WHAT DO WE CELEBRATE ON JUNE 12?
By Rodolfo A. Arizala*
I. Introduction
Historically, the Filipino people under the Aguinaldo dictatorial government proclaimed their independence on 12 June 1898. But said independence was not achieved due to defeat of the Aguinaldo army in the field of battle and inability of its envoys to obtain recognition of Philippine independence from foreign governments. Furthermore, with the signing of the peace treaty between Spain and the United States on 10 December 1898 commonly known as the Treaty of Paris, it sealed the fate of the Filipino people as a colony of the United States America for almost half a century.
Article III of the Treaty of Paris provides: “Spain cedes to the United States the archipelago known as the Philippine islands. . . The United States will pay to Spain the sum of twenty million dollars ($20,000,000) within three months after the exchange of the ratification of the present treaty.”
Subsequently, in 1934, by virtue of a law adopted by the US Congress- the Tydings-McDuffie Act, it provided that the Phiippines shall attain independence on 4 July 1946.
II. Proclamation and Recognition of Independence
In compliance with the provisions of the 1934 Tydings-McDuffie Act, U.S. President Harry S. Truman proclaimed and recognized the independence of the Filipinos on 4 July 1946, pertinent provisions of the Proclamation read as follows:
“Whereas the United States of America by the Treaty of Peace with Spain of Deecember 10, 1898, commonly known as the Treaty of Paris, and by the Treaty with Spain of November 7, 1900, did acquire sovereignty over the Philippines. . . .
“Whereas the Act of Congress approved March 24, 1934, known as the Philippine Independence Act, directed that, on the 4th day of July immediately following a ten-year transition period leading to the independence of the Philippines, the President of the United States of America should by Proclamation withdraw and surrender all rights of possession, supervision, jurisdiction, control or sovereignty of the Philippines. . . should recognize the independence of the Philippines:
“NOW, THEREFORE, I, HARRY S. TRUMAN, President of the United States of America acting under and by virtue of the authority vested in me by the aforesaid act of Congress, do proclaim that in accord with and subject to the reservations provided for in the applicable statutes of the United States,
“The United States of America hereby withdraws and surrenders all rights of possession, supervision, jurisdiction, control, or sovereignty now existing and exercised by the United States of America in and over the territory and people of the Philippines; and, “On behalf of the United States of America, I do hereby recognize the independence of the Philippines as a separate and self-governing nation and acknowledge the authority and control over the same of the government instituted by the people thereof, under the constitution now in force.” ( Proclamation, 60 Stat. 1352, No. 1695, 4 July 1946, Emphasis, supplied).
It is clear from the foregoing law and Proclamation that on 4 July 1946, the United States “proclaimed” and “recognized” the independence of the Philippines.Thus, since 1946 up to 1961, we have been celebrating our independence day on 4 July.
III. Change of Date from 4 July to 12 June
However, in 1962 under Proclamation No. 28, by the stroke of President Diosdado Macapagal´s pen, the celebration of Philippine independence was moved from 4 July to 12 June. What was the reason or reasons for such change?
The reasons given by Pres. Diosdado Macapagal for such change of date as contained in his Memoirs “A Stone for the Edifice”were due to “inconvenience” encountered and not “inspiring enough”. In his words:
“I noted that the celebration of a common independence day with the United States on July 4 caused considerable inconvenience. The American celebration dwarfed that of the Philippines. As if to compound the irony, July seemed tantamount to the celebration of Philippine subjection to and dependence on the United States which served to perpetuate unpleasant memories.”
The other reason given by Pres. Macapagal was:
“July 4 was not inspiring enough for the Philippine youth since it recalled mostly the peaceful independence missions to the United States. The celebration of independence day on June 12, on the other hand, would be a greater inspiration to the youth who would consequently recall the heroes of the revolution against Spain and their acts of sublime heroism and martyrdom.”
Others opined that the reason for the transfer of our commemoration of independence day from 4 July to 12 June was due to the action of American Congress in backing out of a commitment to pay the Filipinos US $73 million in war damages.
This was, however, denied by Pres. Macapagal when he said:
“Let me avail of this opportunity to disabuse the minds of those who suggest that the transfer of our commemoration of independence was prompted by the American Congress in backing out of a material commitment and obligation to our people. There is no causal relation between the two events. We commemorate our freedom on this day because the paramount truth and historical reality so justify and not for any transient reason.”
IV. Relevant Issue / Conclusion
Whatever may be the reasons for changing the date of celebrating our independence day, the relevant question to ask is: “Could the commemoration of the proclamation and recognition of our independence on 4 July as ordained by law (Tydings-McDuffie Act of 1934) be changed or amended by a mere subsequent Proclamation not back up by another law?
From the legal standpoint, it could not be changed by a mere Proclamation. It could be changed only by another law or in pursuance of an Act of Congress. Consequently, two years later from 12 May 1962 date of the issuance of Proclamation No. 28, President Macapagal on 4 August 1964 signed into law Republic Act No. 4166 prescribing 12 June as “Phiippine Independence Day” and making July 4 as “Republic Day.” Later, July 4 became known as “Fil-American Friendship Day.”
There may be good reasons in changing the date of celebrating our independence day to 12 June motivated by patriotic intentions even if it may be of doubtful legality and historical accuracy. Although a subsequent law (Republic Act No. 4166) was adopted prescribing 12 June as “Philippine Independence Day,” in reality said date was a mere “Proclamation” or declaration of a desire to be free and independent in 1898. Under the eyes of international law, we did not attain independence on said date because we were defeated in the field of battle and failed to obtain recognition of said independence in the corridors of diplomacy. What was recognized by law and diplomacy was te independence proclaimed and established on 4 July 1946.
Could the historic and legal infirmities of 12 June be remedied by a law (Republic Act No. 4166) prescribing June 12 as “Philippine Indpendence Day” although not supported by actual historical events and recognized by the law of nations?
Perhaps realizing such infirmities, the Department of Foreign Affairs, notwithstanding the signing into law of Republic Act No. 4166 on 4 August 1964, decided to issue on 3 May 1967 Foreign Service Circular No. 46-67 requiring that official invitations for 12 June celebration should be worded “To Celebrate the Sixty-ninth Anniversary of the Proclamation of Philippine Independence” and not “To Celebrate the Sixty-ninth Anniversary of Philippine Independence.” In other words, the ForEIGN Service Circular was trying to convey that we should be celebrating on 12 June “the Anniversary of the Proclamation of Independence” and not the Anniversary of the actual fact of being an independent and sovereign nation.
The legal and actual fact of our being an independent and sovereign nation was the one proclaimed and recognized on 4 July 1946. What we celebrate on 12 June is the Proclamation of our Independence but not the achievement of independence. Ib 12 June this year, we shall, therefore, celebrating the 109th Anniversary of the Proclamation of our Independence but not the achievement of independence.