Sovereignty of the Philippines: Difference between revisions
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The '''Sovereignty of the Philippines''' refers to the status of the [[Philippines|Philippine]] [[Nation]] as an [[Independent]] [[sovereign state]]. This article covers sovereignty transitions relating to the Philippines, with particular emphasis on the passing of sovereignty from [[Spain]] to the [[United States]] in the [[Treaty of Paris (1898)]], signed on December 10, 1898 to end the [[Spanish-American War]]. |
The '''Sovereignty of the Philippines''' refers to the status of the [[Philippines|Philippine]] [[Nation]] as an [[Independent]] [[sovereign state]]. This article covers sovereignty transitions relating to the Philippines, with particular emphasis on the passing of sovereignty from [[Spain]] to the [[United States]] in the [[Treaty of Paris (1898)]], signed on December 10, 1898 to end the [[Spanish-American War]]. |
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===Philippine declaration of independence, Revolutionary government=== |
===Philippine declaration of independence, Revolutionary government=== |
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On June 12, 1898, the [[Philippine Declaration of Independence]] was proclaimed at an event led by Emilio Aguinaldo in his mansion in [[Kawit, Cavite]] (this proclamation did not address the [[de-jure]] status of the Spanish colonial government, which continued to exist under the Spanish national government then embroiled in the Spanish-American War). On June 23, Aguinaldo issued a decree replacing the Dictatorial Government with a Revolutionary Government.<ref name=Kalaw1927appC>{{harvnb|Kalaw|1927|pp=[http://quod.lib.umich.edu/cgi/t/text/pageviewer-idx?c=philamer&cc=philamer&idno=afj2233.0001.001&frm=frameset&view=image&seq=443 423-429]}} Appendix C</ref> |
On June 12, 1898, the [[Philippine Declaration of Independence]] was proclaimed at an event led by Emilio Aguinaldo in his mansion in [[Kawit, Cavite]] (this proclamation did not address the [[de-jure]] status of the Spanish colonial government, which continued to exist under the Spanish national government then embroiled in the Spanish-American War).{{cn}}{{dubious}} On June 23, Aguinaldo issued a decree replacing the Dictatorial Government with a Revolutionary Government.<ref name=Kalaw1927appC>{{harvnb|Kalaw|1927|pp=[http://quod.lib.umich.edu/cgi/t/text/pageviewer-idx?c=philamer&cc=philamer&idno=afj2233.0001.001&frm=frameset&view=image&seq=443 423-429]}} Appendix C</ref> |
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===Peace protocol, capture of Manila, Treaty of Paris=== |
===Peace protocol, capture of Manila, Treaty of Paris=== |
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On August 13, with American commanders unaware that a peace protocol had been signed in [[Washington D.C.|Washington]] between Spain and the United States on the previous day, American forces captured the city of Manila from the Spanish.<ref>{{Citation |url=http://www.loc.gov/rr/hispanic/1898/intro.html |title=The World of 1898: The Spanish-American War |publisher=U.S. Library of Congress |accessdate=2007-10-10}}</ref>. The next day, August 14, the U.S. established a military government in the Philippines, with [[Major General]] [[Wesley Merritt]] as the first [[military governor]].<ref>{{Harvnb|Zaide|1994|p=279}}</ref> General Merritt received news of the August 12 peace protocol on August 16, three days after the surrender of Manila.<ref name=Halstead1898p108>{{Harvnb|Halstead|1898|p=[http://www.gutenberg.org/catalog/world/readfile?fk_files=58428&pageno=108 108]}} Ch.10</ref> |
On August 13, with American commanders unaware that a peace protocol had been signed in [[Washington D.C.|Washington]] between Spain and the United States on the previous day, American forces captured the city of Manila from the Spanish.<ref>{{Citation |url=http://www.loc.gov/rr/hispanic/1898/intro.html |title=The World of 1898: The Spanish-American War |publisher=U.S. Library of Congress |accessdate=2007-10-10}}</ref>. The next day, August 14, the U.S. established a military government in the Philippines, with [[Major General]] [[Wesley Merritt]] as the first [[military governor]].<ref>{{Harvnb|Zaide|1994|p=279}}</ref> General Merritt received news of the August 12 peace protocol on August 16, three days after the surrender of Manila.<ref name=Halstead1898p108>{{Harvnb|Halstead|1898|p=[http://www.gutenberg.org/catalog/world/readfile?fk_files=58428&pageno=108 108]}} Ch.10</ref> |
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As a consequence of its defeat, Spain transferred its rights over the Philippine archipelago to the U.S., with the Philippines ceasing to be a colony of Spain and becoming a colony of the U.S.<ref>{{Harvnb|Ko|1990|p=[http://books.google.com/books?id=H1ecjepq80QC&pg=PA339 339]}}</ref> On December 10, 1898, the [[Treaty of Paris (1898)|Treaty of Paris]] was signed between Spain and the United States, ending the Spanish-American war. In article III of this treaty, Spain [[Cession|cede]]d the Philippines to the United States.<ref name="Yale">"Spain cedes to the United States the archipelago known as the Philippine Islands, and comprehending the islands lying within the following line: ..." (precise geographic description elided). The United States will pay to Spain the sum of twenty million dollars ($20,000,000) within three months after the exchange of the ratifications of the present treaty", {{cite web |date=2009 |url = http://avalon.law.yale.edu/19th_century/sp1898.asp|title = Treaty of Peace Between the United States and Spain; December 10, 1898 |format = HTML |publisher = [[Yale]]| accessdate = 2009-05-01 | last= |quote=}}</ref> [[Felipe Agoncillo]], who had been assigned by Aguinaldo as Ambassador to the United States, had traveled to Paris but had been refused admission to the conference. He worked hard to prevent the ratification of the treaty by Spain, but failed. Returning to Paris, he sent a message to Aguinaldo about the refusal of the United States and other foreign powers to recognize the independence of the Philippines.<ref>{{Harvnb|Ongsotto|Ongsotto|2002|p=[http://books.google.com.ph/books?id=ITLRpPrrcykC&pg=PA150 150]}}</ref> |
