Sovereignty of the Philippines
The sovereignty of the Philippines refers to the status of the Philippines as an independent nation. 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. US President William McKinley asserted the United States' sovereignty over the Philippines on December 21, 1898, through his Benevolent Assimilation Proclamation.[1]
In March 1897, Emilio Aguinaldo, a member of the Katipunan, was elected as president of a revolutionary government established after the Tejeros Convention.[2] That government was supposedly meant to replace the Katipunan, though the latter was not formally abolished until 1899. Aguinaldo was again elected as president at Biak-na-Bato in November 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 1898, formed a dictatorial government. On June 12, 1898, Aguinaldo's nascent government proclaimed independence from Spain. This proclamation, however, did not dissolve Spanish sovereignty over the Philippines, which continued despite this declaration. Sovereignty passed from Spain to the United States in the 1898 Treaty of Paris.
The Philippines continued as a
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
Spanish period
Early contact
The first well documented arrival of western Europeans in the archipelago was the Spanish expedition led by Portuguese-born Spanish explorer
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 single 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."[8]
The decree was published in Manila on August 5, 1598. King Philip died on September 13, forty days after the publication of the decree. 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 Chinese pirates (who lay siege to Manila, the most famous of which was Limahong in 1574), Dutch forces, and Portuguese forces. Muslim 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 abducted women. They often sold their captives as slaves.
A
The Katipunan
On July 7, 1892, the Filipino José Rizal was exiled 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 August 24, 1896.[9] Emilio Aguinaldo wrote that the Cabinet conferred on Bonifacio the title Haring Bayan (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 of 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
On June 18, he 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
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).[17]
On June 23, Aguinaldo issued a decree replacing the Dictatorial Government with a Revolutionary Government.[18]
Peace protocol, U.S. military government, Treaty of Paris
On July 24, 1898, the Spanish Peninsular Government had replaced Governor-General Basilio Augustín with Fermín Jáudens (acting). On August 13, 1898, Jáudens was replaced by Francisco Rizzo (acting), who was replaced in September 1898 by Diego de los Ríos (acting).[19]
On August 13, with American commanders unaware that a peace protocol had been signed between Spain and the United States on the previous day in Washington, D.C., American forces captured the city of Manila from the Spanish.
By December 28, Spanish troops had evacuated all garrisons in the south Philippines except Zamboanga and Jolo. Initially, Rios relocated the Spanish capital to Zamboanga, but on January 1 or 2, 1899, he relocated it again, this time back to Manila, where he could more effectively seek the release of Spanish POWs. On January 4, 1899, U.S. General
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.[24] 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.[25]
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.[26]
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.[17] The Filipino revolutionary movement was an insurgency against the Spanish colonial government,[27] and the various "governments" described above were insurgent governments.[27]
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 arguably have been unlawful by today's standards,[
Philippine–American War period
U.S. military government
On August 14, 1898, following the August 12 capture of Manila, the U.S. had established a military government in the Philippines under General Merritt as military governor.[30] During military rule (1898–1901), the U.S. military commander governed the Philippines under the authority of the U.S. president as commander-in-chief of the U.S. armed forces. General Otis succeeded General Merritt as military governor, governing from 1898 to 1900. General Otis was succeeded by General MacArthur, who governed from 1900 to 1901.[31]
Dictatorial and Revolutionary governments
On June 18, 1898, Aguinaldo proclaimed a Dictatorial government.[32] Five days later, on June 23, he issued a decree changing its character to a revolutionary government.[33]
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.[34]
A August 24 decree created a revolutionary committee in foreign countries.[35] 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.[34]
First Philippine Republic
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 and secured an audience with U.S. President William McKinley, but only with the understanding was received as a private citizen and not as a representative of Aguinaldo.[36] 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.[34] 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.[37] With the eruption of hostilities, Agoncillo fled the U.S.[34]
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, ..."
On March 23, 1901, after about two years of war, Aguinaldo was captured in
U.S. civil government of the Philippines
After Aguinaldo swore allegiance to the U.S., the U.S. military government was replaced by a civil government on July 4, 1901.[42]
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.[43][44]
In 1916, the Philippine Autonomy Act, popularly known as the
Numerous independence bills were submitted to the U.S. Congress, and the
The Tydings-McDuffie Act specified a procedural framework for the drafting of a
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
Japanese occupation during World War II
A few hours after the Japanese
The Japanese entered Manila 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
In accordance with the Tydings–McDuffie Act, President Harry S. Truman issued Proclamation 2695 of July 4, 1946, officially recognizing the independence of the Philippines.[48]
On the same day, the Treaty of Manila between the governments of the United States and the Philippines was signed. 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.[49]
During the interim since the end of the 19th century, the constitutive theory of statehood had given way to the
- 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.
