Tag Council of State

July 31, 1945 Tuesday

Yesterday, I received a long letter from my wife containing plenty of news.

Immediately after the occupation of Manila, Gen. Maeda, Chief of Staff of the Army of Occupation, sent a message to Vargas, then Mayor and a ranking Member of the Cabinet, giving instructions that a governmental organization be created to carry out the policy of the Japanese contained in a proclamation issued by Gen. Homma, Commander in Chief, par. 3 of which provides:

The authorities and the people of the Commonwealth should sever the relations with the United States of America and trust the just and fair administration of the Army, obeying faithfully all its commands, cooperating voluntarily with it in its stationing and activities here and supplying military supplies when asked.

In his inaugural address at the opening session of the First Congress of Philippines on June 9, 1945, Speaker Jose Zulueta quoted the declaration of prominent people (34) assembled at the house of Speaker Yulo in response to Gen. Maeda’s orders.

In response to the Message of Your Excellency as Commander-in-Chief of the Imperial Japanese Forces, on the 8th of January 1942, through Hon. Jorge B. Vargas, we have duly taken note of the contents thereof and respectfully express our gratitude for your Excellency’s words of solicitude over the welfare of our people.

We beg to inform Your Excellency that, in compliance with your advice, and having in mind the great ideals, the freedom and the happiness of our country, we are ready to obey to the best of our ability and within the means at our disposal the orders issued by the Imperial Japanese Forces for the maintenance of peace and order and the promotion of the well-being of our people under the Japanese military administration. Consequently, we have constituted ourselves into a provisional Philippine Council of State and we are immediately proceeding to draft our Articles of Organization in line with your Excellency’s advice.

I am not sure that the above is the exact text of the letter we signed. I took notes of all that happened and what were said in the meetings held in the house of Speaker Yulo, but unfortunately I lost them all when my house was burned.

I recollect very distinctly that we drafted and redrafted our answer many times. In the original draft instead of “advice” in the second paragraph it was “order”, we wanted to make the people know that we did not voluntarily offer our services, but that we were ordered to organize some form of administration. Our proposition was not accepted by the Japanese and we had to accept “advice” as a substitute. Instead of the “great ideals” and “freedom”, we used “independence” in the original. It will be remembered that from the very beginning we did not want to accept anything unless the independence of our country was assured. Without such assurance we were prepared to suffer whatever consequences our refusal may bring. The Japanese, on the other hand, did not want anything inserted referring to our independence. But in view of our insistence, they communicated with Tokyo for instructions. Tokyo apparently agreed to our demands; in fact, on the 21st of January, Premier Tojo delivered a speech before the Diet which, among other things, announced their policy of granting our independence upon compliance of certain conditions. The authorities, insisted in the use of “grand ideals” and “freedom”. Upon an inquiry, however, this was clarified to mean independence.

The inaugural speech of Speaker Zulueta was pronounced unanimously as an excellent speech. It showed that Mr. Zulueta has matured to statesman. His defense of the collaborators was superb. His statement of facts, however, was not exactly correct. We did not immediately constitute ourselves as Council of State. The meetings in the house of Speaker Yulo were informal. Those who attended were called by the Speaker to consider the order of the Japanese Military authorities. The statement in our answer about constituting ourselves into a provisional Council of State was the first mention of any Council of State, and as may be seen, it was only provisional and had yet to be approved by the Japanese military administration.

A newspaper has published that persons close to official circles have given the news that “small collaborationists” may be released when the Japanese pockets still in existence in the Philippines are wiped out, inasmuch as military security could no longer be endangered. “Big collaborationists” like members of the Cabinet of the last Republic, will be detained during the duration of the war, but they may be released upon the guarantee of the Philippine government.

To me, this is not good news. Why should there be any distinction between big and small? Insofar as military security is concerned, the small collaborationists are just as dangerous, if not more dangerous, than the big collaborationists.

The guarantee required of the Philippine government will place us in the vortex of politics. We will be placed into the hands of politicians. This is precisely what I have been fearing. I fear that our release or continuation under detention would depend upon whether it will favor or prejudice the political aspirations of the official concerned.

In connection with our letter mentioned previously, it should be added that we purposely used the word “obey” in order to indicate that we were being ordered, thereby attaining the purpose we had in wishing to use the word “order” in the first part of the second paragraph.

