Neil Andre M.

Borgador
B3

Aguinaldo’s Revolutionary Government: De Jure ? or De Facto?

A Republic is both De Jure and De Facto because a national government exists in the
country and in the law. Kumar (2022) stated that a De Jure government is a type of government
that exists due to the law, hence the government is legalized, sanctioned, and performs under
the constitution while A De Facto government is a type of government that has been formed in
reality without any constitution or law. A Republic is a lawful government that exists in its
sovereignty and possesses and controls the state under its constitution. In history of Philippines,
Filipinos recognize Republica De Filipinas as the first Philippine republic. In the commentary
entitled Our only republic, Abueva (2014) claimed that Emilio Aguinaldo presidency and
recognition of his Republica De Filipinas is faulty. Is Republica De Filipinas really a republic? Or
is it just a De facto government?

Republica De Filipinas or Pamahalaang Himagsikan of Emilio aguinaldo was a de

facto because the said government wasn’t legally formed or declared and it lacks supporting
documents to prove that the government was legally established unlike the Katipunan of Andres
Bonifacio that has Kartilya ng Katipunan, a document that proves the governance of the
Katipuneros. And the type of election happened in Tejeros can be considered as local election
because almost all of the voters were cavitenos. Therefore Filipinos must not recognize the
Pamahalaang Himagsikan or commonly known as the Malolos Republic of Emilio Aguinaldo as
the first Philippine republic because the election wasn’t done nationally and the laws prohibiting
its existence weren’t available. Abueva (2014) claimed that the national constituency wasn’t the
type of election that happened in the Tejeros Convention rather it is a local constituency
because cavitenos and the magdiwang and magdalo troops were the only voters of that
election, not all the revolutionary provinces.

According to the narratives of the “Mga Gunita ng Himagsikan”, After the Tejeros
convention, Aguinaldo became the president elect. His sibling Crispulo Aguinaldo organizes his
oath taking at Sta Cruz de Malabon to formally accept his presidency. Emilio Aguinaldo
established a revolutionary government to continue to fight for the Philippine land. In the war
of Pasong Santol they alleged that the upset Andres Bonifacio ordered his troops not to be
involved in that chaos. As a result the spaniards conquer the Pasong Santol and many of the
magdalo function died including Emilio’s brother Crispulo. Emilio Aguinaldo wants to avenge his
brother, so he ordered his troops to arrest Andres Bonifacio and Procopio and accused them
rebelion. This situation gave birth to the judiciary system of Aguinaldo’s Government, the
“Consejo de Guerra.” which was passed because they outwit and hoax the troops like they did
in the Tejeros convention. Under “Consejo de Guerra” and Pamahalaang Himagsikan of
Aguinaldo, Andres Bonifacio and Procorpio was convicted to crime of rebellion and General
Mariano Noriel sentenced death penalty. The reason behind the death of Andres Bonifacio and
Procopio was they perceive these people as hindrance to the Pamahalaang Himagsikan of
Emilio Aguinaldo. Knowing that the treaty of Paris had already begun, Emilio Aguinaldo
immediately proclaimed Philippine independence on June 12, 1898 to also declare his unproven
presidency and government. Shortly after that, The Filipino and american war began

Based on the narratives, It can be concluded that The Pamahalaang Himagsikan of

Emilio Aguinaldo is absolutely a de facto type of the government and can’t be recognized as
republic because the election was done locally, doesn’t have any written sources to prove the
said established government, and legal title to prove the presidency of Emilio Aguinaldo. In
addition, the government itself and its branches were engaged in illegal practices. A republic
can only be considered as a De Jure type of government. An official gratification of the
Philippine Republic is when America granted the official Philippine Independence under
international law on July 4, 1946. Abueva (2014) stated that the Philippines had regained its
international recognition as a new sovereign state on July 4, 1946. Through the republican type
of government that has been established it would assert nationalism and political correctness.

In summary the Philippines started to become a Republic government when America granted
the Philippine Independence under a law. Therefore Aguinaldo’s Republica De Filipinas is
invalid for being the first republic government of the Philippines. A Republic of the Philippines
established after the independence from America is both De Jure and De Facto because the
government exists in territorial lands of the Philippines and control the state and its people
under the Philippine constitution.

REFERENCES:

Abueva, J. B. (2014, March 22). Our only republic. INQUIRER.net.

https://opinion.inquirer.net/72834/our-only-republic

Aguinaldo, E. (1967). Mga Gunita ng Himagsikan. Mga Gunita NG Himagsikan by

Emilio Aguinaldo | PDF | Independence | Decolonisation (scribd.com).

Kumar, S. (2022, November 24). Difference between De Facto and De Jure - Polity

Notes for UPSC. Testbook IAS Preparation.

https://testbook.com/ias-preparation/difference-between-de-facto-and-de-jure/