”etc Navarette Vol. XVII, doc.25 while Urdaneta’s opinion is located in Doc.22. opinion is located Urdaneta’s XVII, doc.25 while Vol. Navarette second question simply that Felipinas and Cebu were inside the demarcation demarcation located in the East? The second Felipinas the were mortgagee the of mind the In query politics. practical was about part of the negotiation? provinces islands, Cebu and nearby Conference, Conference, but remained unanswered. Where was the line of made over by his Majesty Charles the 1529? ducats in the year the sum of 350,000 gold for Portugal Emperor to the king of the island of Cebu the territory of our sovereign, His Majesty of Castille – or the territory of the king of Portugal according to the in 1494? of Tordesillas Treaty definite answer to the questions: to answer definite sit down with the Royal Court’s great cosmographers, Alonso de Santa Cruz the chief Pedro leader, Medina, Franscisco de Falero, Hieronimo Chaves and Sancho Guiterrez to discuss and find a Philippines since it violated the 1529 return Treaty successful the of of members the and Zaragosa. Urdaneta 1566, October On 8 summoned Philip to II’s court. were expedition had They to route Philippines was brought out by Fray Andres de Urdaneta. It could de Urdaneta. Andres Fray out by brought Philippines was be that recalled questioned Urdaneta the Spanish in presence the holy wars against Islam in the Middle Ages. Thus, the division of the of division the Thus, Ages. Middle the in Islam against wars holy Christianity. of disintegration avoid to move tactical a was world the Pope, the Vicar of Christ on earth, to divide the world into two: two: into world the divide to earth, on Christ of Vicar the Pope, the the west, he to Spain, granted and the east It to Portugal. must be noted that the partners two contending were superpowers in the in their territorial claims in the New World. To stop the impending impending the stop To World. New the in claims territorial their in the Church, led war, by the Spanish Pope Alexander VI published the 1494 Treaty of which Tordesillas stipulated the authority of The Question on the Legitimacy of the Conquest Legitimacy on the Question The Nibalvos...Piscos... validly claim Felipinas as part of the for mortgage. clamored Treaty,cannot PortugalZaragosa of the king of the document the Medina of wording the Spain. in stated expressly for unless that stand Urdaneta’s defense in arguments own their presented Sta.Cruz Portugal. and of Medina territory cosmographers the However, to belonged they and line, mortgage quoted by JoseLuisPorras, The Synod ofManila 1582,1990pp.132-140. July 1586,DSPHVol. 3,pp.59-82.Also seeB&RVol. 6,pp.200-228. Madrid…”etc inNavarette Vol. XVII, doc.25 while Urdaneta’s opinionislocated inDoc.22. Madrid…”etc inNavarette Vol. XVII, doc.25 while Urdaneta’s opinionislocated inDoc.22. the Indians. was lacking or missing, then the Spaniards had reason to rule over it if individuals.But all of rightsdefend tothe but ownersrightful were conditions these all if tyrannyfulfilled since the preaching of the gospel means not plain to dispossess a be would It faith. Catholic the destroy to try would they that suspicion a without well-behaved and governtothemselves, alone left and trusted be could who people Christianity of growth the guarantee would that levelcultural higher a values, gospel the to opposed not and law,naturalgovernmentgivenfollowed the of werestructurethe be not whichterritory a in presence legitimate should Spanish claim to present conditions These conquest. validate would that prominent citizens. The Acts of the Synod and discussed state circumstances the Church, the from representatives the of composed islands. of abuses including conquistadores, encomenderos and the situation country of poverty in the the plagued 1581 that the in issues Manila discuss of with to Synod the imbued convened Casas bishop Las of progressiveteachings The Salazar. Domingo Manila, of bishop first the of time the during again brought was name. but his will was the occupation of Felipinas, an island that bore his He honored the mortgage agreement giving Moluccas to Portugal, waspolitician determinedtokeepa being Magellan’s discoveries. II Philip not. or territory Spanish a was Philippines the whether deciding in relevantwas Philippines the of location geographical

19 21 20 19 18 Council Trisectoral a was Manila of Synod 1581 The Philippines the in conquest the of legitimacy of issue The 20 cs f h Snd ocrig h Dte ad ihs f h Kn a eaie and examined as King the of Rights and Duties the Concerning Synod the of Acts in 26 Manila, Indies, the Cosmographersof Council the to Citizens Manila the of Memorial 84, Document the by Submitted “Opinion citing in 346 pp. Cosmographers Salazar, Gutierrez, the by Submitted “Opinion citing 346 pp. Salazar, Gutierrez, 21

18 18 The debate on the Human Rights and Justice AngIssues Wika in the sa 16th Pampublikong Century Philippines Espasyo ...... But 26 22

25 Legazpi fulfilled the 24 1919 Hereafter referred as Reply to Rada, B 23 San Agustin, Chapter IV, The Cebuanos Governor, and Revolt, Admiral the Between and Negotiations Peace The Kill XXXII, Chapter Agustin, San Juan Serrano and Thirty The title of the treatise was De Modo quo Rex Hispaniarum et eius locum Rada Opinion, B & R 3, p. 254. Rada 3, pp. 260-261. Opinion, Manila, June 1574, B & R Vol. Rada’s Fray to Reply 24 25 26 22 23 Unluckily, Unluckily, Rada’s view did not get the popular support However, However, not all the participants were agreeable to the After series of long deliberations, the Synod legitimized the the legitimized Synod the deliberations, long of series After Bishop Domingo de Salazar had ambivalent position on

