The most iconic photo of General Miguel Malvar is catalogued under reference detail PR13 CN 1972 218 at the US Library of Congress. The file shot, taken by the Americans after his surrender in 1902, was the standard image that appeared with every news story or article on him. The inscription on the photo, which is frequently omitted from the numerous online and printed versions, makes the original copy unique and compelling. The caption reads: “General Malvar, Successor to Aguinaldo.”

This is highly significant because it clearly illustrates how the Americans, who the Filipinos fought against, regarded Miguel Malvar — second in line to Emilio Aguinaldo, the president of the First Philippine Republic.

Though it supports the argument, Miguel Malvar’s case as the second president is not reliant on such image. The legitimacy of Malvar’s standing as president is contingent on the legality of the Malolos Republic and its Constitution, which established Aguinaldo’s presidency and the succession orders he issued in that role,

Despite the strong proof that he was Aguinaldo’s direct successor, Malvar is regrettably not listed in the roster of Philippine presidents. This glaring omission needs to be corrected so that he can take his rightful place in the prestigious roll and be officially recognized as a president of the Philippines under the First Republic.

The basis of Malvar’s presidency

The First Philippine Republic was formally established with the proclamation of the Malolos Constitution on 21 January 1899, in Malolos, Bulacan. The First Philippine Republic is a legitimate government, with functioning institutions.

Emilio Aguinaldo became the inaugural president of the First Philippine Republic. He held that office until March 1901, when he was captured by United States forces during the Philippine–American War (1899–1902). Miguel Malvar assumed full command over the entire forces in July 1901, with the imprimatur of the Hong Kong Junta (Central Committee in Hong Kong). For over a year until his surrender on 16 April 1902, Malvar was the de facto president of the Philippines.

Historian Luis C. Dery in his book “Army of the Philippine Republic” explains the basis of Malvar’s assumption of power:

“The June 27, 1900 decree specifically designated General Trias to succeed Aguinaldo in the event of his capture, death, or whatever form of incapacity to perform the function of office of the President and Commander-in-chief of the Philippine Republic and its Army. General Miguel Malvar became a contender to Aguinaldo’s post because of the fact that at the time General Trias surrendered, Malvar was Trias’ second-in-command. Thus, by virtue of Aguinaldo’s succession’ decrees of February 16, 1899; November 13, 1899; and June 27, 1900, General Malvar, with Trias’ surrender, became the logical successor to Aguinaldo’s post and to the leadership of the Filipino struggle against the Americans.”

“The Filipino Revolutionary committee (or Hong Kong Junta) officially confirmed Malvar’s assumption of Aguinaldo’s post. This was in consonance with a provision of Aguinaldo’s June 27, 1900 decree, where it vested the Hong Kong Junta with the authority to assume Aguinaldo’s post during the interregnum following his death or captivity while looking for a successor. It was this authority that the Hong Kong Junta invoked when it confirmed Malvar as Aguinaldo’s successor.”

Key points worth highlighting are: 1) Aguinaldo’s death or captivity triggers the succession decrees; and, 2) the succession is to “Aguinaldo’s post” to perform the function of office of the President and Commander-in-chief of the Philippine Republic and its Army. The leadership position of the Filipino struggle against the Americans is for both the Presidency and the Supreme Command of the Forces, not merely one or the other.

The succession decrees guaranteed the Republic’s survival, proving the framers’ foresight in preparing for the possibility of Aguinaldo’s capture and incapacity and guaranteeing the survival of the institution he represented.

In his 19 April 1901 letter to Aguinaldo upon learning of the latter’s capture, Malvar also demonstrated his initiative and resolve to address the vacuum in leadership:

“MY RESPECTED CHIEF AND SIR:

From the time that Señor Trias changed attitude, I took the liberty to assume the command which he forsook, not because I thought myself worthy of it, nor on account of my past services, which up to the present time have been no better than those of a poor soldier, but by regular order of seniority, and to prevent the complete demoralization of this part of our army.

For the present I shall await the orders of my Chief with respect to the conduct of our politico-military organization, but I should regret to refuse for the first time, and you would have to pardon the first proof of insubordination or lack of discipline, should you by chance order me to surrender my arms.”

The Central Committee in Hong Kong, in a letter directed to the US President in October 1991 appealing for independence, also clearly defined the status and position of Malvar, and the relationship between Malvar and the committee:

“The committee, having authority to act from the general in command of the Filipino forces, beg to submit for your earnest attention and favorable consideration, an appeal, the objects of which are to secure, if possible, permanent peace in our country, and to suggest the establishment of such relations between the two countries as shall meet the approval of the American government, and at the same time satisfy the legitimate aspirations of our people.