Post-independence territorial changes
In 1961, the Philippines enacted Republic Act No. 3046 (RA3446), to define the
Presidential Proclamation No. 1596 had asserted Philippine sovereignty over the Spratly Islands on June 11, 1978.[53] RA9522 reasserted that, and also asserted Philippine sovereignty over Scarborough Shoal.[52]
On April 8, 2009, the Philippines lodged a partial
Independence Day holiday
From 1946 to 1961, July 4 (the anniversary date of the Treaty of Manila), was observed as Independence Day. On May 12, 1962,
Philippine Supreme Court statements regarding sovereignty
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 caused by the change of sovereignty from Spain to the United States.[58]
- 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."[59]
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.[60][61] 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.[25] The Island of Palmas Case was a territorial dispute between the Netherlands and the United States which was heard by the Permanent Court of Arbitration. The arbitrator ruled on April 4, 1928, that the island forms in its entirety a part of Netherlands territory.[62]
Spratly Islands
The Spratly Islands, also known as the Kalayaan Islands, are a group of more than 650
Sabah and Palawan
The North Borneo dispute, also known as the Sabah dispute, is the
See also
References
- ^ "McKinley's Benevolent Assimilation Proclamation". www.msc.edu.ph. Retrieved February 17, 2019.
- ^ Ambeth Ocampo (May 11, 2007), Looking Back : Election fraud at the Tejeros Convention, archived from the original on June 30, 2010
- ^ Philippine Presidents, The Official Government Portal of the Republic of the Philippines.
- ^ Hillier 1998, p. 201
- ^ a b Scott 1985, p. 51
- ^ Bautista 2009, p. 12
- ^ Jovito Abellana, Aginid, Bayok sa Atong Tawarik, 1952
- ^ a b 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
- ^ a b The Philippine Revolution: The Dictatorial Government of 1898, msc.edu.ph, retrieved February 7, 2008, citing (Agoncillo & Milagros 1970)
- ^ a b Bautista 2009, p. 12, "Spain claimed dominion over the Philippine archipelago on the basis of discovery, a valid mode of acquisition at the time. [...] The Philippines remained a crown colony of Spain for over three centuries. Spain relinquished title over the Philippine islands in the aftermath of the Spanish–American War, when the U.S. emerged as the victor. The Treaty of Paris was signed in Paris on December 10, 1898, which ceded the archipelago to the U.S."
- ^ Kalaw 1927, pp. 423–429 Appendix C
- ^ Peterson, pp. 4–6.
- ^ The World of 1898: The Spanish–American War, U.S. Library of Congress, retrieved October 10, 2007
- ^ Zaide 1994, p. 279
- ^ Halstead 1898, p. 108 Ch.10
- ^ a b Peterson, pp. 10–11.
- ^ Ko 1990, p. 339
- ^ Yale. 2009. Retrieved May 1, 2009.
- ^ Ongsotto & Ongsotto 2002, p. 150
- ^ a b Wiktionary definition: "Insurgency: 1. rebellion; revolt; the state of being insurgent".
- ^ Bautista 2009, pp. 11–12
- ^ Bautista 2009, p. 14, "... Even if its title was challenged, the U.S. could rely on the international character of the cession of Philippines territory from Spain.[a] First, Spain's claim of title rests on the theory of territorium nullius.[b] Second, the massive military victories of the U.S. over the nativist resistance allow the U.S. to claim legal title on the basis of conquest.[c] However, there was no need to raise these alternative theories; "[i]t was simply assumed, without question, that the Spanish cession was valid and that it applied to all parts of the colony.[d]"
a Citing Teodoro A. Agoncillo, The Filipino Plea for Independence, in IMPERIAL SURGE: THE UNITED STATES ABROAD, THE EARLY 1890S – EARLY 1900S 98, 102 (Thomas G. Paterson et al. eds., 1992)note 27, at 256.
b Citing SURYA P. SHARMA, TERRITORIAL ACQUISITION, DISPUTES AND INTERNATIONAL LAW 40 (1997), note 68, at 45–46; BENJAMIN OBI NWABUEZE, A CONSTITUTIONAL HISTORY OF NIGERIA 1 (1982).