by Gutierrez, Salazar, p. 141. Salazar, Gutierrez, by Miguel Lopez de Legazpi and the Natives of Cebu, 1998 pp. 387-393. trans. Conquistas de las Islas Filipinas, 1565-1615, tenenteshabereteneantur in Regime Indiarum, in Alonzo de Zorita, Historia, pp. 13-14 as quoted Spaniards, Conquistas de las Islas Filipinas, 1565-1615, trans. 1998, pp. 136-137. 1998, Conquistas de las Islas Filipinas, 1565-1615, trans. Spaniards, him to resist in disagreeing the position of the majority. of the majority. the position in disagreeing resist him to rejecting rejecting the conquests done by the Spaniards in Mexico. when he was in the Philippines, the pressure was too strong for established after the tribal chief surrendered. the tribal established after the case. Before coming to the Philippines, he wrote a treatise companions after the death of Magellan. spirit of the Requerimiento where he gave the final to ultimatum Tupas before a war was waged. Later, a peace treaty was & R Vol. 3). The treacherous deeds were recalled citing how the thirty and Serrano Juan Barbosa, Duarte killed revolted, Cebuanos beginning the natives were treacherous and repeatedly betrayed the Spaniards. In contrast, they said that the colonizers followed the proper procedure. inhabitants had not opposed the evangelization process. not opposed the evangelization inhabitants had among the participants. The majority claimed that from the their right to take charge of the islands because of their oppression oppression their of because islands the of charge take to right their and the injustices done to the natives. Most Augustinians led by Rada Fray supported this assertion, and pushed for the idea that stand of the whole Synod. They claimed that the Spaniards lost greater greater number of candidates for baptism. give up To the islands means a step backward, and a terrible Christianity. blow to the agenda of would be endangered if Spaniards would abandon the Philippines Philippines the abandon would Spaniards if endangered be would since the inhabitants had primitive form of engaged in petty government. and destructive wars They thus putting into risk the conquest conquest in the Philippines due primarily to their low perception Christianity that concluded Synod The natives. the of culture the on Nibalvos...Piscos... first royal decree about it on 23 June 1523, and later re-issuedbylater and 1523, June 23 royalfirst on it decreeabout the issued V Charles Spain. to vassalage of symbol a was people concerning tributes. The payment of annual tribute by subjugated Justice IssuesonTributes best alternative to getthedesired results. the was third the stage, initial its on was second the and ability technical of terms developedin yet not was option first the Since natives. the to burden the put and China with commerce their in ways to do it: exploit the natural resources, possible use the place as a three base were There colony. from anything extract to had cultivationvoyagetolong Due their rice. of investments,and they primitivethe on economysubsistencewasbased a got they What and the silver of Peru, the silk of China or the Mexico of gold spices the like for of looking werethey wealth of the source no Moluccas. had Unluckily,islands America. the Latin in similar were country were expecting to get rich. They thought that the conditions in the Lavezaris vs. theAugustinians (1572-75) vs. BishopDomingodeSalazar. Domingo de Salazar and the Synod of Manila and, and Dasmarinas vs. Ronquillo Augustinians, the vs. Lavezaris namely: authorities episodes heightened for the three said were conflict between There the repulsion. secular and and ecclesiastical attraction an both was needed was cooperation their where contact of point Their the and the missionaries, secular authorities, encomenderos and soldiers. natives the with contact diversetosystem.arose due Spaniardsencomienda conflict The interests of early the their times difficult in encountered the with up bound intrinsically king. the to go should collection the of fifth One products). other and rice dust, (gold kind in or cash in given be to peso) (one reales eight Philip IIin1573.

hn pns cnusaoe arvd n h cuty they country, the in arrived conquistadores Spanish When hrh n Sae fito agaae i te dispute the in aggravated friction States and Church 28 27 pay to natives the prescribed Legazpi Philippines, the In De laCosta,Jurisdictional Conflicts,1951,p.16. Annotation ofZaide, DSPHVol. 2,p.132. 27 Church-State politics on the tribute controversy was controversy tribute the on politics Church-State 20 28 Human Rights and Justice AngIssues Wika in the sa 16th Pampublikong Century Philippines Espasyo ...... Raids were conducted at Raids least were 30 31 2121

29 Affairs in the Philippines after the Death of Legazpi, , 29 June 1573, in the the Philippines Death Guido after Affairs de of Lavezaris, Legazpi, 29 June 1573, in the the Philippines Death Guido after Affairs de of Lavezaris, Legazpi, 29 June 1573, in the the Philippines Death Guido after Affairs de of Lavezaris, Legazpi, 29 30 31 Gradually, putting Gradually, a heavy strain on the already marginal Fray Fray Martin de Rada was elected the Provincial Council on 3 In contrast to the account of Lavezaris, the Augustinians in

B & RVol. 3 280-285 DSPH Vol. 2, pp. 147-151; CCPS pp. 235-238. 2, pp. 147-151; CCPS Vol. 3 280-285 DSPH B & RVol. B & RVol.3, pp. 179-180. Also see Document 56 DSPH Vol. 2, pp. 136-137. Document XXXVICCPS, pp. XXXVICCPS, Document 136-137. pp. 2, Vol. DSPH 56 Document see Also 179-180. pp. RVol.3, & B p. 229. in CCPS, 67-6-6 quoted 223-224; AGI pp. 235. 2, pp. 149. Document XXXVICCPS, see Document 56DSPH Vol. p.279 Also B & RVol.3, May May 1572. As the head of the Augustinian Order, Rada wrote a islanders cannot present their pleas and complaints, or had the case. help them solve one to no Indeed, justice was not served since many Spaniards remained unpunished for the crimes they committed. The aggrieved Mena and three other soldiers who forced the inhabitants to pay Christian the for instructions objectives, its to contrast In tributes. faith and protection for the Indians were not given importance. twice a year to extract more tributes like the one experienced in Banton, from people of homes Ylocos.The and Bolinao of coast the Guimbar and after Marinduque the destroyed killed were natives to me to protect you from other Spaniards who annoy you.” There There you.” annoy who Spaniards other from you protect to me to no was mention of God and king. in establishing an “Take following: encomienda the announced were and village not a to properly went followed. encomendero An heed that I am and your master, that the governor has given you of which were related to the tributes. how the The colonizers took for document granted their revealed duty of protecting the natives and the manner tributes were collected. The procedures be compensated. their Memoranda denounced the abuses of the Spaniards most death of Legazpi enumerating the progress, to need that the hardships their and pacified towns in repartimientos assignment of report report of Governor-General Guido de Lavezaris, condemning the unjust wars done by the colonizers. In his correspondence to the king, Lavezaris reported the affairs in the Philippines after the the Indians, and the secular authorities clamoring their needs and needs their clamoring authorities secular the and Indians, the Diego Fray during formulated Memoranda Augustinian The rights. flamboyant the refuted Superior Provincial first as term Herrera’s economy economy became a against committed abuses the on justice for shouting missionaries focal point of the debate between the Nibalvos...Piscos... xoe te bss f h cnusaoe o te anr they manner collected tributes from thenatives. the on conquistadores the of abuses the exposed conducted from individuals and group conferences. The document consultation the of result a was Augustinian’sposition The issue. letter to Governor Lavezaris concerning his opinion on the tribute Manila, June 1574, B & R Vol. 3, pp. 260-271. Also see Document 62 DSPH Vol. 2, pp. 170-175. pp. 2, Vol. DSPH 62 Document see Also Hereinafter to bequoted260-271. asLavezaris’ Reply to Rada’spp. Opinion. 3, Vol. R & B 1574, June Manila, quoted asRada’s OpiniononTributes. be to Hereafter 164-169. pp. Vol.2, DSPH 61 Document 253-259; pp. Vol.3, R & B 1574, June, 21 Lavezaris’ 1575-1580. de from Francisco position his with over him took who replace Sande to Court Royal the prompted vs.Sande TheEncomenderos andtheAugustinians (1575-1580) titles orrights. justice, about talking stop should conquerors and missionaries lawyers, not being that view, of point legal reply the from Lavezaris’ argued order.also majesty’s his with districts the to came they for king the of power the before named were lands all that stating Opinion Rada’s rebutted and true, were king the to given reports all governorFurthermore,that testifiedthe patience. and arrows after a peace pact was exercised. But Legazpi kept his cool their with them shoot who Cebuanos to waged be could war that witnessed who those Urdaneta friendly de gestures. AndresHe Frayquoted and Urdaneta’s Herrera statement de Diego Fray cited governor The will. free their on surrendered but persuaded, not were inhabitants the where Butuan and Bohol Ybabao, Calayan, Majesty.His vassalsof Lavezaris’in incidents answersthe quoted with friends the Spaniards. He claimed that the nativesmake volunteered to become to shore the from ships the to the came Legazpi, Indians adelantado of time the was from It since archipelago. erroneous very the of progress the community to whole prejudicial very the and to harmful harsh, were Opinion Rada’s in raised points the that out pointed Lavezaris accusations. the denied reply The Spain. of Philip king Fernando to addressed by and notarized Riquel, was It 1574. June in tributes excessive the by brought injustices and cruelty the on Opinion FrayRada’s oenr aeai tgte wt hs fiil rsodd to responded officials his with together Lavezaris Governor h subl drn Gio e aeai’ administration Lavezaris’ de Guido during squabble The 33 32 el o Gvro Lvzrs n Ohr pns Ofcas o ahr aas Opinion, Rada’s Father to Officials Spanish Other and Lavezaris Governor of Reply Manila, Natives, the From Collected Tributes the on Rada De Martin Fray of Opinion 33 22 32 Human Rights and Justice AngIssues Wika in the sa 16th Pampublikong Century Philippines Espasyo ...... due However, to 36 He further attacked 34 2323

