José P. Laurel

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His Excellency
José P. Laurel
PLH
Jose P. Laurel.jpg
3rd President of the Philippines
President of the Republic of the Philippines
In office
October 14, 1943 – August 17, 1945
Prime Minister Jorge B. Vargas
(Ministries involved)
Preceded by Manuel L. Quezon (as President, de jure)
Jorge B. Vargas (as Presiding Officer of the Philippine Executive Commission and head of government, de facto)
Succeeded by Sergio Osmeña
Commissioner of the Interior
In office
December 4, 1942 – October 14, 1943
Presiding Officer, PEC Jorge B. Vargas
Preceded by Benigno Aquino, Sr.
Succeeded by Quintin Paredes
Commissioner of Justice
In office
December 24, 1941 – December 4, 1942
Presiding Officer, PEC Jorge B. Vargas
Preceded by Teofilo L. Sison
Succeeded by Teofilo L. Sison
Senator of the Philippines
In office
December 30, 1951 – December 30, 1957
Associate Justice of the Philippine Supreme Court
In office
February 29, 1936 – February 5, 1942
Preceded by George Malcolm
Succeeded by Court reorganised
Majority leader of the Senate of the Philippines
In office
1928–1931
Senate President Manuel L. Quezon
Preceded by Francisco Enage
Succeeded by Benigno S. Aquino
Senator of the Philippines from the 5th Senatorial District
In office
1925 – 1931
Served with: Manuel L. Quezon (1925–1931)
Preceded by Antero Soriano
Succeeded by Claro M. Recto
Secretary of the Interior of the Philippines
In office
1922–1923
Personal details
Born José Paciano Laurel y García
(1891-03-09)March 9, 1891
Tanauan, Batangas, Spanish East Indies
Died November 6, 1959(1959-11-06) (aged 68)
Manila, Philippines
Resting place Tanauan City, Batangas, Philippines
Political party Nacionalista Party (Before 1942; 1945–1959)
Other political
affiliations
KALIBAPI (1942–1945)
Spouse(s) Pacencia Hidalgo
Children José B. Laurel, Jr.
Sotero Laurel
Natividad Laurel-Guinto
Potenciana Laurel Yupangco
Mariano Laurel
Salvador Laurel
Arsenio Laurel
Rosenda Laurel Avanceña
Alma mater University of the Philippines College of Law
University of Santo Tomas
Yale Law School
Profession Lawyer
Religion Roman Catholicism
Signature

José Paciano Laurel y García, PLH (March 9, 1891 – November 6, 1959) was the president of the Second Philippine Republic, a Japanese puppet state when occupied during World War II, from 1943 to 1945. Since the administration of President Diosdado Macapagal (1961–1965), Laurel has been recognized as a legitimate president of the Philippines.

Early life and career[edit]

In 1922, when he was an attorney.

José Paciano Laurel y García was born on March 9, 1891 in the town of Tanauan, Batangas. His parents were Sotero Laurel, Sr. and Jacoba García. His father had been an official in the revolutionary government of Emilio Aguinaldo and a signatory to the 1898 Malolos Constitution.

While a teen, Laurel was indicted for attempted murder when he almost killed a rival suitor of his girlfriend with a Batangas fan knife. While studying and finishing law school, he argued for and received an acquittal.[1]

Laurel received his law degree from the University of the Philippines College of Law in 1915, where he studied under Dean George A. Malcolm, whom he would later succeed on the Supreme Court. He then obtained a Master of Laws degree from University of Santo Tomas in 1919. Laurel then attended Yale Law School, where he obtained a Doctorate of Law.

Laurel began his life in public service while a student, as a messenger in the Bureau of Forestry then as a clerk in the Code Committee tasked with the codification of Philippine laws. During his work for the Code Committee, he was introduced to its head, Thomas A. Street, a future Supreme Court Justice who would be a mentor to the young Laurel.[2]

Upon his return from Yale, Laurel was appointed first as Undersecretary of the Interior Department, then promoted as Secretary of the Interior in 1922. In that post, he would frequently clash with the American Governor-General Leonard Wood, and eventually, in 1923, resign from his position together with other Cabinet members in protest of Wood's administration. His clashes with Wood solidified Laurel's nationalist credentials.

