POLIGOV 3 (2) : THE DEVELOPMENT OF THE PHILIPPINE GOVERNMENT AND CONSTITUTION © Gianna Gayle H. Amul THE DEVELOPMENT OF THE PHILIPPINE GOVERNMENT AND CONSTITUTION A BRIEF SURVEY  General Outline 1. The First Philippine Republic from 1899 to 1902 2. The Philippine Commonwealth from 1935 to 1945 3. The Period of the Independent Philippine Republic from 1946 to 1972 4. Martial Law Period from 1972 to 1985 5. The Fifth Republic from 1987 to the present THE FIRST PHILIPPINE REPUBLIC FROM 1899 TO 1902  The Malolos Republic based on the Constitution of 1899  The First Philippine Republic  Context: 1896 Philippine Revolution against Spanish colonial rule  First initiative in Asia for a democratic republic  The government is “popular, representative, alternative and responsible” and “shall exercise three distinct powers, namely the legislative, the executive and the judicial (Art.1)”  “Any two or more of these powers shall never be united in one person or corporation nor the legislative power vested in one single individual” (Art.2)  Government type: A parliamentary system of government with a unicameral national assembly  The Executive- The President  Initiate the introduction of bills equally with the members of the assembly  Promulgate and execute the laws  Supervise civil and military employees  Appoint the secretaries of the government  Direct the diplomatic and commercial relations with foreign powers  Ensure the administration of justice throughout the Philippines  Grant pardon to convicted criminals in accordance with the laws  Preside over national functions and receive ambassadors and accredited representatives  The Legislature-The Assembly of Representatives  the president and the cabinet were to be elected by and responsible to the Assembly of Representatives  Title 5 of the 1899 Constitution noted the following functions of the Assembly:  Representative  Legislative  Judicial (constitution of a Tribunal of Justice among its members to hear and determine crimes against the security of the state)  Members of the Malolos Congress, the constituent assembly of the First Philippine Republic  The Judiciary  Vested in one Supreme Court of Justice and in other courts established by law  The Chief Justice and the Solicitor General were to be chosen by the National Assembly and were absolutely independent of the legislature and the executive  The war however prevented the practical and realistic implementation of the power of the judiciary THE PHILIPPINE COMMONWEALTH (1935 TO 1945)  Based on the 1935 Constitution and the United States’ Tydings-McDuffie Act  The Commonwealth  A commonwealth in the transition to independence from American colonial rule with a unicameral national assembly whose members were to be elected for a term of four years  Precursors:  1907 Elections for the Philippine Assembly as pursuant of the US’ Philippine Bill of 1902  Jones Law or the Philippine Autonomy Act of 1916 that provided for the grant of independence as soon as a stable form of government could be set-up  US Tydings-McDuffie Act paced the way for the election of the members of the Constitutional Convention in 1934 who drafted the 1935 Constitution  1935 Constitution  most valuable document in constitutional history as it guided the Philippine Commonwealth and thereafter the Philippine Republic from 1946 to 1972  it contained the preamble, bill of rights, territorial scope and boundaries, democratic principles, separation and limitation of powers, provisions on the transition from the Commonwealth to the Republic, and specific provisions on suffrage for women, education, citizenship, auditing, civil service and amendments.  The Executive Executive powers were vested in the President and a Vice-President  Powers of:  Appointment  Executive control POLIGOV 3 (2) : THE DEVELOPMENT OF THE PHILIPPINE GOVERNMENT AND CONSTITUTION © Gianna Gayle H. Amul  Budgetary  Military  Power to declare martial law and suspend the writ of habeas corpus  Power to grant reprieves  Treaty-making power  Taxation  Veto Presidents of the Commonwealth: Manuel L. Quezon (1935 to 1944)  steered the passage of the National Defense Act and 18 of the 22 administration bills during his term  social justice for the poor, combat electoral fraud and graft and judicial integrity  reorganized the executive bureaucracy and introduced improvements in health, education and public works, as well as planning for economic development Presidents of the Commonwealth: Sergio Osmeña (1944 to 1946)  organized the People’s Court to try cases against top national leaders charged for collaboration with the Japanese;  reconvened the legislature;  conducted the last Commonwealth elections  pursued reconstruction and rehabilitation and;  initiated foreign relations  The Legislature  unicameral congress before 1940  in 1941, elections for a bicameral Congress were held after a plebiscite approved the amendment of the Constitution to restore the bicameral Congress in 1940  Functions:  Legislative- enact laws, regulations, revenue