37 35 Francisco , Relation of the Filipinas Islands, Manila, 7 June 1576, B & R Vol. Francisco de Sande, Relation of the Filipinas Islands, Manila, 7 June 1576, B & R Vol. (Philippines) Document 55 Royal Decree to the City Council of Manila in answer to Zaide’s Annotation of Document 71 Governor Sande’s Letter to the Sultan of Borneo, 34 35 36 37 The case of Governor Sande was an example of failure

The Augustinians also submitted reports to the Viceroy of Certainly, Certainly, his moves elicited various reactions, and most of DSPH Vol. 2, p. 252. DSPH Vol. 4, p. 85. 3 All the King’s Men, p. 205. 1577, PUS Vol. 13 May Aranjuez, their Letters, 4, p. 74. Sande’s term, in 1580 he was finally removed from office, recalled recalled office, from removed finally was he 1580 in term, Sande’s and sent back to Mexico to Audiencia. work again as oidor of the Royal the order of San Francisco are going there”. the overwhelming complaints and disturbance of peace during Augustinians Augustinians by mentioning that this group has the tradition letter his of portions of the of one in King The natives. the with living to the City Council of Manila cited that “some of the discalced of about how Sande badly managed the prompted islands. Sande to This request the King to send missionaries, another group the of Franciscans. It implicitly counter-attack the of the governor. behavior the untoward letters sent to Philip II lobbying and trying to influence the king to to king the influence to trying and lobbying II Philip to sent letters already was complaint of letter a 1576, as early As side. their take sent by Lavezaris, Cauchela, Mirandaola and Aldave concerning them were against his officials decision former with created had Sande that of bickering The wealth. depriving them power and and the encomenderos became a major issue in the exchange of duties of the encomenderos, and to those functions. who neglected their improve the situation, he discontinued the habit of giving charities. giving of habit the discontinued he situation, the improve him, For only the poor shall support. receive He was strict on the Lavezaris Lavezaris and allotted them to the crown. the Lavezaris’ administration for being and extravagant careless. had The little treasury income at the beginning of his and term to current current governor investigated the accounts Filipinas Islas las de of Relacion his in mentioned Sande his officials. and predecessor that he revoked all the repartimientos given and owned by in the power Sande play about established tributes. Immediately, reforms in the land. Following the practice of residencia, the replacement replacement could be considered a victory for the missionaries Nibalvos...Piscos... Lavezaris and the religious to enter into an alliance against him. against alliance an into enter to religious the and Lavezaris like power of rivals pushed tendency dictatorial Sande’s society. of sectors all to conflicts igniting therebydiplomacy, and tact of devoid was leadership His life. colonial the in and mechanisms effect affect to country the in groups interest various and of power capacity the on recognition of lack the to due governance of 204. Vol.R & B 1582, 202- Philippines, pp. the 5, in Saleable Offices Reportthe in on shown Philippines Islands, Conquistas,p.825. Catalogo III,xvii-xx quoted inDe laCosta,JurisdictionalConflicts,pp.18-19. most in encomienda granted life, for governor of position the means. throughthis post his got Ronquillo the missions. and of projects their income support to the treasury royal increase to Court Royal the by allowed was practice in Spain to have men. asiento, the buying of public offices. This 600 with expense own his at Philippines the in 1580’s. In 1578, Gonzalo Ronquillo requested his Majesty to work early in crisis economic the of intensity greater the for Ronquillo Gonzalo Governor-General blamed Jesus) of (Society Jesuits the and provincesinvested itwiththeincreasing Chinatrade. the of out capital extracting by rich got position ordinary colonists and bewildered Filipinos. Only those in the top soldiers, Spanish mutinous and unpaid the fromwidespread was territory a settling unable themselves to provide found wealth and threatening Spaniards their survival. worst. Starvation to bad vs.Bishop DomingodeSalazar Ronquillo (1580-1583) another that advanced their motives in the best possible way recognizedthey can. be should It dependents. powerstruggle existed differentamong whocamps wayone in or his and king the of representativethe between process monolithic a not was colony governor’s replacement. Such experience proved that power in the the for decided finally II Philip handle, too much too was islands and officials military native leaders to encomenderos,petition for his ouster. When the bickering in the the with connived They ihp aaa wo rie te sad i 18 aog with along 1581 in islands the arrived who Salazar Bishop from gone had colony the beset that maladies the 1580’s, In 40 39 38 n h 18 usge dcmn tee a te eot f h ofcs aebe n the in saleable offices the of report the was there document unsigned 1582 the In Book 2 Chapter XXXV The Arrival of Governor Gonzalo Ronquillo de Penalosa on these General Historia Pastells, Causes, and Conditions these of Summary Alonso, Sanchez, 40 24 In exchange, Philip II gaveexchange,II him In Philip 38

39 It was a was It Human Rights and Justice AngIssues Wika in the sa 16th Pampublikong Century Philippines Espasyo ......