As a consequence of its defeat, Spain transferred its rights over the Philippine archipelago to the U.S., with the Philippines ceasing to be a colony of Spain and becoming a colony of the U.S.<ref>{{Harvnb|Ko|1990|p=[http://books.google.com/books?id=H1ecjepq80QC&pg=PA339 339]}}</ref> On December 10, 1898, the [[Treaty of Paris (1898)|Treaty of Paris]] was signed between Spain and the United States, ending the Spanish-American war. In article III of this treaty, Spain [[Cession|cede]]d the Philippines to the United States.<ref name="Yale">"Spain cedes to the United States the archipelago known as the Philippine Islands, and comprehending the islands lying within the following line: ..." (precise geographic description elided). The United States will pay to Spain the sum of twenty million dollars ($20,000,000) within three months after the exchange of the ratifications of the present treaty", {{cite web |date=2009 |url = http://avalon.law.yale.edu/19th_century/sp1898.asp|title = Treaty of Peace Between the United States and Spain; December 10, 1898 |format = HTML |publisher = [[Yale]]| accessdate = 2009-05-01 | last= |quote=}}</ref> [[Felipe Agoncillo]], who had been assigned by Aguinaldo as Ambassador to the United States, had traveled to Paris but had been refused admission to the conference. He worked hard to prevent the ratification of the treaty by Spain, but failed. Returning to Paris, he sent a message to Aguinaldo about the refusal of the United States and other foreign powers to recognize the independence of the Philippines.<ref>{{Harvnb|Ongsotto|Ongsotto|2002|p=[http://books.google.com.ph/books?id=ITLRpPrrcykC&pg=PA150 150]}}</ref> |
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During the entire time that the Filipino revolutionary movement developed as described above, first under Bonifacio and later under Makabulos and Aguinaldo, the Philippines was under Spanish [[sovereignty]]. The Filipino revolutionary movement was an [[insurgency]] against the Spanish colonial government, and the various "governments" described above were insurgent governments. |
During the entire time that the Filipino revolutionary movement developed as described above, first under Bonifacio and later under Makabulos and Aguinaldo, the Philippines was under Spanish [[sovereignty]].{{cn}} The Filipino revolutionary movement was an [[insurgency]] against the Spanish colonial government,{{cn}} and the various "governments" described above were insurgent governments.{{cn}} |
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By today's standards, a treaty of cession is void if it arises out of an act of annexation procured by the threat or use of force. Although the 1898 annexation of the Philippines by the U.S. would have been unlawful by today’s standards, it does not follow that the U.S. claims of sovereignty are unfounded. Under the doctrine of [[intertemporal law]], “a juridical fact must be appreciated in light of the law contemporary with it, and not the law in force at the time when a dispute in regard to it arises or falls to be settled.” Thus, the legality of any act should be determined in accordance with the law of the time the act was committed, and not by reference to law as it might have become at a later date.<ref name=Bautistap2009pp11-12>{{Harvnb|Bautista|2009|pp=11-12}}</ref> By the [[Westphalian sovereignty]] standards of the late 19th century, the cessation of these territories by Spain to the U.S. was valid.<ref name=Bautistap2009pp13-14>{{Harvnb|Bautista|2009|pp=13-14}}</ref> |
By today's standards, a treaty of cession is void if it arises out of an act of annexation procured by the threat or use of force. Although the 1898 annexation of the Philippines by the U.S. would have been unlawful by today’s standards, it does not follow that the U.S. claims of sovereignty are unfounded. Under the doctrine of [[intertemporal law]], “a juridical fact must be appreciated in light of the law contemporary with it, and not the law in force at the time when a dispute in regard to it arises or falls to be settled.” Thus, the legality of any act should be determined in accordance with the law of the time the act was committed, and not by reference to law as it might have become at a later date.<ref name=Bautistap2009pp11-12>{{Harvnb|Bautista|2009|pp=11-12}}</ref> By the [[Westphalian sovereignty]] standards of the late 19th century, the cessation of these territories by Spain to the U.S. was valid.<ref name=Bautistap2009pp13-14>{{Harvnb|Bautista|2009|pp=13-14}}</ref>{{Failed verification}}{{syn}} |
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==Philippine-American War period== |
==Philippine-American War period== |
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===First Philippine Republic=== |
===First Philippine Republic=== |
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{{Main|History of the Philippines (1521–1898)}} |
{{Main|History of the Philippines (1521–1898)}} |
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On January 22, 1899, the promulgation of the [[Malolos Constitution]] replaced Aguinaldo's insurgent revolutionary government with the [[First Philippine Republic]]; also an insurgent government, but insurgent against the United States instead of against Spain. |
On January 22, 1899, the promulgation of the [[Malolos Constitution]] replaced Aguinaldo's insurgent revolutionary government with the [[First Philippine Republic]]; also an insurgent government, but insurgent against the United States instead of against Spain. |
