Distribution of governmental powers in the Philippine Islands; a study of the present government of the Philippine Islands: its structure and the relations of the three branches Item Type text; Thesis-Reproduction (electronic) Authors Javier, Juan Y Publisher The University of Arizona. Rights Copyright © is held by the author. Digital access to this material is made possible by the University Libraries, University of Arizona. Further transmission, reproduction or presentation (such as public display or performance) of protected items is prohibited except with permission of the author. Download date 29/09/2021 00:35:51 Link to Item http://hdl.handle.net/10150/553783 DISTRIBUTION OF GOVERNMENTAL POWERS IN THE PHILIPPINE ISLANDS A Study of the Present Government of the Philippine Islands: Its Structure and the Relations of the Three Branches, by Juan Y, Javier Submitted to the Faculty of the Graduate School of the University of Arizona in partial Fulfillment of the requirements for the degree of Master of Arts in History and Political Science. College of Letters, Arts and Sciences, University of Arizona, Tucson, Arizona May 10, 1929. E ? V 9 / / 92.9 /£~ to inr MOTHER, THIS WORK IS AFFECTIONATELY DEDICATED 71694 WSE This BamBbript eMeavors to show the presence of tri­ partite division of governmental powers in the present structure of the Philippine Government, as also found in most civilised governments. Despite the belief of many that the separation of powers in the Philippines is as complete as in most governments, it is attempted here to show that the Philippine Autonomy Act does not intend to have the three governmental authorities absolutely inde­ pendent of each other. This is particularly true of the Executive and the legislature in their relations with each other. What the fundamental law really intends to do is to n place in the hands of the people of the Philippines as large a control of their domestic affairs as can be given them without in the meantime, impairing the exer­ cise of the rights of sovereignty by the people of the United States, in order that, by the use and exercise of popular franchise and governmental powers, they may be the better prepared to fully assume the responsibilities and enjoy all the privileges of complete independence.rt By . this, the Filipino people should be given participation in the exercise of the executive power, inasmuch as the Chief Executive is an American and he is neither a repre­ sentative of* nor responsible to, the people of the Philip pine Islands. The creation of the Council of State com­ prising the Governor-General as ex-officio member, the Department Secretaries, and the spokesmen of the two houses of the Legislature, demonstrates this fact. In the preparation of this work, I hare used freely Philippine Statutes, Malcolm, n The Constitutional Law of the Philippine Islands,” Kalavv, " The Present Government of the Philippines," as well as the " Reports of the Governor-General of The Philippines," they "being the most authentic sources of materials written on the present structure of the Philippine Government. Indeed, in a work of this kind, it is more"fitting to apologize for anything now that one says than for following in old beaten tracks." I have, of course, hoped that without making too radical departures, I have introduced some improvement in the pres­ entation of materials. Much appreciated help, suggestions and encouragement from my professors and other friends are duly acknowledged. J.Y.Y. College of Letters, Arts and Sciences, University of Arizona, Tucson, Arizona. May 10, 1929. CONTENTS ******** CHAPTER I INTRODUCTION Page 1. The Structure of the Philippine Government — -— — I 2. The Philippine Autonomy Act-- — ---------------- 4 3. The Separation of Powers in the Philippines — — — — 11 CHAPTER II THE EXECUTIVE DEPARTMENT I. The Governor-General — — ------ — ----- ------— ----- 12 Cj e The Executive Departments 23 3, The Council of State —————————— -- — 29 4. The Pardoning Power ------- — — — --- — — — 34 5, The Budget System —————————— 38 6. Finances of the Philippine Islands — ------- -— — 40 CHAPTER III THE RELATION OF THE EXECUTIVE TO THE JUDICIARY 1. The Judiciary-------------------------------------- 49 2. Immunity of the Executive from Judicial Control — - 55 3. Executive Function of the Judiciary — — ----------- 60 4. The Power of Removal for Cause ---------- —— ------ 63 CHAPTER IV THE RELATION OF THE EXECUTIVE TO THE LEGISLATURE 1. The Legislature — — - — 68 2. Executive Power of Supervision and Control -----— - 75 3. Legislative Function of the Executive————— 82 4. Executive Function of the Legislature-------------- 90 CHAPTER V Page THE RELATIOH OF THE LEGISLATURE TO THE JUDICIARY 1. Legislative Interpretation — ------------ .