46

45 41 2525 To generate more revenues he decided decided he revenues more generate To 43 He was under the surveillance of Bishop Salazar who who Salazar Bishop of surveillance the under was He 42 Morga, Sucesos, B & R Vol. 15, 1609, pp. 12-13. Sucesos, B & R Vol. Morga, Conquest the in Humanization and Justice for Struggle Salazar’s de Domingo Guiterrez, 15, 1609, pp. 12-13. Sucesos, B & R Vol. Morga, 5, pp. 10-11. B & R Vol. Preface, 5, p. 30. II, B & R Vol. Felipe to Penalosa 5, pp. 223-224. B & R Vol. Salazar, Affairs, As shown most in of his the narrative, ships for the were 41 42 43 44 45 46 44 In his report to the king, Bishop Domingo de Salazar highlighted highlighted Salazar de Domingo Bishop king, the to report his In The prospect of becoming rich overnight was not the case. of the Philippines, Philippiniana Sacra 14, 1579: 244. of the Philippines, Philippiniana Sacra land. next next governor-general. It was through his time the that collaborative politics between there the Church and was State working together in an attempt to solve the injustices happening in the n 1584, Governor transferred his power to Dr. , President of the Royal Audiencia, to be the encomendero had with encomendero him soldiers ten eight to with arquebuses and weapons, ordered the chief to be called, and demanded that he should give him the tributes for all the natives in the village. the evils happening in the stipulated collection for of encomienda tributes. stated The instruction provide on matters for the Christian faith. Instead, an that decree encomenderos should benefit of the private individuals who utilized their influence to of asiento. spent in the practice they get back the money Majesty the increasing commerce between Philippines and New Spain. to to raise the rate of levy Philippines and to seven percent for five those in percent Mexico. He for extended merchants trade by in sending goods to the Panama and Peru and reported to his “although “although he was censured for Majesty’s orders”, they having “remained in done force, and this continued to be without thenceforward.” imposed his anything anything they can get from the poor He natives. built the Chinese Parian and required three percent duty on Chinese merchandise, conquest. was guarding the rights of the inhabitants. Nevertheless, he exploit still and rob to men his allowing by fortune his find to managed Ronquillo’s Ronquillo’s expectation of his recouping arrival in and booty of wars the his allow not did that islands ordinances royal by did investments paralyzed not upon materialize. Instead, he was administrative post in the country. post in administrative important important towns and allowed freedom to name officials to any Nibalvos...Piscos... taxes and legitimacy on century.the conquest were intrinsically connected. the of decade Salazar’s radical ideas generated more last progressive moves on how the in debate Dasmarinas-Salazar vs.Bishop Salazar Gov. DasmarinasonTributes Provincia delSanto Rosario (APSR),Ms., Tomo 3,doc.1. allowed. tributescollectedjustice, were be declarednot should illegal,and Foradministrationwithout and doctrine without of circumstances. to according classified was it type, second Forthe undertakings. missionary the and ministers the of maintenance not received any. For the first type, a tribute was necessary for the received evangelization, and those previously or in the present have bombs thrown atthe encomenderos. of natives, and regulations on the encomienda could be likened to grounded on justice in tributes. was His treatisespremise on Salazar’s tributes, the right. rights as than rather help as tributes saw Salazar endeavors. missionary the supporting of view in pay to evangelization.The Spaniards had the right with to collect and the interlockednatives had the duty was it since one multi-faceted jurisdiction. of area bishop’s the within matters money on justice witnessing of form a in persuasion moral a was arancel The Indians. the of rights the for respect and justice for- fought he what to direction brought abuses for venue a be could that donations and alms on matters related to money. The bishop’s initiative to form guidelines brought into light theaffairs oftheChurch atthattime. it for magnitude” first the of jewel “documentary a it described Salazar,Domingo Gutierrez about dissertation in country.his the In first the be to known Philippines the in arancel on treatise a wrote 1588 in Salazar Bishop sacraments. of administration the arancelChurch.the within arancelAn topaid tariff a foris priests Salazar started his militant concern on tributes by establishing an h jsie su o tiue rahd t hih drn the during height its reached tributes on issue justice The For Salazar, there were two kinds of encomienda, those that those encomienda, of kinds two were thereSalazar, For a but problem political a just not was tribute of issue The 48 47 on justice concretize to attempt Salazar’s wasarancel The Gutierrez, Salazar, 2001,pp.277-280. Gutierrez, Salazar, p. 267 As cited by Gutierrez, the arancel is found in the Archivo de la 26 48

47 Human Rights and Justice AngIssues Wika in the sa 16th Pampublikong Century Philippines Espasyo ...... 51

50 2727 49 Document 6, Treatises and Conclusions of Bishop of Manila 2001, pp. 282-283. Salazar, Gutierrez, about the Matter of 7, p. 296 1591, B & R Vo. on the Collection of Tributes, Reply The Governor’s 49 50 51 The bishop’s influence was through his treatises and In his letter to the bishop, he raised the following arguments: In response to the conclusions written by the the bishop,

The next circumstance were encomiendas that had no doctrine doctrine no had that encomiendas were circumstance next The Tributes, 12 January 1591, PUS Vol. 5, pp. 36-37. 12 January 1591, PUS Vol. Tributes, If there were no Christian instructions in the to encomienda the due lack of only ministers, in recognition of “some the services tributes rendered” and to sustain shall the be collected if encomenderos encomenderos will abandon the jeopardizing country, the whole in the islands. of Christianization and Spanish presence process everything that they had started would be imperiled. The governor governor The imperiled. be would started had they that everything the seriously, taken be would will bishop’s the if that alarmed was Governor Governor Dasmarinas took a stand. In his the reply governor defended that to if the Indians the ceased to pay tributes, bishop, wherein wherein the encomenderos had to return the amount collected from the natives if the area received no doctrine, no justice and the bishop. set by did not qualify the criteria pastoral guideline to be read in all the Churches under his domain. his under Churches the all in read be to guideline pastoral The most difficult part of the conclusion was the restitution conclusions to remind encomendero who will not abide with him. The conclusion was a his confessors not to absolve any encomenderos recommended by the bishop and commissioned by by commissioned and bishop the by recommended encomenderos the king who will be entrusted to set up the place for the coming type. of the minister should not continue their practice of maltreating and asking the them to serve in natives their houses without them giving proper indoctrination. Those encomiendas banned shall receive new and write to His majesty to send him absent, one. If they the ministers should are reside in the encomienda. However, they be collected of the required amount while the smaller ones will pay half. Encomenderos could ask tributes instruction, Christian up set to diligent be should they conditions: with the following administering administering justice. For this instance, tributes can be collected to support the expenses since the the ministers encomienda to was come. prepared For a large encomienda, one-third can but encomenderos had prepared them through for their efforts of the indoctrination, securing Christian the natives and faith Nibalvos...Piscos... encomenderos sinceitwas only theirmeansofsurvival. Dasmarinas, pp.296-297 Perez Gomez and Salazar Domingo Bishop State VS. Dasmarinas, p.112. Church 5: Vol. PUS 1591, March 6 Manila, of BishopSalazar: the of defense islands. and of maintenance pretext justice, the of in administration justifiable the became It end. this to shall directed territories be unpacified from even asked Taxes gospel. the procedure held for each one, the head shall be collected 10 reales. no reasons to discriminate large and small encomienda. The same were there that claimed Dasmarinas Gov.response, In firearms. and soldiers of presence the without and gentleness with done assist intheexpenses related to later religious instructions. to years three for deposit a considered be will it that he suggested Indians, the accessories to remitted other be not if and or instructions ornaments religious for of be Church, shall the tribute of the erection of part the what 4th like Indians the the If received. of ministers tributes the by supported be should o Slzr te rnia am f rbts a te ris of fruits the was tributes of aim principal the Salazar, For be shall tributes of collection the that argued Salazar best way theycan andby theirexemplary lives and good examples them andthegood lay persons to teach theIndiosour Holy Faith the there isalack ofreligious isitafaultformeto setupjustice ordering providing justice isnolonger thefaultofencomenderos. When not Sire, But from. benefit to useful anything receive not does Indio justice andothersthatare proposed thetribute can becollected. obviously follows that if the Indios receive some temporal benefit like there isnoreason forthemto pay tribute. From thisittherefore encomiendas such from benefit temporal nor spiritual any receive will explain later. Therefore theKing says thatsince theIndiosdonot from themexcept inencomiendas inrevolt without any cause asI should becollected. Withallthis,to besure Idonotorder to collect importance oftributes: 54 53 52 justicewithout that see I cannothing gainedbe because the and gospel, the to accessories were encomenderos The Therefore theKing does notwant anexemption butthatsomething Governor Dasmarinasrefuted thearguments the bishopon of

