past 1 THE ORIGIN AND DEVELOPMENT ( OF THE PHILIPPINE ConsTITUTIONAL SYSTEM Unlike other countries in Southeast Asia, such as Thailand, the notion of a central or national government was unknown in the Philippines until the establishment of Spanish sovereignty in the country and the organization of government in Manila in 1565, What the country had were so many barangays whi jyere emall unite of government held together by family ties. Probably the nearest to a national government was a loose federation of these barangays. Factors of geography (the Philippines being an archipelsgo) doubtless contributed to the late political integration and development of the country. Even after the establishment of Spanish sovereignty, the notion of eonstitutionalism did not gain ground until about‘PHILIPPINE CONSTITUTIONAL SYSTEM soo, when bertacan eas from Baropé found thelr Wee | re ap of the opening ofthe Suet Canal. The the Philippines 3 ens of Malls famed a Conttation Put : 7 Hevolutonar omer of ahistorical interdt athe governmens ons mora dnaugurated on January 23 199, was ' set up by. set uP ope fll of Malolos, the capital of the Repo, fe Shortie Tyypa on March 31, 1890 marked the demise of he Jitot Philippine Republic, The Filipino soldiers were ‘treated as ‘mere insurgents Fhe Treaty of Paris, by ich the Philippine Islands were cedad to the United States, is cherefore generally regarded as cede ne the foundation ofthe constitutional system of Foe \ ‘fam ORIGIN AND DEVELOPMENT OF THE "PHILIPPINE CONSTITUTIONAL SYSTEM. Ave esl vas that whe the new poten ensed io be 2 ene a a nc campleny a met ney ‘orci Othe eassion, This was the ruling of the U.S, Supreme szson ofthe enn, Th at nwa hl that ales our in te ene Se ingot ome of dae impor under a orl cane cou no lenge be onal "imparted fom rs Porto Reo after the cola on ee teres on pv, 108? But wae "ale of eee cul wally grovie for te payment of custo duties on the products of Porto Rico lower perme of custom eo eo foreign cote than thee imposed on Ue Pfs. Contain, proving = = foundation of PORETppne_constitationsl Decaue the ever giport, and. excises shall be uniform Soe begin with the first instrument wp gout the United States,” cid not apply to Portp Ric. ———rosiens lini Tasiroctoas. explore = ee ee Nemes of the various periods: ih th wie a dnruatioalsoae Porta Rico WAR ER ———— ‘he malor ae Phitppine constitutional eystem has passed» Fide entry, since itvas sje to-the sovereignty of and {ore EY nied States, it was foreign to the United = Lie fame ANENOAN GOVERNMENT ras own mente sense, becae the island had not been i 7 ° incorporated into the United States, but_was merely Fe pritantatySpinaancsieisaie SRE — by ce Trenty of Paris on April 11, 1899 gave rise to mes ver Sete-wee bai appleatiaiosia] Sees Ametiean mainland across the Pacific and inhabited PY Stitutional. problem. Lying several thousand miles away i | Te peopie of vasty different culture and political background, the question of statehood for the Philippines was ruled out 9 the dutset Indeed, unlike the treaty with France, with respect \ Hee Gio purchase of Loulsiana, which provided that, “ihe I 1 eet ante of the eeded terr'tory shall be incorporated in the ina tae se United States, and admitted as soon 8 possible, Union ie to the principles of the Federal Constitution, to the Sgjoyment of all the rights, advantages, and immunities of enjoyment the United State” the Treaty of Paris ptipulated | items ct to orto Rico and the Philippines that “the civil wae eeere political status af the native Inhabitants of the if Tights and pong ceded to the United Statoe hall be X determined by the United States Congress”: [Bee enerully, G- MRLCOLM. PEILIEPINE CONSTHTUTIONAL aw.147-158, 164-168 (2d ed, 1908) ine of the Inul Philippines, the other ‘country ceded by Spain to the United eat the Treaty of Pari Said the Philippine Supreme Gourt in an early case: We reach the conclusion this ns That while the Piippie Islands consists entry which ha Reo sogired by and belongs tothe United Statey which as bee om ouween soc tretory and the terior dee eee of te United States with reference t the Trasicaon of the Usted Stat sristpat the Consitation was not extended’ here by the erm of the Testy af Faris under which the Philippine flands T De Lima v, Bidwei, ist U.S. 1 (1901; Downes v. Bidwell, 182 ys. 2440901). De Lima v. Bidwell, supra, note > * Downes v. Bidwell supra, note. 4 United Staten y. Dorr, 2 Pal. 269 (1909), aff in 195. U.S, 188 (1904) The Diamond Rings case, 183 U.S, 176 (1901): pein CONSTITUTIONAL SYSTEM i ‘ue ORIGIN AND DEVELOPMENT OF THE : . SHLIPPIN CONSTITUTIONAL SYSTEM & ? . ‘ wore acquired rom Spain, By the treaty the status ofthe cles [| the popular soversign onsitency, which Ties back of Ci : {erin was tebe determine by Congres American constitution : 8, ‘That the mere acto” cession of the Philippines to the * pi onganic acts were in the nature of charters, by means “] United States didnot extend the Coneitaton here except ch of whith Ie United States governed the Pailippine Islands Ik parts as-fall within the general principles of fundamental Timitations in