On July 25, 1945, there was a Reuter’s dispatch from Washington, substantially saying as follows: Senator Albert Chandler (Democrat, Kentucky) and a member of the Senate Military Affairs Committee told Reuter today, “I shall make use of the Senate Debate on the ratification of the San Francisco Charter to bring to the attention of my colleagues the question of the political future of India.

“I have studied with great care the reference in the Charter to dependent territories, and I would like to clarify the position that India would occupy in this new world organization.

“The Charter promises ultimate independence to all countries and I would like to know what steps can be taken by the new organization to bring about India’s complete freedom and independence.”

The Senate voted against the United States’ participation in Pres. Wilson’s League of Nations. This time the participation in the new league was approved and thus commits America to full-scale cooperation in the New World order. There are many causes of the failure of the former League of Nations. To me, one of them which I consider one of the main causes, is the failure to draw in the United States. Any world organization without the United States cannot endure. This is not only because of the greatness and importance of the United States among nations but also because she has assumed a virtual protectorate of the North and South American continents. This protectorate will extend to the Philippines.

I have already commented on the San Francisco World Charter insofar as its provisions referring to dependent peoples are concerned. I criticized this provision for not being clear and specific enough. There should not be the least doubt that the Charter will insure independence to small states and dependent peoples. Colonization must be eliminated for all time. This is necessary, not only to prevent wars between two or more nations, but also to avoid revolutions, rebellions, massacres, or just individual cases of killing, imprisonment or political persecution. If this policy had been implanted about the middle of the 17th century, there would not have occurred the American revolution; there would not have been recorded the many bloody revolutions of South American countries; we would not have suffered on account of our revolution against Spain. Rebellions of dependent peoples have caused death and untold suffering of a great number of people. Massacres, like that of Amritzar, India, have taken place because of the libertarian movements on the part of the people. How many lives have been lost for the cause of liberty! How many have languished in Britain for heading or championing separatist or liberal movements! How many have been deported, banished from the country that has given them life, and separated from their dear ones! All these horrors must be prevented at all costs.

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            Autograph hunting continues. To Dr. Lanuza, I said: “Together we shall be up to the end of the journey.” What I mean is that having suffered together we shall be united in all efforts to win our vindication and to serve our country.

To Mr. Carmona: “I shall never forget the days when we together shared equally the joys and sorrows of life. This has cemented the friendship which binds me with you.”

July 21, 1945 Saturday

This is inspection day. We prepared our bed, baggage, everything. My family will be surprised at how well I can arrange my things. This is one of the many good things we have learned here. The bed cover is neatly folded, the mosquito net properly placed. Our mess kit and toilet articles, all very shiny, are meticulously arranged on our bed. It is a pleasure to see them.

After the inspection, Col. Gilfilan suddenly appeared in our quarters and engaged Minister Paredes in conversation. As usual, whenever he comes we get jitterly expecting that he was going to give us hell. After the appropriate preliminaries, they proceeded to discuss our case. Evidently, the Colonel had already submitted our letter to General MacArthur. He added that he had other papers about us but he had not seen our memorandum submitted to Mr. Stanford of the C.I.C. As reported by Mr. Paredes the conversation is substantially as follows:

The Colonel came prejudiced against us. Like others, he thought we had willingly collaborated with the Japanese, committed acts constituting treason to our country, and harbored anti-American feelings.

Paredes related how we happened to be in the service during the Japanese regime. He said that under the circumstances, we could not possibly do otherwise unless we wanted to endanger the lives of our people. We need not wait for guns to be pointed at us. The Japanese did not hesitate to arrest, punish and even kill. The people were unprotected. Furthermore, there was the danger of the administration falling into the hands of real pro-Japanese men like Ricarte, or of irresponsible rascals, like Benigno Ramos. These men had acted before and during the Japanese occupation as spies. They had not only baited the Japanese to commit atrocities but had no hesitation themselves to rob, abuse and even kill. This was the situation. We had to choose between inaction or action, hiding in the mountains or acceptance of the office which placed us in a position to protect or serve our people as best we could. We harbored no illusions about it but we preferred to take our chances to see what we could do for our people. We feel we did a satisfactory job. So many were killed; more than 500,000 people died because of Japanese brutality. But what would have happened if we did not accept? Knowing now what the Japanese are capable of, it will not be an exaggeration to say that at least one fourth of our population would have perished.

