Should Independence Day be on July 4 instead?

Are you convinced that Philippine Independence was attained on June 12, 1898? Or are you one with the many, including me, who still believe that July 4, 1946 was truly our Independence Day.

We used to celebrate July 4 as our Independence Day since 1946, until President Macapagal asked Congress to change it to June 12. On August 4, 1964, Republic Act 4166 changed the July 4 to Philippine Republic Day, letter, the Philippine-American Friendship Day, and proclaimed June 12 as Philippine Independence Day.

Thus, today is supposed to be the 127th anniversary of Philippine Independence if we believe that the Philippines became a sovereign state without any international recognition on June 12, 1898. But if we subscribe to the principle that the Philippines became an independent state only on July 4, 1946, with total international recognition, then we still have to celebrate the 79th anniversary of Philippine Independence on July 4, 2026.

It sounds more nationalistic and even sentimental to continue celebrating Independence Day every June 12 because it would really mean that our country was the first to declare an independent state in the whole of Southeast Asia, ahead of Indonesia, Malaysia, Singapore, Thailand, Vietnam, Myanmar, Laos and Brunei. Of course, Thailand would contest that because it claims that it has never been colonized by any western power. The Thais would argue that they have been independent even before Christ.

Our law books teach us that a state is a community of people, more or less numerous, permanently occupying a territory, with an established government, imbued with sovereignty, to which the great body of inhabitants render habitual obedience. Based on this definition, the elements of a state include people, territory, government and sovereignty. Herein lies the problem with the so-called government established by Emilio Aguinaldo in Cavite. It did not command the obedience of the whole nation. It did not enjoy recognition by other sovereign states.

On the contrary, on December 9, 1898, the sovereign Kingdom of Spain, by the Treaty of Paris, ceded the whole archipelago of the Philippine Islands to the sovereign nation of the USA, upon payment of twenty million US dollars as a package deal with the islands of Guam and Puerto Rico. And so, the government of Aguinaldo did not have control over the territory. And again, his declaration of independence was not recognized by even one other sovereign state.

A sovereign state, by international law, is defined as a political entity that has complete control and autonomy and self-determination over its internal and external affairs.  Aguinaldo's government was only in Cavite and a few neighboring provinces. It was a government created by the Magdalo faction of the Katipunan. It did not even enjoy the recognition of Tondo, which was the bailiwick of Andres Bonifacio, one of the founders of the Katipunan, its Supremo and leader of the Magdiwang faction.

Independence is described as sovereignty or "suprema Potestas" or external sovereignty which means that there is no other external power that has control over it except international law. In the international case involving Bosnia and Herzegovina, vintage 1992, it has been clearly postulated that international recognition is an essential evidence that all the criteria of independent statehood have been fulfilled.

A large number of recognitions may buttress a claim to statehood even in circumstances where the conditions for statehood have been complied with imperfectly. International recognition is vital because it can impact a state's ability to enter into treaties and form alliances, thereby influencing its overall diplomatic power. Lack of international recognition leads to isolation, making it impossible for a state to participate in international organizations.

On the other hand, the independence on July 4, 1946, enjoyed a wide array of international recognition. In fact, our own General Carlos P Romulo was allowed to sign the Charter of the United Nations as the best evidence that the Philippines has arrived as a bona fide member of the international community of sovereign states and independent nations.

The July 4, 1946 Declaration of Independence was witnessed by 98 foreign dignitaries representing states that recognized the Philippines as an independent state at last. Aguinaldo's Declaration did not enjoy a single state's recognition. That is why it had to be followed by another declaration in Malolos and in Biaknabato.

With due respect, I humbly submit that our Independence Day is July 4 and not June 12. And I rest my case.