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==Independence and sovereignty== |
==Independence and sovereignty== |
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{{Main|Philippine independence}} |
{{Main|Philippine independence}} |
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Philippine independence finally came on July 4, 1946, with the signing of the [[Treaty of Manila (1946)|Treaty of Manila]] between the governments of the United States and the Philippines. The treaty provided for the recognition of the independence of the Republic of the Philippines and the relinquishment of American sovereignty over the Philippine Islands.<ref name=UN254>{{Citation |
Philippine independence finally came on July 4, 1946, with the signing of the [[Treaty of Manila (1946)|Treaty of Manila]] between the governments of the United States and the Philippines. The treaty provided for the recognition of the independence of the Republic of the Philippines and the relinquishment of American sovereignty over the Philippine Islands.<ref name=UN254>{{Citation |
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|url=http://untreaty.un.org/unts/1_60000/1/6/00000254.pdf |
|url=http://untreaty.un.org/unts/1_60000/1/6/00000254.pdf |
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==Philippine Supreme Court statements regarding sovereignty== |
==Philippine Supreme Court statements regarding sovereignty== |
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{{POV-section}} |
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During the period when the military government exercised administrative control, the [[Taft Commission]] (created on March 16, 1900) exercised legislative powers. On June 11, 1901, the commission had passed the ''Judiciary Law'' (Act no. 126), vesting judicial power in the Supreme Court, Courts of First Instance and Justice of the Peace courts. |
During the period when the military government exercised administrative control, the [[Taft Commission]] (created on March 16, 1900) exercised legislative powers. On June 11, 1901, the commission had passed the ''Judiciary Law'' (Act no. 126), vesting judicial power in the Supreme Court, Courts of First Instance and Justice of the Peace courts. |
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At least two cases decided by the Philippine Supreme Court contain statements by the court concerning the exchange of sovereignty between Spain and the United States. |
At least two cases decided by the Philippine Supreme Court contain statements by the court concerning the exchange of sovereignty between Spain and the United States. |
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*In ''United States v. Smith'', the Philippine Supreme Court wrote that a complete separation of Church and State had been coused by the change of sovereignty from Spain to the United States.<ref> [http://www.lawphil.net/judjuris/juri1919/jan1919/gr_l-14057_1919.html ''United States v. Smith''], G.R. No. L-14057, January 22, 1919, [http://www.lawphil.net lawphil.net]</ref> |
*In ''United States v. Smith'', the Philippine Supreme Court wrote that a complete separation of Church and State had been coused by the change of sovereignty from Spain to the United States.<ref> [http://www.lawphil.net/judjuris/juri1919/jan1919/gr_l-14057_1919.html ''United States v. Smith''], G.R. No. L-14057, January 22, 1919, [http://www.lawphil.net lawphil.net]</ref> |
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*In ''Philippines vs. Lo-Lo and Saraw'', the court said, more clearly, "By the Treaty of Paris, Spain ceded the Philippine Islands to the United States." (i.e., directly, not via an intermediate Philippine government which held sovereignty for some period).<ref>[http://www.chanrobles.com/cralaw19221.htm ''Philippines vs. Lo-Lo and Saraw''], G. R. No. L-17958, February 27, 1922, [Judiciary Law of the Second Philippin ChanRobles Law Library].</ref> |
*In ''Philippines vs. Lo-Lo and Saraw'', the court said, more clearly, "By the Treaty of Paris, Spain ceded the Philippine Islands to the United States." (i.e., directly, not via an intermediate Philippine government which held sovereignty for some period).{{syn}}<ref>[http://www.chanrobles.com/cralaw19221.htm ''Philippines vs. Lo-Lo and Saraw''], G. R. No. L-17958, February 27, 1922, [Judiciary Law of the Second Philippin ChanRobles Law Library].</ref> |
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By the same token it can be argued then that Poland lost its sovereignty when the [[Molotov-Ribbentrop Pact]] was signed.{{fact|date=November 2009}}{{clarify|date=November 2009}} |
By the same token it can be argued then that Poland lost its sovereignty when the [[Molotov-Ribbentrop Pact]] was signed.{{fact|date=November 2009}}{{clarify|date=November 2009}} |
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Revision as of 22:18, 15 November 2009
 | It has been suggested that this article be merged into Philippine-American War. (Discuss) Proposed since November 2009. |
 | This article is missing information about all parties and conflicts of interest in the dispute and their positions and external factors affecting said positions. |
 | This article may have misleading content. |
 | This article is written like a personal reflection, personal essay, or argumentative essay that states a Wikipedia editor's personal feelings or presents an original argument about a topic. |
Template:Globalize/US Template:POV-title
The Sovereignty of the Philippines refers to the status of the Philippine Nation as an Independent sovereign state. This article covers sovereignty transitions relating to the Philippines, with particular emphasis on the passing of sovereignty from Spain to the United States in the Treaty of Paris (1898), signed on December 10, 1898 to end the Spanish-American War.