and tariff measures, appropriation, creation of political units, etc  Executive-Commission on Appointments, investigations in aid of legislation, etc  Judicial-impeachment  Diplomatic-ratification of treaties  Constituent- constitutional convention  Representative- national welfare  The Judiciary  Judicial power was vested in one Supreme Court and such inferior courts as may be vested by law (Art.8)  Judicial Independence and Legislative Power  promulgation of rules concerning pleading, practice and procedure in all courts and the admission to the practice of law  constitutionality of a treaty or a law  rise in quasi-judicial bodies that performed regulatory and adjudicatory functions. THE THIRD REPUBLIC 1946 TO 1972  based on the full enforcement of the 1935 Constitution  Began with the Inauguration of an independent Republic of the Philippines on July 4, 1946  The Executive: President as chief executive  The entire bureaucracy under the president’s administrative direction and executive control  The local government under the president’s general supervision  The military organization as its civilian commander in chief Presidents of the Third Republic  Manuel A. Roxas (1946-1948)  Elpidio R. Quirino (1948-1949, 1949-1953)  Ramon Magsaysay (1953-1957)  Carlos P. Garcia (1957-1961)  Diosdado Macapagal (1961-1965)  Ferdinand E. Marcos (1965-1969, 1969-1972) Common Development Objectives  to resolve the agrarian problem rooted in the landowner-tenant relationship, associated with communist insurgency and thereby eradicate the security problem (successfully suppressed by Magsaysay in the 1950s);  to induce employment and resolve problems with inflation, low wages and increasing costs of living  to curb graft and corruption and render efficient public services  to achieve food sufficiency and agricultural productivity  to stimulate industrialization and economic progress  The Legislature  Bicameral body with a 24-member Senate presided by a Senate president and a 120 –member (maximum) House of Representatives (serving a term of four years with unlimited reelection) presided by a Speaker  preoccupied with local bills or particularistic legislation  persistent conservatism of Congress in policymaking and its neglect of basic issues affecting national development POLIGOV 3 (2) : THE DEVELOPMENT OF THE PHILIPPINE GOVERNMENT AND CONSTITUTION © Gianna Gayle H. Amul  failed to enact the necessary economic and political reforms to solve social problems and its relatively low legislative performance  eventual decline in prestige and power vis-à-vis that of the President  The Judiciary  The Supreme Court functioned as it did during the Commonwealth period with the addition of the Court of Appeals  characterized by the Court’s restraint in exercising judicial review because of:  political patronage  same pool for recruitment  A strong presidency  utang na loob and hiya  collective in decision-making thus judges in collegiate courts are predisposed toward consensus rather than self- assertion MARTIAL LAW PERIOD FROM 1972 TO 1985  based on the Constitutions of 1973 and 1981  Martial Law  Marcos declared Martial Law on September 21, 1972 before the end of his second term as president under the 1935 Constitution  an extraordinary power of the president aimed at suppressing “invasion, insurrection, rebellion or imminent danger thereof” by consolidating government powers with the chief executive and suspending civil liberties such as the writ of habeas corpus  The Executive: Ferdinand Marcos  Consolidated and exercised the executive powers of the 1935 Constitution and the 1973 Constitution  unbridled legislative power with the sixth amendment to the 1973 Constitution : “whenever in the judgment of the president there exists a grave emergency or a threat or imminence thereof, or whenever the interim Batasang Pambansa or the regular National Assembly fails or is unable to act adequately on any matter for any reason that in his judgment requires immediate action, he may, in order to meet the exigency, issue the necessary decrees, orders or letters of instruction, which shall form part of the laws of the land.”  The Executive: Ferdinand Marcos  leadership and control of the majority party (Kilusan ng Bagong Lipunan) and the congruence of political interests among the president and the MPs  In 1981, he lifted martial law and proclaimed the New Society but his political rule epitomized not only a dominant executive but a dictator who encroached on democratic institutions and who caused the plunder of the economy disguised in the rhetoric of development  The Legislature-Batasang Pambansa  the unicameral legislative body which exercised limited lawmaking powers in relation to Marcos’ decree-making power  Shifted because of declining legislative performance of and consequent loss of popular support for the Congress in the 1960s.  several limited powers: legislation, to oversee administration, to declare war, to ratify treatises and to impeach officials  structured to rationalize