54 Document 16, PUS Vol. 5: Church VS. State Bishop Domingo Salazar and Gomez Perez Gomez and Salazar Domingo Bishop State VS. ChurchVol. 5: PUS 16, Document The Governor’s Reply ontheCollectionofTributes, 1591,B& RVol. 7,p.294.3. of Bishop to Dasmarinas Perez Gomez Filipinas of Governor of Letter 16 Document Governor Dasmarinas further challenged this position this challenged further Dasmarinas Governor 28 52 53

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56 58 57

55 2929 Document 16, PUS 5: Vol. Church VS. State Bishop Domingo Salazar and Gomez Perez Document 16, PUS 5: Vol. Church VS. State Bishop Domingo Salazar and Gomez Perez 8, pp. 156-157. II, 20 June 1591, B & R Vol. Felipe Dasmarinas to Governor from Letter Three Letters From Governor Dasmarinas to Felipe II, 20 June 1592, B & R 8, Vol. pp. 55 56 57 58 the Indios how to make the Sign of the Cross. of the the Sign make to the Indios how alone by themselves, unreconciled, and in two days they will rebel and in two they will rebel days unreconciled, themselves, alone by to Religious provide fails to not only Lordship up arms. Your and take neither do them but do not have you Indios because the to administer persons lay Christian good aforementioned these allow to want you the Although no religious. are there functions while perform these to your I came, since times this many requested have encomenderos teach to secular even any do not want you that answered Lordship with love and charity drawing them through kind treatment? In the In treatment? kind them through charity and drawing love with them leaving than effective, more prove means will run, these long It is interesting to note the politics Church-State between the Dasmarinas raised a dilemma to Salazar, and that was which of which was that and Salazar, to dilemma a raised Dasmarinas Dasmarinas, p. 120. Dasmarinas, p. 120 confronted him of being “most cruel, intolerable and wicked.” him of being “most cruel, intolerable confronted because they were also forbidden to go to China, Japan and Spain. and Japan China, to go to forbidden also were they because of freedom excessive the on King the to complained governor The they how in shown had, religious these that speech and movement maintain their diplomatic silence. Dasmarinas told the King that the bishop and the Dominican friars not excommunicated letting him them go for to Spain. The Franciscans joined their force themselves. themselves. The Augustinians and Jesuits sided with Dasmarinas to tried Franciscans The Salazar. supported Dominicans the while believer and the infidel paying equal shares.” and the infidel paying believer religious orders and the bishop, and the Religious Orders among instruction, from instruction, both from and the the believers infidels. there Where is justice, but no instruction, they may the collect payment, the three-fourths remaining of fourth being left to the Indians, the discrepante) discrepante) that the encomenderos can, with good conscience, collect the entire tributes from the encomiendas which have the religious, the Jesuits and Augustinian took side with the stand the with side took Augustinian and Jesuits the religious, the of the governor. In his letter to that: the “these two orders King, I hold say, Dasmarinas (in entire claimed agreement, nemine would mean depopulation and mass departure from the islands. the from departure mass and depopulation mean would between relationship the embittered that controversy tribute The the two key figures at the time was when aggravated majority of the two evil is less. If encomenderos will be deprived of tributes, it tributes, of deprived be will encomenderos If less. is evil two the Nibalvos...Piscos... had the political will to fight for it till the end. After succumbing to humanitarian spirit of those who defended unpopular causes and could claim that in the face of colonization, hope still springs in the colony.the in struggle justice weof historyall After the in mark a left tributes on dispute such But Court. Royal the in controversy Filipinas Gomez Perez de Dasmarinas in an answer to his letter of the 8th and 19th instant, 21 instant, 19th and 8th the of March 1591,PUSVol.letter 5,pp.138-159. his to answer an in Dasmarinas de Perez Gomez Filipinas 271-272. rice, slavery persisted and continually practiced by the colonizers Philippine subsistence economy mostly based on the cultivation of be soldto pagans, orto Indiansnotsubjectto hisMajesty”. adjudged reasonablyprice presentmayat by held arbitrators; not those that and a at so do may themselves redeem to wish that now slaves, or appear to be slaves, should be born free; that those be no more slaves, and “hencefort, children born to those who are will there that so issue the on immediately act to II Philip urged regulated.”be Indians other by Indians Trisectoralof The Council enslavement the “that stating it confronted vehemently Council the of Memorial 1586 the where on carried were Indians among Justice IssuesofSlavery natives vassals oftheSpanishking. the consideredeffect in and instructions, Christian the facilitated was lawful to collect tributes to recognize the efforts of those who and Augustinians. Using Fr. Acosta’s conclusions, he argued that it Jesuits the orders, religious dissenting the by supplied religious ideology the in strength found He influence. of sphere own his creating by power produced Dasmarinas relations. diplomatic from ranging control and excommunication of confession, ideology,conscience, religious techniques employed and produced of justice. cause the championed who people of memories the in lived and lingered spirit his but died Salazar 1594, December 4 on age, old n ue 51 Slzr eatd o San o ete the settle to Spain for departed Salazar 1591, June In slavery pre-hispanic of practice the that apparent was It 60 59 the of context the slavery,in abolished law the Although Salazar Bishop controversy, tribute this conclude To Memorial to theCouncil, B&RVol. 6, p.193. of general captain and governor the to Manila of Bishop the of Letter 19, Document 59 30 60 Human Rights and Justice AngIssues Wika in the sa 16th Pampublikong Century Philippines Espasyo ...... 63 But the following year year following the But 62 3131