President of the United States William McKinley asserted U.S. sovereignty over the Philippines on December 21, 1898 in his Benevolent Assimilation Proclamation.[1]
In March of 1897 Emilio Aguinaldo, a leader of the Katipunan, had been elected President of a revolutionary government at the Tejeros Convention.[2] That government had been meant to replace the Katipunan, though the latter was not formally abolished until 1899. Aguinaldo was again elected President at Biak-na-Bato in November of 1897, leading the Biak-na-Bato Republic. Exiled in Hong Kong after the Pact of Biak-na-Bato, he returned to the Philippines to renew revolutionary activities with the advent of the Spanish-American War and, in May of 1898, formed a dictatorial government. In June of 1898, Aguinaldo proclaimed independence from Spanish sovereignty and transformed his dictatorial government into a revolutionary government. On January 22, 1899 (subsequent to the signing of the Treaty of Paris) Aguinaldo's government was constituted by the Malolos Congress and is is called the Malolos Republic as well as the First Philippine Republic (Spanish: Republica Filipina). Aguinaldo was again elected president in January 1899, and attempted unsuccessfully to persuade other countries to recognize his nascent government. Following the outbreak of general hostilities between U.S. and Filipino forces in February 1899, the Philippine-American War ensued. Aguinaldo's government effectively ceased to exist on April 1, 1901, when he pledged allegiance to the United States after being captured by U.S. forces in March of that year.
The Philippines continued as a U.S. territory until July 4, 1946, when the U.S. relinquished American sovereignty over the Philippine Islands and recognized the independence of the Republic of the Philippines. The current Philippine government considers Emilio Aguinaldo to have been the first President of the Philippines and considers the Malolos Republic as the "First" Philippine Republic.[3]
Sovereignty
 |
Sovereignty is the quality of having supreme, independent authority over a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided.
A sovereign state is a political association with effective internal and external sovereignty over a geographic area and population which is not dependent on, or subject to any other power or state.
As a practical matter, the question of sovereignty for the Philippines did not arise until near the end of the 19th century. The constitutive theory of statehood was developed in the 19th century to define what is and is not a state. With this theory, statehood depends on a entity's recognition by other countries.[4]
Spanish period
Early contact
Although they were not the first Europeans in the Philippines, the first well documented arrival of western Europeans in the archipelago was the Spanish expedition led by Portuguese-born Spanish explorer Ferdinand Magellan, which first sighted the mountains of Samar at dawn on 16 March 1521 (Spanish calendar). Magellan sought friendship among the natives beginning with Humabon, the chieftain of Sugbu (now Cebu), and took special pride in converting them to Catholicism. His involvement with the native tribes eventually led to his death on 27 April 1521 in the Battle of Mactan). After Magellan's voyage, subsequent Spanish expeditions were dispatched to the islands and, in 1543, Ruy López de Villalobos named the islands of Leyte and Samar Las Islas Filipinas after Philip II of Spain.[5] The singel surviving vessel from Magellan's fleet, the Victoria, returned to Spain in 1522, after which Spain claimed dominion over the Philippine archipelago on the basis of discovery, a valid mode of acquisition at the time.[6]
Spanish conquest
On April 27, 1565, Spanish conquistadores attacked the defiant Rajah Tupas, who had succeeded Rajah Humabon as king of Cebu.[7] Tupas was defeated and made to sign an agreement after his defeat, effectively placing the Philippines under Spain. On February 8, 1597, King Philip II, near the end of his 42 year reign, issued a Royal Cedula instructing to Francisco de Tello de Guzmán, then Governor-General of the Philippines in severe terms to fulfill the laws of tributes and to provide for restitution of ill-gotten taxes imposed on the natives. The Cedula also decreed an undertaking by which the natives (referred to as Indians), "... freely render to me submission." The decree was published in Manila on August 5, 1598. King Philip died on 13 September, just forty days after the publication of the decree, but his death was not known in the Philippines until middle of 1599, by which time a referendum by which the natives would acknowledge Spanish rule was underway. With the completion of the Philippine referendum of 1599, Spain could be said to have established legitimate sovereignty over the Philippines.[8]
Spanish rule
During Spain’s 333 year rule in the Philippines, the colonists had to fight off the Chinese pirates (who lay siege to Manila, the most famous of which was Limahong in 1574), Dutch forces, and Portuguese forces. Moros from western Mindanao and the Sulu Archipelago constantly raided the coastal Christian areas of Luzon and the Visayas and occasionally brought home loot and fair women. They often sold their captives as slaves. A British conquest of the Spanish Philippines occurred during the Seven Years War, with British occupation of the capital between 1762 and 1764. Also, there were a number of failed Philippine revolts during Spanish rule.
The Katipunan
On July 7, 1892, the night Filipino writer José Rizal was to be banished to Dapitan, Andrés Bonifacio, Teodoro Plata, Ladislao Diwa, and others founded the Katipunan, a secret organization opposed to Spanish rule. Its discovery in 1896 by the Spanish colonial government led to the outbreak of Philippine Revolution.
An article on the website of the Philippine Government's National Commission for Culture and the Arts asserts that the Katipunan became an "open de facto government" on 24 August 1896.[9] Emilio Aguinaldo wrote that the Cabinet conferred on Bonifacio the title Haring Bayan (English: Sovereign).[10] Filipino historian Gregario Zaide also wrote that the Katipunan was a government by itself.[11] However, the Katipunan were not recognized by other countries as the legitimate government of the Philippines.
At the Tejeros Convention held by the Katipunan on March 22, 1897, Emilio Aguinaldo was elected to the office of President.[12] Bonifacio, as chairman of the convention and Supremo if the Katipunan, voided the convention proceedings, but Aguinaldo (who had not been present at the convention) took his oath of office as President the next day in Santa Cruz de Malabon (present-day Tanza) in Cavite.[13] On November 1, 1897, a constitution written by Felix Ferrer and Isabelo Archero established the Republic of Biak-na-Bato, with Aguinaldo as President.