Personal life[edit]

He married Paciencia Hidalgo in 1911. The couple had nine children:

Descendants[edit]

Senator of the Philippines[edit]

In 1925 Laurel was elected to the Philippine Senate. He would serve for one term before losing his re-election bid in 1931 to Claro M. Recto.[3] He retired to private practice, but by 1934, he was again elected to public office, this time as a delegate to the 1935 Constitutional Convention. Hailed as one of the "Seven Wise Men of the Convention", he would sponsor the provisions on the Bill of Rights.[3] Following the ratification of the 1935 Constitution and the establishment of the Commonwealth of the Philippines, Laurel was appointed Associate Justice of the Supreme Court on February 29, 1936.

Associate Justice of the Supreme Court[edit]

Laurel's Supreme Court tenure may have been overshadowed by his presidency, yet he remains one of the most important Supreme Court justices in Philippine history. He authored several leading cases still analyzed to this day that defined the parameters of the branches of government as well as their powers.

Angara v. Electoral Commission, 63 Phil. 139 (1936), which is considered as the Philippine equivalent of Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803), is Laurel's most important contribution to jurisprudence and even the rule of law in the Philippines. In affirming that the Court had jurisdiction to review the rulings of the Electoral Commission organized under the National Assembly, the Court, through Justice Laurel's opinion, firmly entrenched the power of Philippine courts to engage in judicial review of the acts of the other branches of government, and to interpret the Constitution. Held the Court, through Laurel:

The Constitution is a definition of the powers of government. Who is to determine the nature, scope and extent of such powers? The Constitution itself has provided for the instrumentality of the judiciary as the rational way. And when the judiciary mediates to allocate constitutional boundaries, it does not assert any superiority over the other departments; it does not in reality nullify or invalidate an act of the legislature, but only asserts the solemn and sacred obligation assigned to it by the Constitution to determine conflicting claims of authority under the Constitution and to establish for the parties in an actual controversy the rights which that instrument secures and guarantees to them.[this quote needs a citation]

Another highly influential decision penned by Laurel was Ang Tibay v. CIR, 69 Phil. 635 (1940). The Court acknowledged in that case that the substantive and procedural requirements before proceedings in administrative agencies, such as labor relations courts, were more flexible than those in judicial proceedings. At the same time, the Court still asserted that the right to due process of law must be observed, and enumerated the "cardinal primary rights" that must be respected in administrative proceedings. Since then, these "cardinal primary rights" have stood as the standard in testing due process claims in administrative cases.

Calalang v. Williams, 70 Phil. 726 (1940) was a seemingly innocuous case involving a challenge raised by a private citizen to a traffic regulation banning kalesas from Manila streets during certain afternoon hours. The Court, through Laurel, upheld the regulation as within the police power of the government. But in rejecting the claim that the regulation was violative of social justice, Laurel would respond with what would become his most famous aphorism, which is to this day widely quoted by judges and memorized by Filipino law students:

Social justice is neither communism, nor despotism, nor atomism, nor anarchy, but the humanization of laws and the equalization of social and economic forces by the State so that justice in its rational and objectively secular conception may at least be approximated. Social justice means the promotion of the welfare of all the people, the adoption by the Government of measures calculated to insure economic stability of all the competent elements of society, through the maintenance of a proper economic and social equilibrium in the interrelations of the members of the community, constitutionally, through the adoption of measures legally justifiable, or extra-constitutionally, through the exercise of powers underlying the existence of all governments on the time-honored principle of salus populi est suprema lex. Social justice, therefore, must be founded on the recognition of the necessity of interdependence among divers and diverse units of a society and of the protection that should be equally and evenly extended to all groups as a combined force in our social and economic life, consistent with the fundamental and paramount objective of the state of promoting the health, comfort, and quiet of all persons, and of bringing about "the greatest good to the greatest number.[this quote needs a citation]

Presidency[edit]

Presidential styles of
Jose P. Laurel
Reference style His Excellency[4]
Spoken style Your Excellency
Alternative style Mr. President
Postage stamps issued by the Japanese-controlled Second Philippine Republic in commemoration of its first anniversary. Depicted on the stamps is President Laurel

The presidency of Laurel understandably remains one of the most controversial in Philippine history. After the war, he would be denounced in some quarters[who?] as a war collaborator or even a traitor, although his indictment for treason was superseded by President Roxas' Amnesty Proclamation.