the legislative system and eventually to facilitate and expedite policymaking  The Judiciary  All pretense of judicial independence was lost  under constant threat of removal and their tenure was dependent on the will of the president  came out of Martial Law severely damaged, its reputation among Filipinos very low.  paved the way for holding the snap elections of 1986 when it dismissed the petitions against it on the grounds that it is unconstitutional since there was no vacancy in the office of the president and because his conditional resignation would take effect ten days after the proclamation of the results of the elections THE FIFTH REPUBLIC FROM 1987 TO PRESENT  based on the 1987 Constitution  ratified on February 2, 1987 pursuant of the Freedom Constitution which called for the convening of the Constitutional Commission which drafted the new constitution  a democratic and republican state (Art.2, Sec.1)  Principles of the 1987 Constitution (See Declaration of Principles)  sovereignty of the people;  recognition of international law;  a policy of peace, equality, justice, freedom, cooperation and amity with all nations;  civilian authority over the military;  duty of the government to serve and protect the people;  maintenance of peace and order, the protection of life, liberty and property, the promotion of the general welfare;  the inviolable separation of Church and State  The Executive- The President POLIGOV 3 (2) : THE DEVELOPMENT OF THE PHILIPPINE GOVERNMENT AND CONSTITUTION © Gianna Gayle H. Amul  restricted executive powers vested on the president as deterrent to abuse given the background of the Marcos dictatorship and previous constitutions  Crucial provisions pertain to the exercise of emergency powers, suspension of the privilege of the writ of habeas corpus, declaration of martial law, powers of appointment, and accountability of public officers, including removal from office by impeachment. Post EDSA I Executives Corazon C. Aquino (1987-1992)  Her presidency ushered the new post-authoritarian, redemocratization phase in Philippine political and constitutional history  her rise to political power from her background as housewife during the political career of her slain husband, former Senator Benigno Aquino.  entered the presidency without the skills of the traditional politician  recognized her role as transition president and her mandate to bring about the transition from the Marcos dictatorship to the restored democracy  Post EDSA I Executives Fidel V. Ramos (1992-1998)  The military turned politician and elected president, confronted with the challenge of sustaining the democratization processes.  a “minority” president, his campaign initiated the new political strategy of coalition building creating the Lakas NUCD (National Union of Christian Democrats) a multi-party coalition.  Post EDSA I Executives Joseph E. Estrada (1998-2001)  The movie actor turned politician who stepped down from office on account of the January 2001 EDSA people power event (EDSA 2).  was the first president to have gained a majority of the votes (40%) for election into office.  credited to have waged an all-out war against the Moro Islamic Liberation Front Post EDSA II Executives: Gloria Macapagal-Arroyo (2001-2004, 2004-2010)  Became president by accession to Estrada’s unexpired term and subsequently by election in 2004 (though marred with the Hello Garci election fraud controversy)  issues have been raised on the use of people power, voluntary resignation, constitutional processes of impeachment and elections for the purposes of eliciting presidential accountability. Post EDSA II Executives  Benigno Simeon Aquino III  Bested re-electionist and plunder-convicted (later pardoned by GMA) Joseph Estrada in the May 2010 elections and Senate President/billionaire Manuel Villar  The Legislature  A bicameral body composed of the Senate and the House of Representatives with the same powers as that of the legislature in the 1935 Constitution  The House of Representatives is also composed of party-list representatives  Congress’ declining performance, with local importance of most bills enacted into law, and where majority of the laws were initiated by Congress  The Judiciary  One of the independent, co-equal, and coordinate branches of the Philippine government  Judicial power is vested on the Supreme Court and in such lower courts as maybe established by law.  The 1987 Constitution also contains provisions to enhance the independence of the judiciary, especially the Supreme Court, in keeping with its role as the guardian of the Constitution and guarantor of the people’s basic constitutional rights  The Enhanced Independence of the Judiciary  Security of tenure  Fiscal autonomy for the judiciary  Creation of the Judicial and Bar Council  Expanded power of judicial review  Power to review the proclamation of martial law and the suspension of the writ of habeas corpus  Judge of presidential elections

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