61 Luengo, A History of the Manila-Acapulco Slave Trade (1565-1815), 1996, p. iv. Trade Slave of the Manila-Acapulco Luengo, A History 10, pp. 303-304. 1598, B & R Vol. 2 October Slavery, to Relating Act An Ordinance: 11, 1599, pp. B 31- &R Vol. Enacted Ordinances by the of Audiencia Manila on Slavery, 61 62 63 Slavery Slavery was a focal point of Church-State politics since Therefore Therefore towards the end of the 16th it century, was not

To To recapitulate, slavery continued to be a practice since

32. Court issued decrees to abolish the practice of slavery. V Charles promulgated the law in 1526. Philip II 1574 and 1589. reiterated In 1591, the it pope threatened to excommunicate twice in there there were exercises of power which involved included religious ideology, juridical Royal The slave. a norms be not should individual baptized a law, Spanish and confession. According to the needs of the situation did not allow for changes to happen. changes to for needs of the situation did not allow due to the demands of subsistence economy and Galleon Trade, it was still there. The Church and the State clashed collaborated or (Trisectoral Council) at to times solve the problem, but the for for its suspension. While waiting for the response of Philip II, the custom shall be continued, a plain method of delaying justice. In 1586 Trisectoral Council, it was picked up again but apparently the royal cedula to Governor Ronquillo for its abolition. Ronquillo Ronquillo abolition. its for Ronquillo Governor to cedula royal the and strategized his convened secular officials to petition the king Spaniards Spaniards felt it was a tradition among universal the long natives brought aggressively Manila of Synod 1581 The came. they before saw its ambiguity when they reconsidered and directed that it was was it that directed and reconsidered they when ambiguity its saw “fitting that the advocates and attorneys of this Royal Audiencia formerly…” observed of the said natives, the customs follow settling an estate, slaves should not be divided but sold and the purchase price partitioned, or “if one of them retains a slave, share.” he their for heirs other the pay should a surprise that the Royal Audiencia issued an edict that when an embarrassing deal of human cargos of over 4,000,000 Indio slaves from 1521 by Sebastian Del Cano to the last ship in 1821 Cadiz, Spain. bound for entitled, entitled, A History just of not was Galleon the that the narrated Luengo Josemaria Manila-Acapulco Fr. 1815), Slave Trade (1565- also was It goods. oriental exotic and gold of enterprise business a a difficult task to give it up since it was an important component of of component important an was it since up it give to task difficult a In the his industry. dissertation which was published into a book and wealthy Indians. The existence of the Galleon Trade rendered rendered Trade Galleon the of existence The Indians. wealthy and Nibalvos...Piscos... circumstances the Philippines had as a Spanish colony.Spanish a differentPrimarily,as had Philippines the circumstances the considering dilemmas and ambiguities of context ideology asareminder to abhortheexistence ofslavery. theologico-juridical lack not systemdid colonial words,the other anybody who violated the king’s order to liberate Filipino slaves. In eua f h kn ws goe. t a te ih o conscience of might the was It ignored. was royal king the the of Even cedula existence. its abolish to position the weakened bymasters.their diversethe Thus, religiousslaveryideologieson paid masses requiem with died and slaves remained slaves that fact the supported documents where practice the tolerated also Church The slaves. of exporters prominent were Mallar Tomas and Gama la de Fernandez Juan Bishops services. needed held other Church The Aquinas. by slaveswho served attendantsporters,personal and as musicians, presented ideology the stating system the maintain would slavery of services the enjoyed who The Church was not also consistent on its stand on slavery. Those interest. one’s keep tomoves tactical and power of issue the was equality.of it question wasa conquest, it the Fordefendersof the Casas, Las For justice, for cause the championed who those issue. and Salazar Vitoria, the of character ambivalent the caused WorldNew the nativesin the of nature the on thought of schools enslaved by thesuperiorones. be might inferior the Thus, equal. men all create not did nature that argued which Aristotle of Politics the on based justification ideological Thomistic Ages Middle the used They operation. its keep to arguments theological were there that argued practices could mean economic dislocation and rebellion. Defenders of slaveit of since actualize to abolition difficult was law the the practice, in slavery.But on insisted mandate royal slaves.The Filipino were The faced with Trade.a crisis on the Galleon reiteration of the the king to emancipate in implementors of especially the law both advantage secular and ecclesiastical their authorities to used subsistence the natives, and for a long time it on was the life among blood of its practiceeconomy. a been has Slavery based force. labor their increase to was system warsfought archipelago the in societies Pre-hispanicagriculture. financial country’s the

t ol b ifre ta vros eiiu ielge and ideologies religious various that inferred be could It oee, h polm f lvr ws iutd n the in situated was slavery of problem the However, hn h Sairs ae te xsec o saey was slavery of existence the came, Spaniards the When 32 Human Rights and Justice AngIssues Wika in the sa 16th Pampublikong Century Philippines Espasyo ...... Also see Lucio 65 3333 66 Clearly, this was in continuity with the radical 64 Council Regarding Slaves, Tondo, 17 October, 1581, B & R Vol. 34, p. 330. 1581, B & R Vol. 17 October, Tondo, Slaves, Council Regarding III, De pp. la 33-34 Costa, by as Jurisdictional cited Memorial of 1583, Archivo, Salazar, Sucesos de las Islas, pp. 253-254 Morga, 64 65 66 A look at the origins of power in sustaining the practices In the king’s court, cedula Philip II in the 1589 royal re-issued