favor of pe-eonal rights formulated in the Constitution and its amendments, and-which exist rather by inference and the general sirtof the Constitution, and except those express provisions of the Constitution which prohibit Congress from passing laws in their contravention under any cireumstances; thatthe proveions contained in the Constitution lating to jury trials do-not fall within either, of these exceptions, and, consequently, the right to tral by jury has not been-extendedhete-by. act of the ceision_of th ‘They served asa Constitution of she new territory from 1900 to | 1985._All lowes enacted by the territorial government had to Ganform tothe organic act.” A (president Mekin 2 | {Commision of April 7, 1g0fthe Act of Congreys of July 1, 1802, Stierwise own a i ‘Act of Congrest SF August 29,196, oherbise kncwn apne Jones Law ra Aenea: ‘The principal onganic acts of the Philippines were: | The_ocgupation~, Pres indey' Instructions. Ut fo seb trials that he i ‘4. ‘That Congress has passed no law extending here the provision of the Constitution relating to fury trials, nor were Any laws in existenee in the Philippine Islands, at the date of their cession, for trials by jury, and consequently there is no law in the Philippine Islands enttling the defendants in this case to i smraitted no error inoverruling their application fr a tril by ury.* ‘The Philippines then was what some writers called an poate tepony of the United Statens i ad stration was conducted first by the President of the United States, in his capacity as Commander-in‘Chief of the army of occupation, and later by the U.S. Gingress. The wrerament established in che Tslands was the creation of the J rived States Congress acting under its power to govern newly acquired teritories.As/the Philippine Supreme Court characterized the territorial government, of which it was a part: ur its powers aad the lim tations thereon, the Coyernment of| the Philippines looked to the orders of the President before Congress acted and the acts of Congress after it assumed control, Its onganigclaws are derived from the formally and togelly expressed Will of the President and Congress, instead of «+ United Staves v, Dore, supra note 6 at 288-284, Ww G, MALCOLM, supra_note 1. at 195; V.G. SINCO, PHILIPPINE "POLITICAL LAW 85 (11th ed 1962). Fe 4 Sel up i the Philippines « mil tary government headed by «| Military Governor. It derived ic the ‘with the force oF law. He reestatlished rganined in the Islands under Spanish sovereignty for certain purposes ind set: up. military comimissions and provost courts."* ‘Limitations upon his powers," as the Supreme Court. said in + Unite States. Bll, 5 Phil 7,27 (1910). 5 Soe First NéMonal Bank of Brunswiek v. County of Yankton, 301 US. 129 (1860). "The various acts of Congress conferring power upon the Philippine Lagslatorc, and defining, prescribing and Hating this power are to that legislature in the nature of an trgenfe act with te amendments hinding omit in like masiner as isthe Constitution of the United Stace upon Congress itself.” In re Gusti, 24 Phil, $7, 450932). "See Goverament ofthe Philippine Islands v. Springer, 60 Phil. 250, 296 (1827) (Johneon, , ecneurring, Severino v. Governor General, 16 Phil. 966 2910), +r General Orders No.8, Aug, 22, 188; Cubantagv. Wolfe 6 PAIL 274 4006 United States v. Beechem, 18 Phil. 2720910), e president of the United, Seacor-us-Commanderin-Chiet. | ‘Un September 1, 1900 thé Nilitery Goyerne exerssedall powers of government in thE Tsiaids"™ In addition to being et Executive heed of the Islands, he exeried tesla Dowers in the form of deerees, general orders and fegulations | ie American fe ust 12,1808, there waspaninPtNe CONSTITUTIONAL SYSTEM ‘Duarte v. Dade, “must be looked for in the laws of his ot Daverament and the instraetion handed him by his superior, government Miho U.S. Constitation, the Treaty, of Ear These eval law, with respect 1 ceded territory, the decane inti of te United States with repest such trstorisy ‘and by pisblie opinion.” ‘From she beginning, the United States fllowed a poucy cf ter note -q ORIGIN AND DEVELOPMENT OF THE Me PPINE CONSTITUTIONAL SYSTEM seu tthe Piping ade, 7 zs angen ge / | oN seman Tt was for the guldance of te ‘Seeond Philipping hairy chat President Williaa, McKie) igsued his nov Commissrtrutions.* ‘The Tnstructons. Here been variousl Lame nae "Magne Carta of the FRIDAY fhe “mas iguardin deseribel Fa example of organ 1A a ov of arpa pat pesterution of powers, administra 1 provision seer. balances, civilization ever ‘beheld ina singll eta” Actzally, #8 908 tbe ec on, “\ ‘prospects of @ long, ‘brutal campaign to suppress insurgency, = prospec commitment of fads and personnel or vr Tngtuction redid the Commision to ve DoT, \ ea ae ofa aay and tk A OE oe eeRENent ot muniial and provincial goveroe i ‘either the democrdtic conseienc> or ‘the budget.!