Accession[edit]

One of the many propaganda slogans made during the Laurel administration. Tagalog for "One Banner, One Nation, One Language".

When Japan invaded, President Manuel L. Quezon first fled to Bataan and then to the United States to establish a government-in-exile. Laurel's prewar, close relationship with Japanese officials (a son had been sent to study at the Imperial Military Academy in Tokyo, and Laurel had received an honorary doctorate from Tokyo University), placed him in a good position to interact with the Japanese occupation forces.

Laurel was among the Commonwealth officials instructed by the Japanese Imperial Army to form a provisional government when they invaded and occupied the country. He cooperated with the Japanese, in contrast to the decision of Filipino Chief Justice Abad Santos. Because he was well-known to the Japanese as a critic of US rule, as well as having demonstrated a willingness to serve under the Japanese Military Administration, he held a series of high posts in 1942–1943. In 1943, he was shot by Philippine guerrillas while playing golf at Wack Wack Golf and Country Club, but he quickly recovered. Later that year, he was selected, by the National Assembly, under vigorous Japanese influence, to serve as President.

Cabinet[edit]

OFFICE NAME TERM
President José P. Laurel October 14, 1943 – August 17, 1945
Prime Minister Jorge B. Vargas October 14, 1943 – August 17, 1945
Minister of Agriculture and Commerce Rafael Alunan October 14, 1943 – August 17, 1945
Minister of Health, Labor and Public Instructions Emiliano Tria Tirona October 14, 1943 – August 17, 1945
Minister of Finance Antonio de las Alas October 14, 1943 – August 17, 1945
Minister of Foreign Affairs Claro M. Recto October 14, 1943 – August 17, 1945
Minister of Justice Quintin Paredes October 14, 1943 – August 17, 1945
Minister of Education Camilo Osías October 14, 1943 – August 17, 1945
Minister of Home Affairs Teofilo Sison October 14, 1943 – August 17, 1945
Chief Cabinet Secretary Emilio Abello August 31, 1944 – August 17, 1945

Domestic policies[edit]

Economy[edit]

During Laurel's tenure as President, hunger was the main worry. Prices of essential commodities rose to unprecedented heights. The government exerted every effort to increase production and bring consumers' goods under control. However, Japanese rapacity had the better of it all. On the other hand, guerrilla activities and Japanese retaliatory measures brought the peace and order situation to a difficult point. Resorting to district-zoning and domiciliary searches, coupled with arbitrary arrests, the Japanese made the mission of Laurel's administration incalculably exasperating and perilous.[5]

Food shortage[edit]

During his presidency, the Philippines faced a crippling food shortage which demanded much of Laurel's attention.[6] Rice and bread were still available but the sugar supply was gone.[7] Laurel also resisted in vain Japanese demands that the Philippines issue a formal declaration of war against the United States. There were also reports during his presidency of the Japanese military carrying out rape and massacre towards the Filipino population.

Foreign policies[edit]

Philippine-Japanese Treaty of Alliance[edit]

On October 20, 1943 the Philippine-Japanese Treaty of Alliance was signed by Claro M. Recto, who was appointed by Laurel as his Foreign Minister, and Japanese Ambassador to Philippines Sozyo Murata. One redeeming feature was that no conscription was envisioned.[5]

Greater East Asia Conference[edit]

Greater East Asia Conference

Shortly after the inauguration of the Second Philippine Republic, President Laurel, together with cabinet Ministers Recto and Paredes flew to Tokyo to attend the Greater East Asia Conference which was an international summit held in Tokyo, Japan from November 5 – 6, 1943, in which Japan hosted the heads of state of various component members of the Greater East Asia Co-Prosperity Sphere. The conference was also referred to as the Tokyo Conference.

The Conference addressed few issues of any substance, but was intended from the start as a propaganda show piece, to illustrate the Empire of Japan's commitments to the Pan-Asianism ideal and to emphasize its role as the "liberator" of Asia from Western colonialism.[8]

Martial law[edit]

Laurel declared the country under martial law in 1944 through Proclamation No. 29, dated September 21[citation needed]. Martial law came into effect on September 22, 1944 at 9 am.[citation needed]. Proclamation No. 30 was issued the next day, declaring the existence of a state of war between the Philippines and the United States and the United Kingdom. This took effect on September 23, 1944 at 10:00 A.M.[citation needed].