The Colonel nodded with approval. But evidently there were many doubts lingering in his mind. He asked why the Republic declared war against the United States. Paredes explained. He said that even before the inauguration of the Republic, Pres. Laurel was called to Tokyo where Premier Tojo himself expressed their desire for the Philippines to declare war against the United States and Great Britain. The Japanese Premier was very insistent. Laurel boldly refused. He spoke with frankness. He reasoned out that it would not be decent for us to declare war against the United States. The reasoning of Laurel was so sound that the Filipinos present, Aquino and Vargas, were astounded. No publication was ever made of the incident, but rumors about the incident rapidly spread and the people admired his courage. Tojo did not compel Laurel, but the Japanese never gave up on the idea. Every time there was a propitious occasion, the Commander-in-Chief and other generals spoke to the President about the declaration of war.

But the most serious request was when U.S. air attacks on Davao began. It should be remembered that there was a Pact of Alliance between the Philippines and Japan. The Japanese invoked the provisions of the Treaty.

A word about this treaty must be said. It was a treaty of Amity and Alliance. It was given wide publicity by the Japanese; they presented it as an outright alliance. The full document was never published. It was really a unilateral agreement. Whereas Japan had to fight for us, we were not under any obligation to help or fight with them. But of course, lest our true colors be discovered, we accepted that if the Philippines were attacked, we would defend our territory. In the case of Davao, Laurel did not consider it a threat to our territorial integrity, so he did not declare war. He promulgated, however, a proclamation declaring martial law. He thought this would satisfy the Japanese, but it did not — they kept requesting that formal declaration of war be made. American air bombardment of Manila took place on the 21st of September 1944. The Commanding General and the Ambassador saw the President and insisted on a declaration of war. We had special meetings of the Cabinet and secretly we planned what to do. It was evident that the members of the Cabinet were against it, and almost all the assemblymen. So were the members of the Council of State composed of Chief Justice Avanceña as Chairman, and Messrs. Miguel Unson, Pedro Aunario, Ramon Fernandez and Jose Paez. Even the President himself was not in favor. But above all, the people were decidedly against it.

But Roxas had a vision. He could see what could happen if something was not done. So he advised the President to issue some kind of a proclamation about the war. The Constitution provides that war can only be declared by the President with the concurrence of the National Assembly. The Japanese offered to facilitate plans to bring the assemblymen to Manila. But we made every effort to prevent a quorum in the Assembly. It was unanimously approved that no declaration of war be made; that a mere state of war be declared. There is of course a big difference between the two. The declaration of a state of war merely recognizes the state then existing which was the armed conflict prevailing in the Philippines. Every effort was made to eliminate as much as possible statements concerning America without the Japanese noticing it. As part of the plan, the President, a day or two before the declaration was issued, stated that there would be no conscription of the Filipino youth. Pres. Laurel somehow learned that the Japanese would order the conscription of the Filipino youth. The young people would be trained to fight Filipino and American forces. The proclamation contained no provision for conscription. In making the assurance, his intention was to be able to answer the Japanese in case they asked for such conscription, that his prestige would be adversely affected if he did not stand by his word. What good is a declaration of war without conscription? These are the facts. But of course the Japanese announced to the world that it was an outright declaration of war.

Colonel Gilfilan also asked about the labor conscription. It was also explained that this is one of those things that just could not be avoided. But let us examine the wording of the proclamation. It will be seen that it is a useless proclamation. It provides that labor conscription may be ordered by the Military Governor when deemed necessary.

The Colonel expressed surprise, “Did Laurel do all that?” He made Paredes to understand that he did not consider us guilty of any punishable act. He stated, though it is not known whether it was said jokingly, that a jury better be created and he be made a member of it.

He is confident that we will be detained only during the duration of the war. He said that his tour of duty is already over but he decided to stay until we were released. This is interpreted by us to mean that the war may end soon. As the Colonel started to leave, he stated that he would help us.

There is a lot of speculation as to why he came. Some believe that he knows something more definite about our early release, and so he wanted to have closer relations with us. Others say that he is authorized to investigate our case and was investigating our case. The rest believe that something involving us is going on in Manila and that the Colonel had been called for a conference. He is preparing himself.

Needless to say, our hopes are again quite high.