* Thus, as early giving Filipinos the, opportunit ‘nanage their local affairs to : ie reminding that “the powers of military wien ragrenteat of whieh Dey wore CAPHDS sabject to the = jeeupation are absolute and # »end immedi at Tekat degree of supervision and control ‘consistent with the t ‘upon acre of law, order and loyalty.” The ‘Commission was |* rm Jupal laws not ineompatble w eo to reson tral government. which armours ore to bg eonsigere} as continuing 18 Tor " ‘wat re epe adiniatratinn of the ae judges could oT ‘aceept the authority of the United ‘mifitary authoritic — ade eto administer the ordinary law of the land, 6 | we ster the ordinary law of the land, ‘ifecijo-Septerber 1, 1000 2t(lecelat ST Ted bbebreen man and man, under the supervision ‘of the commander inidy—apointed. "Taft's afth instructions "to the Biliare the United to be transferred from y ee eniippine Commission, Tis incite’ the raising of States Prep ation, tne appropriation nd expenditure of venue dpe extabliakrment ofa educational SP ‘civil ae nd courts and loos? goverament =n ae ng and extablsing cant vcmment, already commenend by whe il che geernmes, ey ae ie came tow © Sp nnd Pine Commins err oe hve st ng Mtg Sd Anti in, are ts RO 1946, 1, 897). . Phil. 361918), = om brane aed ct Peng on er ie 6 ta the enactment of laws, the custons ‘habits and even prejudices of the natives ‘vere to be respected, ere Were: prejudefathe Tnstrctions, crt ie _pneiples” and ee ea eas” of government G2 ‘Beential to the Fule of ta and the main i tablished and maintained “fo liberty and Fauniness, however much they Tin Kass of Ue vahabieant "That na person shall be de without due process of aw te E wins ele ae without jst eomensatans Birsetihitoe me ovr ae and Tare DET, OPA by US. seerntny of War Ba Root, C. MALCOLM, Papra note at 223 ehpat ipPINE CONSTITUTIONAL SYSTEM sciminal promeutons the aca shall SY UT Says cei! Trout raf be infrmed of Sh See and ex spent and Dun enone wth Se St Ey of the nero oryprocna er oaTng Ge ‘ie mt have Sethe sasitane a couse fr st favor and hl ot be rented: or exami imposed, excessive nus puniobmet inirds nt no person all pore in jepady for the ene fees compel in ee al cate be a wits aa NS thatthe right any rim) copa onreatoabe steht and i toe series that nie alaer nor nV eritude not be vite cept aa a poniannent fo ie Bs ‘all of shal eet ata a ale peat shall stains dag te resion of ste on E “THE ORIGIN AND DEVELOPMENT OF THE PHILIPPINE CONSTITUTIONAL SYSTEM nly the execulf power of the gorernnete but acted a8 lye gf the legilative branch. (n additons the Office of rember Olenor and fone exerative depertmeny (terior, 7 Gommeree and Police, Finance, vend Justice) were ereated. Hore 4 TT iva prototype of the pasiamantart pserament provided in the 1978 Constitution. the Spooner amendment, however, wrought # fF ity rans ptchange in Ue government of he ands Tntended fundament gy queston = to the eee of Se of the any ae state, the amendint transforma 09 fe Unie yea cv one although enti” fom a miepyesident of the United State. ON ees if ner i oe to peacnbly ansemble 204 ition the of : oe tw fonction ded chat all itary, civil snd {dical i. tae eopesting an et ° e mdment prove vera tne Palppne Islands» SET i i fee eerese "Hegre enerie aod ees sed in sich perso" : fre ree Paton and weap without esas he. ¥est a the i of eee ual forever be low ares ee i ston of slavery an invaantary ered et) Pen of il goverment, and $0" Taine oy soothe eg wth foal atom ot Ne ea csutding ie iabitans of sid sland (816 freeenjoyment vos ge, but yan large the grant of ‘and paltical under By native could hardy be exec oe ested. The rr iberty, property, and relison.” AS the Philippine ‘Supreme Court noted: rin ts was more a reotition oF Fimitaton of the powers Or tne territorial government. ‘On the other hand, the Instructions provide Ot the aay vernor wan to rena “the eA esee8 hhead.of. the quvernment of the Islands "Pie meant that the exccutive ne ung vested. in the Military Govener, wbile the eat authority wns vested in the COMM SES ‘Thus, te vai mary government etalished on Aer 14, 1896 purely gy to a. divided siltary and civil fovernment 08 September 1, 1900. ‘duly 4, 1903 farther changes Inthe allocation of POSTS yor aud aa a result of the enactment of te ‘Spooner - reve mane fo the. army Appropriation BIL Ve exeentive STwer of the Military Governor. was transferred to. the power of Spe pallppine Commission, whe betas f the President of pe Al Governor, and the penton Miliary ‘Governor wos oolished. Te ‘Bil Governor ehus possessed mot we Spooner Amendment dot change oe fm Oh co Senha en etabinpd ye rele goverment wh Hid mae anamental ANE bie wa poe, yea hy he Present in tik a - to thelegal ate yf 101), legally speaking, date From ment of evil goverament” L oo tn actof the Philippine Commission a court syste Mean siabliahed consisting of a Supreme Cou ‘courts system Wa tee, and justice of te peace enurts. The jencia or Supreme Court and the courts of first instance which were tatablished under Spanish soverdis, Wor ‘abolished, but the Jastice of the peace courts, waleh were ‘established by the Sifitary Governor in 1898, were continued ip existence" The Miltary Gerrmisslons continued to function even after the < Governimentof the Philip Islands v. Springer, $9 Pil- 258 ny 102) Johnson, J. coneurrin8) Hee nee Governor-General, 16 Phil 365, 3822010), , 3 