-------- ----94 2. Inquisitorial Power of the Legislature and its Power to Punish for Contempt--------------------98 3. Legislative Function of the Judiciary--- -----------101 CHAPTER VI LOCAL GOTERHMEBT I* The Insular Government of the Philippine Islands — 105 2. The Government of the City of Manila ------- — ------111 3. The Provincial Government--- -----———— 121 4. The Municipal Government — --------— ------ igo BIBLIOGRAPHY------------------------------- -------- 131 CHAPTER I BiTRODUCTIOH ****** THE STRUCTURE OF THE HIILIPPIHE GOVERHME1T * * * * * * * To "begin with, it is necessary to point out the different forms of government which have existed in tho Philippine Islands since the American Occupation, Since the I3th day of August, 1898, there have existed in the Philippines several distinct forms of government, First, A Ullitary Governmenti From the 13th day of August, 1898, until the first day of September, 1900, there existed a military government in the Philippines under the authority of the President of the United States, That government exercised all of the powers of government, Including executive, legisla­ tive and Judicial. Second. Divided Military and Civil Government: From the first day of September, 1900, to July 1st, 1901, the legisla­ tive department of the government was transferred from the Military Governor to the United States Philippine Commission, to be thereafter exercised by said Commission in tho place and instead of the Military Government, under such rules and regu­ lations as the Secretary of War might prescribe, until the ©stab liehment of the civil government for the Islands or until Con­ gress should otherwise provide. During that period the execu­ tive authority v/ao vested in the military governor, while the legislative authority was vested in the Philippine Commission. President McKinley appointed the following persons to compose 1. Report of the Governor-General of the P.I. House Document, Ho. 325, 7Uth Gong., 1st SesB., p. 50 (1927) 2 the Philippine Coamleeion, dated April 7, 1900. Hon. William H. Taft, of Ohio; Professor Dean C. foreester, of Michigan; Hon. Luke I. Wright,of Tennessee; Hon. Henry C. Ido, of Vermont and Professor Bernard Moses, of California) They are to continue and perfect the work of organization in the Philippines already commenced "by the military authorities, subject in all respects to any laws which Congress may hereafter enact. The instruction which dated April 7, 1900, at the Executive Mansion, Washington is as follows: Beginning with the first day of September 1900, the authority to exercise, subject to my approval, through the Secretary of War, that part of the power of government in the Philippine Islands which is of a legislative nature is to be transferred from the military governor of the islands to this commission, to be thereafter by them in the place and stead of the military governor, under such rules and regulations as you ■shall prescribe, until the establishment of the civil central government for the islands contemplated in the last foregoing 2 paragraph, or until Congress shall otherwise provide. On the fourth day of July, 1901, the executive power theretofore possess­ ed by the military governor was transferred to the President of the United States Philippine Commission. Third: Civil Government. From the 4th day of July, 1901, to the 16th day of October,1907, the executive and legislative powers of the Philippine Government were possessed by the United States Philippine Commission. The President of the Commission not only possessed and exercised the executive power of the government but sat as a member of the United States Philippine Commission 2. Instruction of the President to the Philippine Commission, T p b, April, v, j_yuu. Washington; as a mcnber of the legislative department of the government. Fourth. legislative department of the government divided into two "branches: On the 16th day of October,1907, the legislative of the government was divided into two branches -- The United States Philippine Commission and. the Philippine Assembly — which form continued up to the 16th day of October, 1916, The Governor-General during that period not only possessed the exe­ cutive powers of the government, but acted as a member of the branch of the legislative department known as the United States Philippine Commission. Fifth, legislative department of the government separated from the executive department: From the 16th day of October, 1916, until the present time, by virtue of the provisions of the Jones law, the executive and legislative departments of the government have beer, separated, each constituting a separate and distinct department of government, the first represented by the Governor-General and the second by the Philippine legis-