On December 14-15, 1897, the Pact of Biak-na-Bato suspended the revolution, with Aguinaldo and other Katipunan leaders agreeing to go into voluntary exile abroad.[14] General Francisco Makabulos of Tarlac, a Katipunan leader who did not go into exile, established the Central Executive Committee, which was intended to be a provisional government "until a general government in these islands shall again be established." This rebel government had a constitution, popularly called the constitution of Makabulos, which provided for an executive committee composed of a President, Vice President and Secretary of the Interior.[15]
Spanish-American War period
American hostilities, Aguinaldo's return, Dictatorial government
After the Philippines became a theater of operations in the Spanish-American War, with hostilities commencing on May 1, 1898 with the Battle of Manila Bay, Aguinaldo and others returned from exile to the Philippines in order to resume their revolution against the Spanish colonial government. On May 24, in the wake of his military victories, Aguinaldo announced that he was assuming "command of all the troops in the struggle for the attainment of our lofty aspirations, inaugurating a dictatorial government to be administered by decrees promulgated under my sole responsibility..." and issued a decree formally establishing a Dictatorial Government. This was done under the authority of the Biak-na-Bato republic, nullifying orders issued prior to the signing of the Pact of Biak-na-Bato and asserting that the Dictatorial Government was temporary in nature, "... so that, when peace shall have been reestablished and our legitimate aspiration for unrestricted liberty attained, it may be modified by the nation, in which rests the principle of authority."[16]
Philippine declaration of independence, Revolutionary government
| The neutrality of this section is disputed. |
On June 12, 1898, the Philippine Declaration of Independence was proclaimed at an event led by Emilio Aguinaldo in his mansion in Kawit, Cavite (this proclamation did not address the de-jure status of the Spanish colonial government, which continued to exist under the Spanish national government then embroiled in the Spanish-American War).[citation needed][dubious ] On June 23, Aguinaldo issued a decree replacing the Dictatorial Government with a Revolutionary Government.[17]
Peace protocol, capture of Manila, Treaty of Paris
| The neutrality of this section is disputed. |
On August 13, with American commanders unaware that a peace protocol had been signed in Washington between Spain and the United States on the previous day, American forces captured the city of Manila from the Spanish.[18]. The next day, August 14, the U.S. established a military government in the Philippines, with Major General Wesley Merritt as the first military governor.[19] General Merritt received news of the August 12 peace protocol on August 16, three days after the surrender of Manila.[20]
As a consequence of its defeat, Spain transferred its rights over the Philippine archipelago to the U.S., with the Philippines ceasing to be a colony of Spain and becoming a colony of the U.S.[21] On December 10, 1898, the Treaty of Paris was signed between Spain and the United States, ending the Spanish-American war. In article III of this treaty, Spain ceded the Philippines to the United States.[22] Felipe Agoncillo, who had been assigned by Aguinaldo as Ambassador to the United States, had traveled to Paris but had been refused admission to the conference. He worked hard to prevent the ratification of the treaty by Spain, but failed. Returning to Paris, he sent a message to Aguinaldo about the refusal of the United States and other foreign powers to recognize the independence of the Philippines.[23]
During the entire time that the Filipino revolutionary movement developed as described above, first under Bonifacio and later under Makabulos and Aguinaldo, the Philippines was under Spanish sovereignty.[citation needed] The Filipino revolutionary movement was an insurgency against the Spanish colonial government,[citation needed] and the various "governments" described above were insurgent governments.[citation needed]
By today's standards, a treaty of cession is void if it arises out of an act of annexation procured by the threat or use of force. Although the 1898 annexation of the Philippines by the U.S. would have been unlawful by today’s standards, it does not follow that the U.S. claims of sovereignty are unfounded. Under the doctrine of intertemporal law, “a juridical fact must be appreciated in light of the law contemporary with it, and not the law in force at the time when a dispute in regard to it arises or falls to be settled.” Thus, the legality of any act should be determined in accordance with the law of the time the act was committed, and not by reference to law as it might have become at a later date.[24] By the Westphalian sovereignty standards of the late 19th century, the cessation of these territories by Spain to the U.S. was valid.[25][failed verification][improper synthesis?]
Philippine-American War period
Dictatorial and Revolutionary governments
On June 18, 1898, Aguinaldo proclaimed a Dictatorial government.[26] Five days later, on June 23, he issued a decree changing its character to a revolutionary government.[27]
After proclaiming his Revolutionary government, Aguinaldo created diplomatic positions abroad in order to persuade foreign powers to recognize Philippine independence and promulgated decrees creating committees abroad for the purpose of carrying on propaganda activities. He issued decrees on June 24 and August 10 establishing the Hongkong Junta whose members were to represent the Philippines in different countries.[28] A 24 August decree created a revolutionary committee in foreign countries.[29] Diplomatic agents were appointed for the U.S., Japan, England, France, and Australia. The Paris Committee and Madrid Committee were created to work for the recognition of Philippine independence by France and Spain.[28]
First Philippine Republic
| The neutrality of this section is disputed. |
On January 22, 1899, the promulgation of the Malolos Constitution replaced Aguinaldo's insurgent revolutionary government with the First Philippine Republic; also an insurgent government, but insurgent against the United States instead of against Spain.