AoeNo 186, June 11, 1808, se. 39, 65, 66 (0). eatPHILIPPINE CONSTITUTIONAL SYSTEM ‘navguration of civil government, until July. 4 1901 when the inaerrat of the United States’ proclaimed the war in the Pllilippines to be at an end. |) The juicary ths organize, together wit the Phung] mre ema ‘Tule ORIGIN AND DEVELOPMENT OF THE "PHILIPPINE CONSTITUTIONAL SYSTEM members all of whom were Americans, although later some Filipinos also became members, became the upper cham Des) Filipinos ee pipino Philippine Assembly, made up of £0) whttpers, acted as the lower house of the Philippine: saeiutature, This change ip thestructure ofthe lawemaking body of July 1, 1902, Tt i nae: t was provided for in the”Act of Congr 4 iE 1 Philippine Islands shall have ‘ceased and a condition of general ‘The Philippine Bil, By means ‘of the Act of July 1, 1902, 1 ‘and complete peace shall have ‘been established therein and the ane Te itt Sse ine samnisteatin of the sland | ' and complet Dae eo tie President by the Puilippine sini oi ee sot che ecto sn a or the Supreme Court must-be-sabmi Senate fe ‘it Unit ‘tates shall have continued in the “aah i¢-Islands-not inhabited by Moros OF Or Christian tribes, and such fact shalt have been ¢ert Butno substantial changes in the form of government were le, Ratitving the acts of the President pertaining to the Philtgpines, the Philippine Bill provided thatthe “Islands shalt ceuntinue to be yovern rereby and herein provided.” This h 1: organized by President “pe hl essa nthe Pipe ands ne ay 4 Jie sient of the Philippine Commission, in his capacity 88 The Prepidcmnor, exoreiset executive powers, while the Cin eon us abody acted as the lawemaking authority. On Comnveviojand, the juddial power was exercised by the ae grt, cats of ist istanee, and justice ofthe peace ser ablished by Act No. 136 of the Philippine Commission cr ODL fae Supreme Court Justices were appointed by sede Tieet af the Unied States and held office a, hs a ae Cayolano 8, Arellano was the first Grief Justice he Me f Chiet Tustices wore also Filipinos Phe judges of first succeed ng (yeh justices af the peace were appointed by the instance eel and eould be removed at his discretion. The tnembers of the Judiciary t1us enjoyed no security of tenure. i 7 Mikisier’® instructions and adopted by the Act of Congress ‘On October 16, 1907 the structure of the lawmaking body was altered, The Philippine Commission, made up of five Phil. 279 1906). 10 Cabantag v. Wolfe, | | Il President by the Philippi : pone satisfied thereof, shall direct said Commission to call and ging sovniovion shall eall, a general election for the choice of ‘legates to a popular assembly of the people of said territory in see nlippine Talands which shall be-Known as the Philippine bly. After sald_Assembl 1 and ‘eganized, al the legislative power heretofore confer Pitaipping Commission in all that part of said Islands not aarp by Moros or other ron-Chistian tribes shall be vested inhabted guure consisting af two houses — the Philippine | Boamitsion and the Philippine Assembly. Said Assembly shall Comat of not less than fifty nor more than one hundred consittes, to be apportioned by said Commission among the Mrevinees as nearly a8 practieable agcording to population: Provited, That n0 pr n iret eonided further, that rovinees entitled by population to ana Phan one member may be divided into such convenient Tistrits as the said Commission may deem best.”™* On September 18, 1902 the Philippine Commission certified to the President that the insurrection in the Philippine Islands 7 Aetof Congress of July 1, 1902 0c. 6. a jealvog : aPHILIPPINE CONSTITUTIONAL SYSTEM had ceased and that a condition of general and complete peace had been established in the country. Accordingly, the President ‘on September 25 ordered a eensus of the Philippine Islands to be taken, On March 28, 1905, the census was completed and published and two yeara later, on March 28, 1907, President ‘Theodore Roosevelt of the United States directed the Philippine Commission to call a general election for the choice of delegates to the Philippine Assembly. The elections were held on July 20, 1907, following the proclamation of Governor General James F. Smith, ‘Together with the appointment of Resident Commissioners to the United States the election of delegates to the Assembly gaveFilipincs a measure of participation in the ‘administration of thefr country. = ‘THE ORIGIN AND SEVELOPMENT-OF THE ‘PHILIPPINE CONSTITUTIONAL SYSTEM Islands in cases in which the Constitution, statute, treaty, ttl, or privilege of the United States was involved or in ‘which the value in controversy was more than $25,000 or in which title or possession of real property excoeding in value the sum of $25,000 was involved, subject to review by the US, Supreme Court On the otner hand the’Ameriean Governor General was given the pewer, with the approval of the Philippine Commission, to suspend the privilege of the writ of habeas corpus in eases of irvasion, insurrection, of rebellion, ‘when public safety required such action." ‘fhe Philippine Bill defined for the first time who were deemed citizens ofthe Philippine Islands and as guch entitled to the protection of the United States.