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BSIT – FOPM02
Instructions: Research on the difference of De Jure and De Facto government and read the
attached opinion of Dr. Jose Abueva
https://opinion.inquirer.net/72834/our-only-republic
A de facto government functions as such in practice but is not recognized by any legal
standard. It is constituted in contradiction of the State's constitutional order, exerting its influence
and authority, and whose international recognition by third parties is a voluntary and
discretionary act that addresses the efficacy of the situation created in general.
A de jure government is legal, by law, or constitutional and is conducted legitimately in
public power. It arises from an election or appointment made in line with the constitution and
regulations in force. It is the exercise of authority by the organs that make up the government
following the constitution, that is, under the fundamental law's procedures.
Instructions: Write a 800-1000 words essay explaining which form of government did Aguinaldo
established right after the Tejeros Convention. Used specific contents of the “Mga Gunita ng
Himagsikan” to justify and explain your point.
Note: YOU CANNOT USE OTHER SOURCES in justifying your answer.
Filipino leader Emilio Aguinaldo was elected the new republic's first president in the
Malolos Congress in 1898 after the Philippines gained independence from Spain. He also
commanded the Philippine-American War, which he fought to prevent the United States from
opposing Philippine independence. On February 6, 1964, in Quezon City, Philippines.
The Revolution of 1896, which began under the leadership of the Katipunan, a secret
organization to achieve independence for the Philippines, gave birth to the First Republic. The
President of the Supreme Council commanded it, Andres Bonifacio being the most well-known.
Members of the Katipunan may be found in Manila and other Philippine regions. Divisions
formed in the organization due to political and other differences between members from Manila
and other provinces, forcing its leaders to call for a convention to try to reunify the society.
By December 1897, Aguinaldo had negotiated the Biak-na-Bato Truce with Spain in
exchange for amnesty, compensation, and liberal reform, he and his rebels decided to hand over
their armaments and accept exile to Hong Kong. Neither party, however, kept their end of the
arrangement. The Spanish government did not fulfill all its promises, and the militants did not
truly surrender their weapons. Aguinaldo’s revolutionaries used a portion of Spain's monetary
payment to buy more weapons for the resistance. Aguinaldo also decided from Hong Kong to
assist Americans fighting Spain in the Spanish-American War. In 1898, Aguinaldo returned to
the Philippines to renew his revolt against Spanish rule because neither peace nor independence
had been attained.
The United States of America, on the other hand, was hesitant to support the Philippines'
new leadership. The Philippines was ceded by Spain to the United States in the Treaty of Paris in
December 1898, while the United States and Spain were fighting the Spanish-American war. In
the act of strength against the newfound Philippine independence, the American sentry killed a
Filipino soldier stationed at the San Juan Bridge just two weeks after Aguinaldo's inauguration.
The Philippine-American War took place on February 4, 1899. Aguinaldo's rebels rapidly
resorted to guerilla methods, leading to one of America's deadliest battles but little tangible
success for Aguinaldo and his cause. "I witnessed my soldiers die without changing future
events," Aguinaldo stated of his war efforts' apparent futility.
The Tejeros Convention held on March 22, 1897, was one of the most significant events
in Philippine history. It was organized to settle the disputes between the two Katipunan factions:
the Magdalo, who saw Emilio Aguinaldo y Famy as their leader, and the Magdiwang, who
favored Andres Bonifacio. The Katipunan has been abolished, and a revolutionary government
was founded because of the meeting. Emilio Aguinaldo, the former Katipunan leader, was
chosen President.
The Tejeros Convention was a gathering to elect members of the revolutionary
government from the Magdiwang and Magdalo factions, in which the two Katipunan parties
were on opposing sides. Andres Bonifacio presided over the election, even though he had no
intention of becoming the Philippines' first president. Bonifacio had been won over numerous
times, yet he ended up as the Secretary of the Interior. Bonifacio indecisively nullified the
election proceedings due to inconsistencies and contradictions throughout the election; yet the
other election participants argue that the election is genuine and official. Considering this, we
must ask: Is this election acceptable?
The revolutionary government had settled that Emilio Aguinaldo would be the
revolution's leader even before the election. Furthermore, throughout the election, most votes
were cast in support of Aguinaldo. Considering that most of the appointed officials during the
election were the same people who had previously served on the conference, we can deduce that
this election was rigged and pre-planned. Given these circumstances, Aguinaldo’s government
was a de facto government. Any sovereign state did not recognize an elected person is a
distinguishing feature of a de facto administration. It was evident in the instance of Aguinaldo,
indicating that his governance was de facto.
Emilio Aguinaldo's success as president would not be deemed de jure because the persons who
participated in the convention are the only people that attended the conference, and nothing, in
this case, indicates the election of a nation's president. As a result of the election's lack of other
representatives from various provinces, the convention lacked national representation. The only
people who took part in the election were Magdalo and Magdiwang, who were from the region
of Cavite. The essential essence of the election has been disturbed and forfeited considering
these facts.
Apart from the previous issue, when Bonifacio was appointed Secretary of Interior by the
revolutionary government, Heneral Daniel Tria Tirona opposed him from his elected seat. This
misunderstanding sparked a massive feud between Bonifacio and Tirona, culminating with
Bonifacio pointing his revolver at Tirona. The latter's reasoning against the former's perspective
was that he is not a lawyer, so his intellectual capacity was insufficient for the position's
constraints. In this case, we can conclude that Tirona is an elitist, although they all agreed that no
one should object to a choice if a given position has been granted to a person. And it is this that
has enraged Bonifacio.
Following the execution of the Bonifacio brothers, the Katipunan's membership
increased, bolstering the revolution's influence. With the killing of the two brothers ordered by
the war council, the perception of Aguinaldo's government as a de facto was bolstered.
According to Aguinaldo, the panel of war members, Heneral Noriel and Heneral Del Pilar,
convinced him to order the Bonifacios' execution which strengthened the idea that the
government is a de facto government.
To summarize the truths mentioned above, we can conclude that Emilio Aguinaldo's
regime was de facto. These circumstances point to the possibility that Aguinaldo did not perform
adequately as the declared president of the Philippines, spearheading the revolution against the
Spanish conquerors. However, we must not overlook the reality that Aguinaldo was a prominent
leader in the Philippine revolution. As patriotic Filipinos, we may not have been able to change
the past and short history of the Philippines, but we do have the opportunity to shape our destiny
and not repeat history.