Felipe Agoncillo went to the U.S. to work for American recognition, but his attempts to secure an official audience with U.S. President William Mckinley failed. He sailed to Europe to appeal to the American Peace Commissioners there to negotiate the Treaty of Paris, but failed in this as well. He returned to the U.S. to fight the ratification of the treaty.[28]On February 4, 1899, with Agoncillo in the U.S., general hostilities erupted between U.S. and Filipino forces, beginning what later came to be known as the Philippine-American war.[30] With the eruption of hostilities, Agoncillo fled the U.S.[28]
That same day, Aguinaldo issued an order commanding "... That peace and friendly relations with the Americans be broken and that the latter be treated as enemies, ..."[31] On March 30, U.S. Forces captured Malolos, Bulacan, which had been the seat of Aguinaldo's various governments. Meanwhile, Aguinaldo had evacuated and established new headquarters in San Isidro, Nueva Ecija.[32] By June, Aguinaldo had moved his headquarters to Cabanatuan where, on June 2, a Declaration of War on the United State was officially proclaimed.[33]
On March 23, 1901, after about two years of war, Aguinaldo was captured in Palanan, Isabela. On April 1, 1901,Aguinaldo swore an oath accepting the authority of the United States over the Philippines and pledging his allegiance to the American government.[34]
U.S. civil government of the Philippines
After Aguinaldo swore allegience to the U.S., the U.S. military government was replaced by a civil government on July 4, 1901.[35]
Scattered fighting continued for some time but the U.S. enacted the Philippine Organic Act on July 1, 1902 and, on July 4, U.S. President Theodore Roosevelt proclaimed a full and complete pardon and amnesty to all people in the Philippine archipelago who had participated in the conflict, effectively ending the war.[36][37]
In 1916, the Philippine Autonomy Act, popularly known as the Jones Law, was passed by the U.S. Congress. The law, which served as the new organic act (or constitution) for the Philippines, stated in its preamble that the eventual independence of the Philippines would be American policy, subject to the establishment of a stable government. The law maintained the Governor General of the Philippines, appointed by the President of the United States, but established a bicameral Philippine Legislature to replace the elected Philippine Assembly (lower house) and appointive Philippine Commission (upper house) previously in place.[38]
Numerous independence bills were submitted to the U.S. Congress, and the Hare-Hawes-Cutting Act became U.S. law on January 17, 1932. The law required the Philippine Senate ratification, which was not forthcoming. Philippine President Quezon led a twelfth independence mission to Washington to secure a better independence act. The result was the Tydings-McDuffie Act of 1934, which was ratified by the Philippine Senate. The law provided for the granting of Philippine independence by 1946.[39]
The Tydings-McDuffie Act provided for the drafting and guidelines of a Constitution, for a 10-year "transitional period" as the Commonwealth of the Philippines before the granting of Philippine independence. On May 5, 1934, the Philippines legislature passed an act setting the election of convention delegates. Governor General Frank Murphy designated July 10 as the election date, and the convention held its inaugural session on July 30. The completed draft constitution was approved by the convention on February 8, 1935, approved by U.S. President Franklin Roosevelt on March 23, and ratified by popular vote on May 14. The first election under the constitution was held on September 17, and on November 15, 1935 the Commonwealth government was inaugurated.[40]
Commonwealth period
The period 1935–1946 would ideally be devoted to the final adjustments required for a peaceful transition to full independence, a great latitude in autonomy being granted in the meantime.
On May 14, 1935, an election to fill the newly created office of President of the Commonwealth of the Philippines was won by Manuel L. Quezon (Nacionalista Party) and a Filipino government was formed on the basis of principles superficially similar to the US Constitution. (See: Philippine National Assembly).
Japanese occupation during WW-II
A few hours after the Japanese attack on Pearl Harbor on December 7, 1941, the Japanese launched air raids in several cities and US military installations in the Philippines on December 8, and on December 10, and Manila was occupied by the Japanese on January 2, 1942. The Commonwealth government by then had become a Government in exile seated in Washington, DC, upon the invitation of U.S. President Roosevelt. President Manuel L. Quezon had declared Manila, the capital, an "open city" and left it under the rule of Jorge B. Vargas, as mayor. The Japanese entered the city on January 2, 1942 and established it as the capital. Japan fully captured the Philippines on May 6, 1942, after the Battle of Corregidor. The Second Philippine Republic was established on October 14, 1943 under Japanese occupation and endured until the end of the war, it was repudiated and the government of the Commonwealth of the Philippines restored.
Independence and sovereignty
| The neutrality of this section is disputed. |
Philippine independence finally came on July 4, 1946, with the signing of the Treaty of Manila between the governments of the United States and the Philippines. The treaty provided for the recognition of the independence of the Republic of the Philippines and the relinquishment of American sovereignty over the Philippine Islands.[41]
During the interim since the end of the 19th century, the constitutive theory of statehood had given way to the declarative theory of statehood. A document that is often quoted on the matter is the Montevideo Convention (1933), Article 1 of which states:
- The state as a person of international law should possess the following qualifications: (a) a permanent population; (b) a defined territory; (c) government; and (d) capacity to enter into relations with the other states.
Once the Treaty of Manila took effect, the Philippines, in possession of all these qualifications, became an independent nation and a sovereign state.