** Heretofore, Filipinos were refetred to only as “natives” or “inhabitants” of the Philippine Islands.” The law also contsined a slightly expanded bill of The Philippine Legislayare was inaugurated at the vases ding sith Sarg ker of th ights. imitations on the legislative power ilippi ly. Many of the delogates were educated f eae eee | “under thirty years of age; the me Europe, Fifty of the elghty delegates were lawyers. Nine were were ty and forty and only ten were over fifty. They represented the ‘lustrado class, In faet twenty-one of them, representing 26 per ‘erit of the Assemblymen, kad previously served in the Spanish Government. Of these twenty-one, eleven held office in the were in the revolutionary army of Gen, Emilio Aguinaldo, As has been observed:** ‘The ilustrados were continuing the abortive revolution through evolution, Onee armed confliet had proved futile, the ‘most obvious way for the Filipinos to retrieve their briefly-held positions of national leadership was to take full advantage of the Insular aystem and make it perform to their advantage Until 1907 the elite had litle ability to control Insular programs except insofar as they could be bent or evaded on the local level. ‘The formation of the Assenibly significantly increased Filipino ‘capabilities to redirect Ameriean policy inthe Philippines. “Control of the government, now partiy in the hands of Filipinos;-was- maintained ty requiring that all laws passed be reported to the U.S. Congress which had the power to annul any of them and by making dedsions of the Supreme Court of the % Jenista, Jr Conflict in the Philippine Legislature: The Comouission wud the Avtenbiy from 1907 to 1918, in COMPADRE COLONIALISM 35, 38(1971). | and lease of public lands, the utilization of forest, and the grant» ‘The Philippine Bill also contained provisions for the sale tgp % Actof Congress of July 1 1902, se. 10. F Ta, 0¢6 ® Md, sec. 4: “{AUI inhabitants of the Philippine Islands into Feside therein who were Spanish subjects, on the eleventh day of April, eighteon hundred and ninety-nine, and then resided in such Islands, ‘and the’ children born subsequent thereto, shall be deemed and held to be citizens of the Philippine Islands and 2s such entitled to the protection of the United States, except such as shall ave elected to preserve ther allegiance to the Crown of Spain in ‘ceordance with the provisions af the Treaty of Peace between the | United States and Spain signed at Paris December tenth, eighteen Irundred and ninety-eight.” # Ld, 9.5. ” The Philippine Bill for example provided in section 5: “That no money shall be paid out of the Treastry exeent in pursuanee of an appropriation by lav. ‘That the ruleof taxation in said Islands shall be uniform, “That no private or loa! bill which may be enacted into law shall embrace more than ore subject which shall be expressed in the title ofthe Bil, “That all money collectad on any tax levied or assessed for & special purpose shall be treated as a special fund in the Treasury nd paid out for auch parpore only" 13 ——PHILIPPINE CONSTITUTIONAL SYSTEM. of mineral lands. It gave citizens of the United States the right tooye mineral lands, ‘he Philippine Bill wes entitled “An Act temporarily to provide for the administration of th of eivil government in the Philippine Islands and for other purposes.” Actually, it served as the organic act of the Philippine government for fourteen years until August 29, 1916, when the Act of Congress, otherwise known as the Philippine Autonomy Law, was passed by the U.S, Congres : Philippine Autonomy Act. By this Act the United States formally announced is intenton to withdraw from ‘he Island, rnow called for the first time “The Philippines", and recognized their independence as soon as a stable government could be established. For this purpose, Fi & measure of control of the domestic affare ‘THE ORIGIN AND LEVELOPMENT OF THE PHILIPPINE CONSTITUTIONAL SYSTEM wt «he YAct gave the Governor General the authority to "appoint by and with the consent of the Philippine Senate executive officials and those whom he might be authorized by Jaw to appoint. He had supervision and-control of all executive departments and bureaus of the goverment, He was Commander-in-Chigf6f all leally created armed forces and nilitia, with the power to suspend the privilege of the writ of habeas corpus or to place the Islands under martial law in case of rebellion or invasion or imminent danger thereof, when in his opinion public safety required it, Unlike the prvisions of the Philippine Bill of 1902, concurrence of the lawmaking body, now in the hands of Filipinos, was no longer required forthe purpose of suspending tho writ or proclaiming martial law, the latter rover beg new. Only the President could modify or vacate the ini loca autonomy” could be exjred by Filipinos without impairment of the essenes of Ame overeignty was to be a vexing problem in the years shes ‘Act, set up an elective Philippine Legislature composed of 4 Senate and a House of Representatives, The