c Citing Stephen Beaulac, Vattel's Doctrine on Territory Transfers in International Law and the Cession of Louisiana to the United States of America, 63 LA. L. REV. 1327, 1342 (2002–2003); SHARON KORMAN, THE RIGHT OF CONQUEST: THE ACQUISITION OF TERRITORY BY FORCE IN INTERNATIONAL LAW AND PRACTICE 209-12 (1996), note 16, at 7–12.
d Citing Owen J. Lynch, Jr., The Legal Bases of Philippine Colonial Sovereignty: An Inquiry, 62 PHIL. L. J. 279, 293 (1987), note 79, at 293. - ^ Halstead 1898, pp. 110–112
- ^ Zaide 1994, p. 279 Ch.21
- ^ 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
- ISBN 978-1-4516-2544-8.
- ^ 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" (PDF), The New York Times, July 4, 1902, retrieved February 5, 2008
- ^ Philippine Autonomy Act of 1916 (Jones Law)
- ^ Zaide 1994, pp. 314–315 Ch.24
- ^ Zaide 1994, pp. 315–319 Ch.24
- ^ "Proclamation 2695 of July 4, 1946 "Independence of the Philippines"". National Archives. August 15, 2016.
- ^ 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, archived from the original (PDF) on July 23, 2011, retrieved December 10, 2007
- ^ "REPUBLIC ACT NO. 3046 (as amended by RA 5446) AN ACT DEFINE THE BASELINES OF THE TERRITORIAL SEA OF THE PHILIPPINES". Chan Robles Law library. June 17, 1961.
- ^ "AN ACT TO AMEND SECTION ONE OF REPUBLIC ACT NUMBERED THIRTY HUNDRED AND FORTY-SIX, ENTITLED "AN ACT TO DEFINE THE BASELINES OF THE TERRITORIAL SEA OF THE PHILIPPINES"". Chan Robles Law library. September 18, 1968.
- ^ a b "AN ACT TO AMEND CERTAIN PROVISIONS OF REPUBLIC ACT NO. 3046, AS AMENDED BY REPUBLIC ACT NO. 5446, TO DEFINE THE ARCHIPELAGIC BASELINE OF THE PHILIPPINES AND FOR OTHER PURPOSES". Chan Robles Law Library. March 10, 2009.
- ^ "PRESIDENTIAL DECREE NO. 1596 – DECLARING CERTAIN AREA PART OF THE PHILIPPINE TERRITORY AND PROVIDING FOR THEIR GOVERNMENT AND ADMINISTRATION". Chan Robles Law Library. June 11, 1978.
- ^ "Submissions, through the Secretary-General of the United Nations, to the Commission on the Limits of the Continental Shelf, pursuant to article 76, paragraph 8, of the United Nations Convention on the Law of the Sea of 10 December 1982". United Nations Commission on the Limits of the Continental Shelf. May 28, 2009. Retrieved May 29, 2009.
- ^ "UN approves PH territorial claim to Benham Rise". April 28, 2012. Retrieved April 28, 2012.
- ^ Diosdado Macapagal, Proclamation No. 28 Declaring June 12 as Philippine Independence Day, Philippine History Group of Los Angeles, archived from the original on May 12, 2009, retrieved November 11, 2009
- ^ 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 November 11, 2009
- ^ 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, archived from the original on December 10, 2012
- ^ Huber 1928, p. 29
- ^ Huber 1928, p. 39
- ^ Sabah, Malaysia, Google Maps.
- .
- ^ United Nations Treaty Registered No. 8029, Manila Accord between Philippines, Federation of Malaya and Indonesia (31 JULY 1963)
- ^ "Sabah: A Dispute That Refuses To Go Away". The ASEAN Post. ASEAN. November 25, 2020.
- ^ "Philippines' Claim To Sabah". epilipinas.com. Archived from the original on October 16, 2002.
- ^ "G.R No. 187167". Supreme Court of the Philippines. July 16, 2011. Archived from the original on January 12, 2016. Retrieved February 17, 2013.
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Further reading
- Ocay, Jeffry V. (2010). "DOMINATION AND RESISTANCE IN THE PHILIPPINES: FROM THEPRE-HISPANIC TO THE SPANISH AND AMERICAN PERIOD". Lumina. 21 (1). Holy Name University.