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Opinion

A nation and people, neither independent nor free  

WHAT MATTERS MOST - Atty. Josephus B. Jimenez - The Freeman

Today, we are supposed to celebrate the 124th anniversary of General Aguinaldo's hurriedly-executed Declaration of Independence on June 12, 1898. The question that historians and scholars keep on asking is: Were the Filipinos ever independent at all, from the control and domination of both Spain and the USA? Today, are the Filipinos truly free from poverty, corruption, family dynasties, crimes, terrorisms, possible attack by China, trolls, and fake news?

From the viewpoint of international law, that declaration was not valid, considering that no single nation has ever extended recognition to that so-called new independent state. Considering further that on December 10, 1898, the Treaty of Paris was signed between Spain and the USA, whereby the latter bought the whole islands, along with Puerto Rico and Guam, for a lump sum purchase price of $20 million, on what legal and political basis then was the claim of Philippine independence anchored? After that event, what sovereign acts were ever performed by the Aguinaldo government that could be deemed as evidence of independence?

And, by the way, was Aguinaldo legally authorized to make such a declaration, when he was not elected by the people, but installed by a ragtag Tejeros Convention, composed of 256 self-appointed delegates, among whom only 146 voted for him? Let us never forget that the only agenda for the convention was to elect the leader of the revolution against Spain, thereby to settle the rivalry between Magdalo's General Emilio Aguinaldo, and Magdiwang's Supremo Gat Andres Bonifacio. It was never the agreed agenda to establish a republic and to elect a president. Let us remember that the Tejeros Convention was nullified by the Katipunan’s supremo himself

The 21-page declaration, entitled "Acta de la Proclamación de la Independencia del Pueblo Filipino" supposedly written by Aguinaldo, was signed by 98 Filipinos appointed by the general himself. There was no clear representation for Visayas and Mindanao. It was practically a republic of the Magdalos. It was only allegedly ratified by 16 provinces which were under the control of the revolutionaries. Thus, from the strictly political and international law points of view, that declaration was riddled with flaws. If the June 12, 1898 declaration was not valid de jure, but only valid de facto, how about the Independence Day on July 4, 1946, whereby the Philippine Commonwealth based on the Constitution of 1935, gave way to the Philippine Independence granted by the USA?

Whatever the legality and the political validity of all such historical events, the more relevant questions asked today are the following. Are the Filipinos really free today? Are elections truly reflective of the political freedom of a thinking, mature, and independent-minded voting populace? Aren't election results the questionable consequences of manipulations of family dynasties that monopolize power, money, and resources? Are the voters really free from terrorism, vote-buying, election, cheating and other acts bastardizing the political will of the sovereign people?

And how can the poor be truly free from hunger and food insecurity? How can the citizens be free from crime, terrorism, corruption, and government abuses and neglect? How can the millions of jobless, homeless, hopeless, voiceless, and powerless Filipinos understand the meaning of freedom and independence? Rice at ?20 per kilo? Crude oil at ?100 per liter? Honestly, my dear, I do not know the answer. And so, what are we celebrating today?

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INDEPENDENCE DAY

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