Resistance[edit]

Due to the nature of Laurel's government, and its connection to Japan, a sizable portion of the population actively resisted his presidency,[9] supporting the exiled Commonwealth government;[10] which is not to say that his government did not have forces against that resistance.[10]

Assassination attempt[edit]

On June 5, 1943, Laurel was playing golf at the Wack Wack Golf Course in Mandaluyong when he was shot around 4 times with a 45 caliber pistol.[11] The bullets barely missed his heart and liver.[11] He was rushed by his golfing companions, among them FEU president Nicanor Reyes, Sr., to the Philippine General Hospital where he was operated by the Chief Military Surgeon of the Japanese Military Administration and Filipino surgeons.[11] Laurel enjoyed a speedy recovery.

Two suspects to the shooting were reportedly captured and swiftly executed by the Kempetai.[12] Another suspect, a former boxer named Feliciano Lizardo, was presented for identification by the Japanese to Laurel at the latter's hospital bed, but Laurel then professed unclear memory.[12] However, in his 1953 memoirs, Laurel would admit that Lizardo, by then one his bodyguards, was indeed the would-be-assassin.[12] Still, the historian Teodoro Agoncillo in his book on the Japanese occupation, identified a captain with a guerilla unit as the shooter.[12]

Dissolution of the regime[edit]

Laurel (left) being taken into U.S. custody at Osaka Airport in 1945, along with Benigno Aquino, Sr. (center) and José Laurel III.

On July 26, 1945, the Potsdam Declaration served upon Japan an ultimatum to surrender or face utter annihilation. The Japanese government refused the offer. On August 6, 1945, Hiroshima, with some 300,000 inhabitants, was almost totally destroyed by an atomic bomb dropped from an American plane. Two days later, the Soviet Union declared war against Japan.[13] The next day, August 9, 1945, a second atomic bomb was dropped on Nagasaki. The Allied Forces' message now had a telling effect: Japan unconditionally surrendered to the Allied Powers on August 15, 1945.[5]

Since April 1945, President Laurel, together with his family and Cabinet member Camilo Osías, Speaker Benigno Aquino, Sr., Gen. Tomas Capinpin, and Ambassador Jorge B. Vargas, had been in Japan. Evacuated from Baguio shortly after the city fell, they traveled to Aparri and thence, on board Japanese planes, had been taken to Japan. On August 17, 1945, from his refuge in Nara, Japan, President Laurel issued an Executive Proclamation which declared the dissolution of his regime.[5]

Post-presidency[edit]

1949 presidential election[edit]

On October 17, the Japanese forces surrendered to the United States. Gen. Douglas MacArthur ordered Laurel arrested for collaborating with the Japanese. In 1946 he was charged with 132 counts of treason, but was never brought to trial due to the general amnesty granted by President Manuel Roxas in 1948.[14] Laurel ran for president against Elpidio Quirino in 1949 but lost in what was then considered by future Secretary of Foreign Affairs Carlos P. Romulo and Marvin M. Gray as the dirtiest election in Philippine electoral history.[15]

Return to the senate[edit]

At Malacañan Palace, 1955. Clockwise, from top left: Senator Edmundo Cea, Former President José P. Laurel, Sr., Senator Primicias, Senate President Eulogio A. Rodriguez, Sr., President Ramon F. Magsaysay, & House Speaker José B. Laurel, Jr.

Laurel was elected to the Senate in 1951, under the Nacionalista Party. He was urged to run[by whom?] for President in 1953, but declined, working instead for the successful election of Ramon Magsaysay. Magsaysay appointed Laurel head of a mission tasked with negotiating trade and other issues with United States officials, the result being known as the Laurel–Langley Agreement.

Retirement and death[edit]

Laurel considered his election to the Senate as a vindication of his reputation.[citation needed] He declined to run for re-election in 1957. He retired from public life, concentrating on the development of the Lyceum of the Philippines established by his family.

During his retirement, Laurel stayed in a 1957 3-story, 7-bedroom mansion in Mandaluyong City, dubbed "Villa Pacencia" after Laurel's wife. The home was one of three residences constructed by the Laurel family, the other two being in Tanauan, Batangas and in Paco, Manila (called "Villa Peñafrancia"). In 2008, the Laurel family sold "Villa Pacencia" to Senate President Manny Villar and his wife Cynthia.[16]

On November 6, 1959, Laurel died at the Our Lady of Lourdes Hospital, in Manila,[17] from a massive heart attack and a stroke. He is buried in Tanuan.