Resistance in the implementation of the king’s order to abolish to order king’s the of implementation the in Resistance Conflicts, pp. 23-24. improved improved since they were not asked anymore to work to death. This was greatly attributed to the China trade that enhanced the conditions of the colony. living abolishing the existence of Filipino slaves. It was a confirmation that his former orders were not followed. The of actual slaves situation in the 1590s as reported by Morga in 1598, slightly Vol. 21 No.63). Vol. Gutierrez original compilation of primary sources on Domingo de Domingo on sources primary of compilation original Gutierrez Islands: Philippine the of Status the on 1582 of Memorial Salazar’s A Manifesto for Freedom and Humanization, Philippiniana Sacra waiting waiting for the decision, Salazar could be proposed received in that the sacrament slave of confession owners provided that year. after two their to free slaves promised they slaves, slaves, compromised the issue by pushing the citizens of Manila to petition the monarch to suspend its execution, and while immediate immediate implementation of such principle given the realities that the colony’s life blood was on human resources and Governor Ronquillo, aware of labor. the king’s order to abolish Filipino clear justice.” stand of Bartolome de las Casas on the the threatened conditions local nature the of Unfortunately, the World. New the natives in When the 1581 Synod of Manila took a bold stand on slavery it declared the principle that “the freedom of the Indians could not be deferred, as it was a matter of natural and divine right and of slavery was a topic of concern that stirred the movements of Church-State politics. Slavery problem faced practical difficulty. the practice, the task to fight its existence fell in the hands of the of justice. advocates Churchmen’s slavery slavery represented how power circulated in interests. Since favor most ecclesiastical of and civil certain authorities enjoyed to to keep its exercise from within the Church was a hindrance to of the law. the ideal intent implement that that the problem of slavery may be stopped, but the justification Nibalvos...Piscos... noe te eeis ie b te tt, rm aeil o a to material from State, the by given benefits the enjoyed religious Most politics. collaborative of favor in diminished were dynamics the authorities ecclesiastical and civilbetween 1590s, power of balance and mid the in Salazar after that pity a was It system. the perpetuating in engaged were administrators State Conflicts, p.42 observed. advantageprivilegestookbyforcing their and wealth of amass to not was it opportunity an that polo the saw officials secular fact and Encomenderos the to pointing persistent was that the polo was not for their personal benefit, but the admonition and encomenderos. The officials Church secular repeatedly abusive the told colonial and authorities administrators justice for ecclesiastical advocated the who between friction of source a also and mestizoslegally hadobligation to dopublicservices. healthy men residents in the islands including Spanish vagabonds days. 40 for polo or labor statute to subject were old years 60 to 18 Filipinos male all that stateswhich VI Book 7, Title of 40 Law its in labor Philippine the legalized Indias las de Reinos los Justice IssuesofForced Labor life oftheislands. for only not rapidlygrowingeconomic the in profits demand morefor but subsistence a was labor human for need The society. colonial the penetrated deeply had slavery Certainly, relations. power-collaborative of context the in sacrificed was Indians the locality.his in freedmen few and indios free 1,640 to compared care his under slaves 1,970 had Manila in parish the a of charge in to friar a that king reported Serrano Archbishop when demonstrated was well This slavery. not but ended century 16th the that surprise a not was It waned. gradually justice for struggles The advisers. his the as served during Dominicans the Tello,Francisco instance, Governor of For term government. the in position secured Slavery was indeed difficult to stamp out. Both the Church and Polo became a venue for Church-State politics because it was it because Church-Statepolitics for venue a became Polo RecopilacionLeyesas de known code de colonial Spanish The 69 68 67 Arcilla, Spanish Conquest, 1998,p.61. Arcilla, SpanishConquest, Recopilacion deLeyes delosReinos delasIndias,Law 40, Title7BookVI. Pastells, “Historia General,” Catalogo, VII/1. lxxv as quoted in De la Costa, Jurisdictional 67 In a sad note, Salazar’s spirit to fight the rights of rights the fightto spirit Salazar’s note, sad a In 34 69

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71 3535 72 Arcilla, Spanish Conquest,Arcilla, 1998, p. 61. Spanish Conquest,Arcilla, 1998, p. 74. Affairs in the Philipinas Islands, Domingo Fray Manila, de 1583, Salazar, B & R Vol. 5, 70 71 72 Bishop Salazar complained that the priority of the Indeed owners of encomienda invested revenues generated Abuses Abuses connected to forced labor ranged from coercing Various types of labor were given to the polistas ranging from from ranging polistas the to given were labor of types Various p. 212. the religious instruction. the religious encomenderos were to attend to their business interests rather the mountains than to do the force labor imposed upon them. Due them. upon imposed labor force the do to than mountains the Indians many ships, galleon the for trees cutting of demand the to not were allowed to no rest and more opportunity have to attend “miserable creatures” Salazar described creatures” will “miserable be absent their from farm four to six months to work in hide and to escape to their preferred inhabitants Many masters, there. died them and many of commissions systematized shipbuilding, and mining rowing at the expense the of depopulation and galleys hunger. These enterprise. enterprise. from their laborers. The governor and the officials on various Bishop Salazar attributed the economic difficulties that plagued the country in the 1580s to Governor Ronquillo’s drive for more family’s one in working and shipbuilding mining, into go to people toil during planting or harvest season and low or non-payment of or non-payment season and low during planting or harvest toil salaries. Due to these, the supply of food had greatly diminished. 40 reales or 5 pesos a month to survive. 5 pesos a month to or 40 reales to natives do heavy work beyond their capacities, asking them to the alcalde mayor. Again, another venue for corruption. According According corruption. for venue another Again, mayor. alcalde the to the the law, polistas should 8 receive reales (1 peso) a needed month. worker a that fact the given condition miserable a was This duties in the shipyards or forests. Like any other requirement, the requirement, other any Like forests. or shipyards the in duties to given fee a topa, a through it with away do to paid be could polo the lighter jobs where they could served as mail couriers, night such forms sentinels or cleaners in the some offices exhaustive to as cutting lumber for the construction of ships for the galleon, away away places and beyond their capacities. workers. recruit to prohibited was seasons, it harvest During planting and possible abuses of the polo, the law stipulated that polistas should should polistas that stipulated law the polo, the of abuses possible receive salary and food rations. They were not ask to toil in far Indians Indians to work in their businesses and trade. Anticipating the Nibalvos...Piscos... Indians in forcing them to be rowers in the galley or in a fragata a in or galley the in rowers be to them forcing in Indians the to inflicted injuries the Indies the of Council the and king the to reported bishop The it. stop to instructions receivingreligious whowerethose wood toand cut inhabitants commanding village a cited He natives. case how this was even reinforced the by an ordinance in a particular evangelize to duties their fulfill to than p. 234 which were wellhighlighted by theconvention. However, indirect slavery and tributes to compared issue labor forced about much by Indians the to renderedpaying themtheright amount. be should justice all, of Most time. and money more losing thus farming, do to deprivedthem which Manila, to them calling of practice the discouragedterritory, and The received. they maltreatment synod told secular authorities that the Indians should toil within their and wage, just not the was latter given the often how of terms in natives the with dealt confessorstrictlyThe should polo. the study officials secular how of practice the during supplies food with workersproviding was of position the keeping humane treatment maintained a priority, where the primary concern Manila of Synod the Furthermore, right conscience who will not use force or of individualsviolence by done on be should their recruitment The families. service. native to recourse may colonizers where necessity extreme in only that showed arguments Their colonists. the of sin the absolving and of oarsmen,cutters ofwood andmining. was one of the most debated problems that included the situation topic The implemented. was restitution proper unless sins their of confession the in colonists the absolving not of consequences Synodthe land, the occurring in forced tackled serious with labor injustices the against crusade their In Manila. of Synod 1581 the than choice. force through more so becoming convertedwere who those and unconverted remain to Indians of thousands caused it for greed salary.of amount of evilsmeager the lamenteda bishop with The The Memorial of the Trisectoraltalk the not of did Memorial Manila The of Council 75 74 73 SynodThe provided toconfessorsexaminingguidelines in Salazar received support from the religious orders through Porras, Synod ofManila, 1990,p.167. Porras, Synod ofManila,1990,p.167. 5, Vol. R & B Salazar,1583, de Manila, FrayDomingo Islands, Philipinas the in Affairs 73 75 36 74