Filipinization the lawmaking body whish began with the establishment of the Philippine Assembly in 19(7 and the appointment of Fil ta the Philippine Commissio id. The Senate ‘was composed of 24 senators who held office for a term of six years, while the House was composed of 89 repngtetatves, who iwere elected for a term of three years." The ew Legislature was inaugurated on Qetober 16, 1916 with Manuel L. Quezon, as President of the Senate, and Sergio Osmefia, as Speaker of the House. ‘The “supteme executive powef* was vested in the'Governor General whose offiee was now made separate and distinct from that of the Legislature. Although the Philippine Autonomy Act nowhere provided that the Governor General must be an Amerign thi in practic was what was done a be wat the represdhtative of American sovereignty in the country. The Governor General was appointed by the President of the United States by and with the consent of the U.S. Senate. % Phifippine Autonomy Act, see. 12 Hd, sees. 18, Hand 18 u | | General under the Philippine Aut enactments of the Philippine Legislature from becoming laws. ‘While the Legislature was given the power to override the Governor General’s veto by the vote of two-thirds of the ‘members of each house, the Act provided that in such event the bill should be returned to the Governor General who, if he #.ill did not approve it, should transmit the bill to the President of the United States. If the latter approved the bill it became a ; ise he should return it to the Governor General provided for the office of Viee Governor, to.be appoitted by the President of the United States by and ‘with the consent of the U.S. Senate. The Vice Governor was to * Ta, soe. 2 I s00. 19. % Speaking of the powor of the Governor General under the Philippine Bill of 1802, the Susreme Court sald: “The Governor General, the head of the execu:ive department in the Philippine Government i & member f the Phlippine Commision, bat as executive he’has no veto power.” United States. Bull, 15:Phil. 7, 28 (1810) Accord, Severino v. Governor General 16 Phil. 366, 885 (1910), * Philippine Autonomy Act, ee 19,PHILIPPINE CONSTITUTIONAL SYSTEM ‘act as Governor General ir the event of the latter's removal, resignation, or inability.” the existing exeeutive departments ‘were continued. Finally, the Act provided for the office of ‘Auditor und Deputy Auditor whose duty was.to examine, audit ‘and settle all accounts pertaining to the revenues and receipts of the government. The Auditar was appointed by the President of the United States and was ander the general supervision of the Governor General (On the other hand the judicial power was vested in the courts extalished in 1901 by Act No, 196 of the Philippine] -& Commission. The Supreme Court and courts of first instance ‘were to continue to have such jurisdiction as theretofore ded and such jurisdiction as might thereafter be law, On the other hand the municipal courts were ‘ing the jariadietion they had, subj "THE ORIGIN AND ‘PHILIPPINE CONS abolish executive departments.® Governor General, as already ne enactments of the Legislat ture. ‘DEVELOPMENT STFTTIONAL SYSTEM 6n the other hand, the ved, had a veto power over the : ‘His power to remit fines and faufgtares and to grant pardons and reprieves constituted the fovtins of checking the exercise of judicial power. For thelr Pats mretre,partlealary the Supreme Court from an early day haa ssserted the power of review." ‘But the doctrine of separation of heubatentration of powers in any one man or group of en and thereby protect indiyjdual Tiber Gifferent purpose. FoF though the powers, designed to prevent fy was yet utilized for a three branches of government aie separate and independen: now, they were not either in practice or in theory, equal. The American Governor practihe supreme authority. The doctrine of separat powers was used to preserve chat Filipino-controlled Legislature jeneral ion of" en eset by coapaing thd to strict lawmaking, There was ecutive which was t0 i alterations and amendments as might be provided “As in the previous organic act, appeals over certain typs ‘cases could be taken to the U.S. Supreme Court, These were cases in which the Constitution, statute, treaty, title, right or privilege of tie United States was involved or cases in whieh the possess ate exceeding in value the sum of $25,000 ‘was in question.** : ‘Thus, although carly decisions of the Supreme Court purported to fing in the Philippine Bill of 1902 a separation of powers, it was ofly in the Philippine Autonomy Act that a real separation of powers, with its corollary feature of checks and balances, obtained, There was in the latter Acta distribution of executive, legislative and judicial powers among separate and independent branches of government. Legislative check on the 2 executive power took the form of Senate power to withhol oF consent to exeeusive appointments, or of the power to eroate oF, 7 Hd, 300. 28, ee 2 Ta, soe. 26, Td, see. 21. ; 4 Bg, United States v, Bul, 15 Phil. 7, 27 (1910); Severino v Governor General, 16 Phil 26, 984(2910). Id, see. 2. 