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AT A GLANCE:
xxx a de facto government is one wherein the said government is in control of the political affairs in the state; lacking one or more of the legal requisites of government. (Nachura, 2016)
In political science and international relations, a de facto government is one wherein the said government is in control of the political affairs in the state; lacking one or more of the legal requisites of government. (Nachura, 2016)
There are several kinds of de facto governments. The first, or government de facto in a proper legal sense, is that government that gets possession and control of, or usurps, by force or by the voice of the majority, the rightful legal governments and maintains itself against the will of the latter, such as the government of England under the Commonwealth, first by Parliament and later by Cromwell as Protector. The second is that which is established and maintained by military forces who invade and occupy a territory of the enemy in the course of war, and which is denominated a government of paramount force, as the cases of Castine, in Maine, which was reduced to British possession in the war of 1812, and Tampico, Mexico, occupied during the war with Mexico, by the troops of the United States. And the third is that established as an independent government by the inhabitants of a country who rise in insurrection against the parent state of such as the government of the Southern Confederacy in revolt against the Union during the war of secession. (Co Kim Cham v. Eusebio Valdez Tan Keh, G.R. No. L-5, September 17, 1945)
De facto governments represent a complex and nuanced aspect of political governance, operating effectively in practice while lacking formal legal recognition. Through historical and contemporary examples, we see that de facto governments can emerge in various contexts, from revolutionary regimes to contested territories. Their existence poses significant challenges related to international recognition, legitimacy, and governance. Understanding de facto governments is crucial for analyzing the dynamics of power and authority in global politics and for addressing the practical and ethical implications they present in the international arena.
Related Article/s:
Constitution Day, under Proclamation No. 211, series of 1988
United Nations in the Philippines
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