Human Rights and Justice AngIssues Wika in the sa 16th Pampublikong Century Philippines Espasyo ...... 77 3737 76 Memorial to the Council, B & R Vol. 6, 170-171; DSPH Vol. 3, pp.38-39. 6, 170-171; DSPH Vol. the Council, B & R Vol. Memorial to Spanish Conquest,Arcilla, 1998, p. 74. In the mid 1570 and early 1580, abuses related to labor 76 77 However, the However, intensity of forced labor in the Philippines Labor or polo like tribute and slavery was a source of wealth. wealth. of source a was slavery and tribute like polo or Labor During the 1590 Salazar-Dasmarinas debate, the problem

was was one of the most debated items. The Synod took a stand that could mean depriving them an important source of income. source them an important could mean depriving caused hunger and death. Hence in the 1581 Synod of Manila it and most often than not the jobs were given natives according to their capacities. The call Church’s for the proper implementation of polo created a strong impact to secular authorities because it America. Certainly, the colonizers had learned their lessons. In the Philippines, the polo was an obligation to do public service, mines. was not as heavy as the mita or any other form of labor in Latin harassment harassment and inhuman ways shown in treating the caused many polistas, inhabitants to remain unconverted, and preferred to hide in the mountains than to suffer working in the galleys or mining or any other trade. The situation and caused it was in this depopulation, context that the bishop complained to the king on the wrong priority of the Spaniards. Salazar claimed that the Like slavery, the admonition Like slavery, was never heeded because that was their way to keep the colonists’ business be it in the galleon, debt reached 6, 643 pesos and in 1660 the Pampangos unable to revolt. to longer rose stand it any they they could acquire wealth. Indeed, forced labor was a continuing struggle where even the situation of not able government to pay its debts to the polistas. In caught 1617, this in the difficult issue of tributes. The problem remained the since economic labor lifeblood of provided the colonists, and it was here where might hinder or fatigue them.” hinder or fatigue might of forced labor was put to the sideline in favor of settling the the Indians. In fact, it endorsed that “all the Indians who aid or accompany them to their farms, should be that else exempt anything from or buildings, on war or boats or in labor personal other and natives and alike to natives engage in farming and stock raising. Farmers from Spain were enticed to come and share their knowledge to linkages linkages with it were shown in the encouragement of Spaniards Nibalvos...Piscos... intense since it was one of the sourcesrevoltsthe of wasof it earlyone intensesince the in 17th grew labor forced on Moreover,abuses the land. their cultivated they if them fatigued that anythingexempted or warbe from and farming, in engage to Indians many of encouraged claims and Synod the the supported Council Trisectoral 1586 The native a service. to recourse may colonizer a necessity extreme in only benevolence oftheKingto stop allforms ofviolence. the seek to and abuses the natives.wasfightto the concern Their foughtwelfareSalazar and forBishop dignity and missionaries of highest the is priority. life that society the reminding keep moral to its authority assert should and conscience a as serves Church The purposes. practical for killings judicial extra through it cut short Political leaders can manipulate the implementation of the law or reality to protect rights and promote justice is painted differently. protected. are rights our all level, ideal the On articulated. well are accused the of rights and socio-economic political, civil, the Constitution, Philippine 1987 the of 3 Article the in enshrined rights of bill the are they In people. same servethe they that since other each fromisolated not clear also is it State, the and Church the between and theState canthesamedebate bepursued? early missionariesto fight thewelfare ofthenatives. champions for it namely, Vitoria and Las Casas who influenced the World was New rational the and legitimate. in It did was they fortunate what that if there conscience were their clear to like would who Court Royal Spanish the in discussed well were justice and rights human of issues the that clear was It set-up. century 16th Conclusions of most them enjoyed era thebenefitsitentailed. Salazar the After it. about numb became gradually Church the and polistas, the paycentury.to unable wasState The

n h cs o te 6h etr Piipns early Philippines century 16th the of case the In the Philippines, century 16th the of situation the like But While in the democratic system, there is a demarcation line In today’s context where there is a separation of the Church the in State the and Church the of marriage a was There 38 Human Rights and Justice AngIssues Wika in the sa 16th Pampublikong Century Philippines Espasyo ...... - - - 3939 Bibliography of the Philippines. Manila: Historical Conservation Society, 1965. Society, Conservation of the Philippines. Manila: Historical 1986. Press, London: Westview Present. the to Showing the Political, Economic, Commercial and Religious Conditions Religious and Commercial Economic, Political, the Showing Nations European with Conditions Earliest Their from Islands Those of Arthur Cleveland: Volumes. 55 Century. Nineteenth the of Close the to as to B and R. The following referred H Clark, 1903-1909. Hereinafter primary documents were used in this dissertation: Colin-Pastells. La The Christianization I. bor Historical Evangelica Society. Conservation Tomo 3, Doc.3. Tomo lands, 1493-1898: Explorations by Early Navigators, Descriptions of the Islands of and the their Their and History Catho Peoples, Records lic Missions, as related in Contemporaneous Books and Manuscripts of Manila Archives, 1994. of Manila Archives, The issues of human rights and justice will remain as long as Today legal battle can be shown in the balance of power among power of balance the in shown be can battle legal Today The The fight for justice and human rights was both in the legal Licuanan, Virginia Benitez and Mira Jose Llavador, eds Licuanan, and Virginia annots. Benitez Philippines and Mira Jose Llavador, Las Casas, Bartolome. Historia de las Indias. Mexico, 1951. Mexico, de las Indias. Historia Las Casas, Bartolome. Inc., 1996. Microfilms ______. The Spanish Colonie. University Keen, Benjamin, Editor. 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The Church can top leaders of both Church and State do the same thing where where thing same the do State and Church both of leaders top can and each manage side to listen do to each collaboration for other, in function with the government cannot remain silent in the midst the in silent remain cannot government the with function in of killings and human rights violations. But like the 16th century it, about discourses and dialogues did who rights human for battle a discourse with those who are in power. are who with those a discourse the branches of government. But the Church although separated and moral battle. The into engage to rights human examples of protectors as passion their set showed by Vitoria and Las Casas Nibalvos...Piscos... National Historical Commission, Coleccion de Documentos Ineditos de Ultra de Ineditos Documentos de Coleccion Commission, Historical National by Translated (1668). 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