Notes[edit]

  1. ^ G.R. No. L-7037, March 15, 1912
  2. ^ American Colonial Careerist, p. 104
  3. ^ a b Justices of the Supreme Court, p. 175
  4. ^ "Official Program Aquino Inaugural (Excerpts)". 
  5. ^ a b c d Molina, Antonio. The Philippines: Through the centuries. Manila: University of Sto. Tomas Cooperative, 1961. Prin
  6. ^ By Sword and By Fire, p. 137
  7. ^ Joaquin, Nick (1990). Manila, My Manila. Vera-Reyes, Inc. 
  8. ^ Gordon, Andrew (2003). The Modern History of Japan: From Tokugawa Times to the Present. Oxford University Press. p. 211. ISBN 0-19-511060-9. Retrieved April 13, 2008. 
  9. ^ "Philippine History". DLSU-Manila. Retrieved January 27, 2011. "Japan's efforts to win Filipino loyalty found expression in the establishment (Oct. 14, 1943) of a "Philippine Republic", with José P. Laurel, former supreme court justice, as president. But the people suffered greatly from Japanese brutality, and the puppet government gained little support." 
  10. ^ a b Halili, M.c. (2004). Philippine history. Rex Bookstore, Inc. pp. 235–241. ISBN 978-971-23-3934-9. Retrieved January 27, 2011. 
  11. ^ a b c Ocampo, Ambeth (2000) [1995]. "The Irony of Tragedy". Bonifacio's Bolo (4th ed.). Pasig City: Anvil Publishing. p. 60. ISBN 971-27-0418-1. 
  12. ^ a b c d Ocampo, Ambeth (2000) [1995]. "The Irony of Tragedy". Bonifacio's Bolo (4th ed.). Pasig City: Anvil Publishing. p. 61. ISBN 971-27-0418-1. 
  13. ^ Molina, Antonio. The Philippines: Through the centuries. Manila: University of Santo Tomas Cooperative, 1961. Print.
  14. ^ "Proclamation No. 51". Presidential Communications Development and Strategic Planning Office. Republic of the Philippines. Retrieved January 25, 2011. 
  15. ^ "Elpidio Quirino". Retrieved 2009-08-09. 
  16. ^ Gerry Lirio (July 13, 2008). "Villars take over storied Laurel house on Shaw Blvd". Philippine Daily Inquirer. Retrieved March 22, 2009. 
  17. ^ Justices of the Supreme Court, p. 176

References[edit]

  • Laurel, Jose P. (1953). Bread and Freedom. 
  • Zaide, Gregorio F. (1984). Philippine History and Government. National Bookstore Printing Press. 
  • Sevilla, Victor J. (1985). Justices of the Supreme Court of the Philippines Vol. I. Quezon City, Philippines: New Day Publishers. pp. 79–80, 174–176. ISBN 971-10-0134-9. 
  • Malcolm, George A. (1957). American Colonial Careerist. United States of America: Christopher Publishing House. pp. 103–104, 96–97, 139, 249–251. 
  • Aluit, Alfonso (1994). By Sword and Fire: The Destruction of Manila in World War II February 3 – March 3, 1945. Philippines: National Commission for Culture and the Arts. pp. 134–138. ISBN 971-8521-10-0. 
  • Ocampo, Ambeth (2000) [1995]. "The Irony of Tragedy". Bonifacio's Bolo (4th ed.). Pasig City: Anvil Publishing. pp. 60–61. ISBN 971-27-0418-1. 
  • [1]

External links[edit]

Legal offices
Preceded by
George A. Malcolm
Associate Justice of the Supreme Court
1936–1941
Court reorganised
Political offices
Preceded by
Manuel L. Quezon
as president of the Philippines
President of the Republic of the Philippines
October 14, 1943 – October 17, 1945
Succeeded by
Sergio Osmeña
as president of the Philippines
Preceded by
Jorge B. Vargas (de facto)
as Presiding Officer of the Philippine Executive Commission
President of the Republic of the Philippines
October 14, 1943 – October 17, 1945
Succeeded by
Sergio Osmeña
as president of the Philippines