In a recent proclamation, Gen. Malvar, now in command of our forces, declares: “Our banner is not that of war against America, but of rightful defense of a people whose most cherished and sacred rights have been trampled underfoot.” He further declares that the aim is not to “kill all Americans, who, lie ourselves, have mothers, wives, daughters or sons who would mourn their loss,” but to defend “our legitimate right to have a government of our own and an independent life.” In this he expresses with dignity and precision the sentiments of every right-thinking Filipino.

Without necessarily seeking for recognition of our authority, we consider it proper to state, very briefly, by what authority we act:

In an official communication, dated 31st of July, 1901, Gen. Miguel Malvar, in supreme command of the Filipino forces, confirms the power previously held by this committee, and supplements it, declaring us to be the body legally representing those in arms, and recognizing in us the fullest powers.”

On 13 July 1901, in a proclamation addressed to the Filipino people and its army, Miguel Malvar announced that he was taking overall command, albeit reluctantly, at the behest of the Central Committee, because of the necessity of having a leader to direct the struggle:

“Events known to all and of sad misfortune to the country, have placed me by reason of my rank, in the Supreme Command of our Liberating Forces.

I was desirous that, as when I assumed the Superior Commander ship of Southern Luzon, a General Assembly of those struggling and working for the common cause, should meet and designate who was to assume it. But this Assembly is impossible for the present, and being pressed on the other hand repeatedly by our Committees of Independence abroad as also by prominent persons in the Archipelago, and it becoming daily more urgent and necessary that there should be a Superior Commander to give greater stability and strength to our defense, in order to save it from the grave danger menacing it, I assume this command from this date until said Assembly can meet, when I will gladly withdraw in favor of the person who may be elected by it, my only ambition and my highest desire being to see our land free from the foreign yoke.

This is my plan:

Consideration, honors and kindness for good and true patriots; severity against the malicious and criminals; hard inflexibility towards those who persist in being traitors; humanity towards the enemy, the laws of warfare being strictly observed, but their strict observance also being required, and no yielding with regard to the future of the Archipelago. I shall admit nothing which has no independence as its basis. For which negotiations as also for any other acts, I have granted and do hereby grant the fullest powers to the Central Filipino Committee abroad, whose decisions and recommendations I always intend to observe in all my actions.”

It is evident that Aguinaldo’s capture in March 1901 did not mark the end of the First Philippine Republic. It was sustained by Malvar’s rise to power and ascendancy. Through the persistence of the “insurgency,” the First Republic remained viable and operational while being under siege. The American colonists had not yet fully subjugated them yet.

A glaring omission

In the official roster of Philippine Presidents of the National Historical Commission of the Philippines, Emilio Aguinaldo is the first name on the list as President of the First Philippine Republic and the Malolos Constitution of 1899. Manuel L. Quezon is the second name cited by virtue of being elected to a six-year term in the first national presidential election made possible by the creation of the Commonwealth of the Philippines following the ratification of the 1935 Constitution. There is a 35-year gap between the first and second recognized Presidents of the Philippines.

Malvar is not mentioned in the roster of presidents, despite overwhelming evidence indicating he was a direct successor to Aguinaldo’s presidency.

The legality of the Malolos Republic and its constitution, which establishes Aguinaldo’s presidency and the succession decrees, are prerequisites for Malvar’s legitimacy as president. If Aguinaldo is recognized as the first president of the Philippines, then his successor should receive the same distinction and status, given that the justification for the second’s recognition is the same as that for the first’s — the Malolos constitution and the First Philippine Republic.

Rectifying mistakes

There is a precedent for correcting mistakes and addressing oversight. José P. Laurel’s Second Philippine Republic presidency of the Japanese-sponsored government during World War II was not recognized initially because it overlapped with Quezon’s exiled Commonwealth term. It was only in the 1960s that Laurel’s presidency was legally recognized.

Whether the official declaration is executed through an act of Congress or through an executive order, the National Historical Commission of the Philippines (NHCP) also needs to make a determination. They must state their stance on the issue, whether they are in favor of it or not. If the reasons why a deserving man’s case is prohibited are not given, the NHCP’s inaction denies him his proper place in history or, at the very least, denies his legacy the respect it merits.

It is important to keep in mind the following statements made by the Philippine Central Committee, which affirmed Malvar’s takeover of Aguinaldo’s post: We claim to have authority on behalf of the Philippine people -- authority which, having been properly conferred, is acknowledged and would be obeyed.

This is the authority that counts the most. Sovereignty emanates from the Philippine people as embodied then in the Malolos Constitution. This sovereignty existed before the war between the Filipinos and the Americans broke out, and even before the United States exercised dominion in the Philippines.