Independence Day holiday
From 1946 to 1961, July 4 (the anniversary date of the Treaty of Manila), was observed as Independence Day. On 12 May, 1962, Philippine President Diosdado Macapagal issued Presidential proclamation No. 28, which declared Tuesday, June 12, 1962 (the anniversary date of the 1898 Philippine Declaration of Independence) as a special public holiday throughout the Philippines, "... in commemoration of our people's declaration of their inherent and inalienable right to freedom and independence.[42]" On August 4, 1964, Republic Act No. 4166 renamed the July 4 holiday as "Philippine Republic Day", proclaimed the twelfth day of June is as the Philippine Independence Day, and enjoined all citizens of the Philippines to observe 12 June with rites befitting Independence Day.[43]
Philippine Supreme Court statements regarding sovereignty
| The neutrality of this section is disputed. |
During the period when the military government exercised administrative control, the Taft Commission (created on March 16, 1900) exercised legislative powers. On June 11, 1901, the commission had passed the Judiciary Law (Act no. 126), vesting judicial power in the Supreme Court, Courts of First Instance and Justice of the Peace courts.
At least two cases decided by the Philippine Supreme Court contain statements by the court concerning the exchange of sovereignty between Spain and the United States.
- In United States v. Smith, the Philippine Supreme Court wrote that a complete separation of Church and State had been coused by the change of sovereignty from Spain to the United States.[44]
- In Philippines vs. Lo-Lo and Saraw, the court said, more clearly, "By the Treaty of Paris, Spain ceded the Philippine Islands to the United States." (i.e., directly, not via an intermediate Philippine government which held sovereignty for some period).[improper synthesis?][45]
By the same token it can be argued then that Poland lost its sovereignty when the Molotov-Ribbentrop Pact was signed.[citation needed][clarification needed]
Disputes and challenges to sovereignty
Island of Palmas
The island of Palmas, also referred to as Miangas, is located in the Celebes Sea south of Mindanao, at approximately 5°33′30″N, 127°12′53° E.[46][47] The island lies within the geographical area described by Article III of the Treaty of Paris as encompassing the Philippine archipelago and ceded by Spain to the U.S.[22] The Island of Palmas Case was a case involving a territorial dispute between the Netherlands and the United States which was heard by the Permanent Court of Arbitration. The arbitrator ruled on January 23, 1925 that the island forms in its entirety a part of Netherlands territory.[48]
Spratly Islands
The Spratly Islands, also known as the Kalayaan Islands, are a group of more than 650 reefs, islets, atolls, cays and islands in the South China Sea between the Philippines, China, Malaysia, Brunei, and Vietnam. They comprise less than five square kilometers of land area, spread over more than 400,000 square kilometers of sea. The islands lie within the geographical area described by Article III of the Treaty of Paris as encompassing the Philippine archipelago and ceded by Spain to the U.S.[22] A number of sovereignty disputes regarding these islands have arisen, some of which remain unresolved as of 2009[update].
Sabah and Palawan
Sabah is a Malaysian state located on the northern portion of the island of Borneo.[49] The Philippines has a dormant claim over much of the eastern part of the territory. To date, Malaysia continues to consistently reject Philippine calls to resolve the matter of Sabah's jurisdiction to the International Court of Justice.[50] Also, territorial cessations made by the Sultan of Sulu have led to sovereignty disputes over the Philippine island of Palawan.
References
- ^ McKinley's Benevolent Assimilation Proclamation
- ^ Ambeth Ocampo (May 11, 2007), Looking Back : Election fraud at the Tejeros Convention.
- ^ Philippine Presidents, The Official Government Portal of the Republic of the Philippines.
- ^ Hillier 1998, p. 201
- ^ Scott 1985, p. 51
- ^ Bautista 2009, p. 12
- ^ Jovito Abellana, Aginid, Bayok sa Atong Tawarik, 1952
- ^ Villarroel 2009, pp. 93-133
- ^ Andres Bonifacio and the 1896 Revolution, Philippine National Commission on culture and the Arts.
- ^ Ileto 1997, p. 110
- ^ Zaide 1994, p. 228.
- ^ Agoncillo 1990, pp. 177–179.
- ^ Sagmit 2007, p. 158
- ^ Agoncillo 1990, p. 184
- ^ Agoncillo 1990, p. 185
- ^ The Philippine Revolution: The Dictatorial Government of 1898, msc.edu.ph, citing (Agoncillo 1970), retrieved 2008-02-07
- ^ Kalaw 1927, pp. 423-429 Appendix C
- ^ The World of 1898: The Spanish-American War, U.S. Library of Congress, retrieved 2007-10-10
- ^ Zaide 1994, p. 279
- ^ Halstead 1898, p. 108 Ch.10
- ^ Ko 1990, p. 339
- ^ a b c "Spain cedes to the United States the archipelago known as the Philippine Islands, and comprehending the islands lying within the following line: ..." (precise geographic description elided). The United States will pay to Spain the sum of twenty million dollars ($20,000,000) within three months after the exchange of the ratifications of the present treaty", "Treaty of Peace Between the United States and Spain; December 10, 1898" (HTML). Yale. 2009. Retrieved 2009-05-01.
- ^ Ongsotto & Ongsotto 2002, p. 150
- ^ Bautista 2009, pp. 11–12
- ^ Bautista 2009, pp. 13–14
- ^ Guevara 1972, pp. cc=philamer, rgn=full%20text, idno=aab1246.0001.001, didno=aab1246.0001.001, view=image, seq=00000025 7-12
- ^ Guevara 1972, pp. 35-42
- ^ a b c d Agoncillo 1990, p. 211
- ^ Guevara 1972, pp. 43-44
- ^ Agoncillo 1990, p. 213
- ^ Halstead 1898, p. 318
- ^ Agoncillo 1990, p. 219
- ^ Kalaw 1927, pp. 199-200.
- ^ Agoncillo 1990, pp. 226–227
- ^ Zaide 1994, p. 281
- ^ Worcester 1914, p. 180
- ^ GENERAL AMNESTY FOR THE FILIPINOS; Proclamation Issued by the President, July 4, 1902, retrieved 2008-02-05
- ^ Philippine Autonomy Act of 1916 (Jones Law)
- ^ Zaide 1994, pp. 314–315 Ch.24
- ^ Zaide 1994, pp. 315–319 Ch.24
- ^ TREATY OF GENERAL RELATIONS BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF THE PHILIPPINES. SIGNED AT MANILA, ON 4 JULY 1946 (pdf), United Nations, retrieved 2007-12-10
- ^ Diosdado Macapagal, Proclamation No. 28 Declaring June 12 as Philippine Independence Day, Philippine History Group of Los Angeles, retrieved 2009-11-11
- ^ AN ACT CHANGING THE DATE OF PHILIPPINE INDEPENDENCE DAY FROM JULY FOUR TO JUNE TWELVE, AND DECLARING JULY FOUR AS PHILIPPINE REPUBLIC DAY, FURTHER AMENDING FOR THE PURPOSE SECTION TWENTY-NINE OF THE REVISED ADMINISTRATIVE CODE, Chanrobles Law Library, August 4, 1964, retrieved 2009-11-11
- ^ United States v. Smith, G.R. No. L-14057, January 22, 1919, lawphil.net
- ^ Philippines vs. Lo-Lo and Saraw, G. R. No. L-17958, February 27, 1922, [Judiciary Law of the Second Philippin ChanRobles Law Library].
- ^ Kurt Taylor Gaubatz], "The Island of Palmas", The Online Casebook in International law.
- ^ Huber 1928, p. 29
- ^ Huber 1928, p. 39
- ^ Sabah, Malaysia, Google Maps.
- ^ Philippines' Claim To Sabah, epilipinas.com.
Bibliography
- Agoncillo (1970), History of the Filipino People, Malaya Books
{{citation}}: Unknown parameter|coauthors=ignored (|author=suggested) (help); Unknown parameter|firat=ignored (help). - Agoncillo, Teodoro A. (1990), History of the Filipino People (Eighth ed.), University of the Philippines, ISBN 9-71-871106-6.
- Lowell B. Bautista (3 September 2009), "The Historical Context and Legal Basis of the Philippine Treaty Limits" (PDF), Aegean Review of the Law of the Sea and Maritime Law, doi:10.1007/s12180-009-0003-5, ISSN (Print) 1864-9629 (Online) 1864-9610 (Print) 1864-9629 (Online)
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- Halstead, Murat (1898), The Story of the Philippines and Our New Possessions, Including the Ladrones, Hawaii, Cuba and Porto Rico.
- Hillier, Tim (1998), "Sourcebook on public international law", Cavendish Publishing sourcebook series, Routledge, ISBN 9781859410509.
- M. Huber (4 April 1928), [www.pca-cpa.org/showfile.asp?fil_id=168 THE ISLAND OF PALMAS CASE (OR MIANGAS), UNITED STATES OF AMERICA V. THE NETHERLANDS, AWARD OF THE TRIBUNAL] (MS Word), The Hague: PERMANENT COURT OF ARBITRATION, p. 29
{{citation}}: Check|url=value (help). - Guevara, Sulpico, ed. (2005), The laws of the first Philippine Republic (the laws of Malolos) 1898-1899., Ann Arbor, Michigan: University of Michigan Library (published 1972), retrieved 2008-03-26 (English translation by Sulpicio Guevara).
- Ileto, Reynaldo Clemeña (1997), Pasyon and revolution: popular movements in the Philippines, 1840-1910 (4th edition ed.), Ateneo de Manila University Press, ISBN 9789715502320
{{citation}}:|edition=has extra text (help). - Kalaw, Maximo Manguiat (1927), The Development of Philippine Politics, Oriental commercial, pp. 413–417, retrieved 2009-09-07.
- Ko, Swan Sik (1990), Swan Sik Ko (ed.), Nationality and international law in Asian perspective, Martinus Nijhoff Publishers, p. 339, ISBN 9780792308768.
- Ongsotto, Rebecca Ramilo; Ongsotto, Reena R. (2002), Philippine History Module-based Learning I, Rex Bookstore.
- Sagmit, Rosario S.; Sagmit-Mendosa, Lourdes (2007), The Filipino Moving Onward 5 (2007 edition ed.), Rex Bookstore, Inc., ISBN 9789712341540
{{citation}}:|edition=has extra text (help). - Scott, William Henry (1985), Cracks in the Parchment Curtain, ISBN 971-10-0074-1.
- Villarroel, Fidel (2009), "Philip II and the "Philippine Referendum" of 1599", in Ramírez, Dámaso de Lario (ed.), Re-shaping the World: Philip II of Spain and His Time (illustrated ed.), Ateneo de Manila University Press, ISBN 9789715505567.
- Worcester, Dean Conant (1914), The Philippines: Past and Present (vol. 1 of 2), ISBN 141917715X, retrieved 2008-02-07.
- Zaide, Sonia M. (1994), The Philippines: A Unique Nation, All-Nations Publishing Co., ISBN 971-642-071-4 (with Gregario F. Zaide's History of the Republic of the Philippines).
{{citation}}: CS1 maint: postscript (link).