1 rabsystenror the nation eve "The test of the Governor Genert the Board of Control Case. This Nations ‘was an aspect of the bitter f_gmount involved exceeded $25,000, and those jor General Leonard Wood and the L amount involved exceeded , and incu ae | ———__‘ipn tier ie ine ott of government stocks inthe rmmittee composed of the Governor General, the President of the Senate and the Speskor cover use, On November 9, 1928, Governor General Wood cr ansneed that on the basis of the opinions of the Judge announte General and the Acting Attorney General of the United States, he thought that Philippine © i a. 22. 4 Se, e:9. United State Convention of 1787, not to exercise of ark bat, by means of the inevital governmental powers amons from autocracy.” Myers (Brandeis, dissenting). ‘power. Lewislature creating remote the part of the act of the the voting committee end Bul, 15 Phil. 7,28 0910) wre doctrine of separation ot powers was adopted by the ‘efficiency but to preclude the purpose was not to avoid friction, le fiction ineident to distribution of the ig taree departments, to save the people y United States, 272 US. 52 (1926) at Government of the Phitppine Islands v. Springer, 69 Phil. 259 oem, ywPHILIPPINE CONSTITUTIONAL SYSTEM designating its members was void as an encroachment on his appointing authority and that accordingly he would exercise exclusively the duties and powers theretofore assumed by the committee, This meant the exclusion of Manuel L. Quezon, then the President of the Senate, and Sergio Osmefa, then the Speaker of the House, from the voting committee. At the election of directors of the corporation, Wood’s representative claimed the sole prerogative to vote the government's shares in the stacks of the eorporatior. Nevertheless, Quezon and Osmef were recognized and allowed to cast their votes, as a result of which certain individuals were declared directors. Quo warranto proceedings were thereupon instituted in the Supreme Court to Quezon and Osmefia"The majority of the Supreme Court, five tthe right of the directors elected by ‘THE ORIGIN AND DEVLEOPMENT OF THE “PHILIPPINE CONSTITUTIONAL SYSTEM “ineee Filinino members! of the Court dissented, contending ‘that as the National Coal Company was a private eorporation, the performance of duties inthe committee was a private one ‘Gn appeal to the U.S. Supreme Court the decision of the Jocal tribunal was affirmed, over the dissent of two of its most respected members, Justices Holmes and Brandeis, Tt was hare that Holmes wrote what later generations of law students inthe Philippines were to quo great ordinances of the Contitation do not establish and divide fields of blak ard white. Bren the more specitic of them are found ta-tarmlnate In penumbra shading gradually from one extreme to the oser «-. When we' come to the fundamental distinctions i still more obvious that they must be recelved with a certain latitude or our government cold not sen, Americans and one Filipino," invalidated the provision of the ep Teak sr howeve say disguise it by veiling word inction between jo not and eannot carry ext General. The majority dealt the Filipino-controlled Legislature stinging rebuke." [It would seem tnct the State legislatures have all too ‘often-“been permitted. to emaseulate the powers properly belonging to the exeentive department, and that the governor of the State has been placed with responsiblity of administering the government without the means of doing s0,'The operations of the executive department have been fundamentally varied by the legislative dopartmen:. “The legislature has absorbed strength, the executive has lost i. This tendency has rather ‘been tolerated than acquiesced in. The executive should be clothed with sufficient power to administer efficiently the affairs of state. He shoud have complete, control of the instrumontalities through whom is responsibility is discharged, It is still true, ae said by Hamilton, that “A feeble txeentive implina a foshle exorntion af the government. A Zeable ‘exceation is but another phrase for a bad execution and & government il exeeuted, whatever it may bein theory, must be Jn practice s bad goverament,” The mistakes of State governments need not be repeated here, © Malcolm, J, joined by Johnson, Street, Ostrand, Johns, and Romualdes, J “© 50 Phil. at 23.279, 18 tical precision and sivide the branches into watertight ‘compartments, were it ever desirable to do so, which I am far ‘rom believing that itis, or that the Constitution requires We have said that colonial control of the territorial government was symbolized~by~the presence here of an powers, There were other controls as. well. As in the Philippine Bil, the Philippine Autonomy Act provided forthe reporting of all laws passed by the Philippine Legislature to the US. Congress which reserved tho power to annul any ofthe laws. But laws relating to lands of the publie domain, timber, and mining a3 well as those affecting tariff and currency ot coinage did not take effect until approved by the President of the United States, The Philippine Legislature continued to send | © Avanotha, CJ, joined by Villamor and Villa-Real JJ. © Springer ¥, Government of the Philippine Islands, 277 U.S. 189 (1928), 1d at 210, Philippine Autonomy Act, se. 19 Ii, see.9. Ta, see. 10, 19 eoPHILIPPINE CONSTITUTIONAL SYSTEM. two Filipino Resident Conmisioners to the United States for a years. These commissioners were entitle¢ to ition by all departments of the U.S. Government. The fiew by the U.S. Supreme Court of the decisions “Supreme Court in ertsin onsen wan another device for maintaining control of the Philippine government. ‘This then was the, government established by the Philippine Autonomy Act. By promising independence as soon asa stable government could be established, the Act fostered the establishment ofthis form of government. Accordingly, the efforts of Filipino leaders were directed toward convincing the government in Washington, D.C. that the government established in the Islands was in full command of the country and that the Filipine could now run it. themselves THE ORIGIN AND DEVELOPMENT OF THE PHILIPPINE CONSTITUTIONAL SYSTEM ‘The Philippine Legislature accepted the Tydings-MeDuffie Law. On Mareh 5, 1984 it enacred a law® providing for the calling of a Constitutional Convention, to be composed of 202 loleyates, exch district being entitled to two delegates, with the ‘scuption of Mindango and Sula which had two delogates exch, and Mountain Province which had two for each sub-province, in audition to two for Baguio City. Elections were held and on July 30, 1984 the Constitutional Convention met at the session hall of the House of Representatives, The majority of the delegates, 142 in umber, were lawyers, Next to them (155) were businessmen and farmers. Six were educators. A majority of the delegates had held elective offices in the Philippine Assembly and in the ; Senate and House of Repreextatives, The majority were Ainiependence commissions were sent 9 the U.S.Congress for ietwann tty ad fory yea of ag, Younger leader were = neva Thal Tortie Waneslao 5 CaTiarines NOT WHE the sue of independence soon bee She youngest bring bareh a Osmese, then 9 -and-Manuel M_Recto-was-elected President-of the Convention, i 4 [fon President of the Pils Ronse then the Speaker ofthe flouse, headed a aistlon which secured passage ofthe so-calld Hare-Hawes Cutting Act which promised Independence for the Philippines after ton years. But the Philippine Legislature, under the leadership of Manuel Quezon, rejected the Act. Quezon feared that OsmeBa might ron ‘Commonwealth and wrest the Quezon therefore led another political leadership from ‘mission in 1988. ‘The result was the Act of Congress of March 24, 1934, otherwise known as "the Tydings-McDuffie Act, which ‘authorized the Philippine Legislature to call an election of delegates to a constitutional convention as first step to independence. The Act prescribed three steps for the adoption of a constitution: (1) the calling of a constitutional convention not later than Ostober 1, 1984, (2) the submission of the constitution to the President ‘of the United States for certification that it conained provisions as required by the ‘Tydings-MeDuffie Act ard (8) submission of the constitution to, the people for ratification." \ i ae. 20 * Pub. L. No, 127, March 24, 3994, © People, Linsabgan, 62 Phil. 646 (1995). mero acted as ciairman of the committee on rules, while filemon Sotto was chairman of the Sponsorship Committee."The Sponsorship Committee was charged with the preparation of the draft of the constitution, but hecause-of its large membership of eighty-sevon, the actual drafting of the charter was entrusted to a subeommittee composed of Sotto, a8 chairman, and Manuel A. Roxas, Vicente J. Francisco, Norberto| Romualdez, Manuel C, Briones, Miguel Cuaderno, and Conrado! Beniter, as members. ‘The first draft was finished on January 31, 1985. It was then submitfed to the committee on style headed by Manuel A. Roxas, On February 7 the draft was reported out by the committee on style and, the following day, the Constitution was approved¥it was signed on February 19, with Delegate Tomas Cabili casting the lone dissenting vote A special mission headed by Senate President Quezon and Convention President Recto sutphitted the Constitution to the Prosident of the United States’On March 23, 1995, President Awe No, 4195, aPHILIPPINE CONSTITUTIONAL SYM ‘eral Frank Murphy, therefore! issued proclamation for the election of the officers of the government, now known Praline tiga Mtow2 as the Commonwealth of the Broclamation'of the results of the elect i sults of ions. On this day, the Cejergment of the Philippine Islands bowed out of ies find ine Commonwealth of the Philippine Islands was ‘THE ORIGIN AND DEVELOPMENT OF THE PHILIPPINE CONSTITUTIONAL SYSTEM express provision ‘but by actual division in our Constitution. Bach department of the government has exclusive cognizance of matiers within its jurisdiction, and is supreme within its own aphere, But it does not follow from the fact thatthe three powers are to be kept separate and distinct that the Constitution intended them ta be sbwolntaly tnrastoainad and indapondent of each ‘other. The Constitution has provided for an elabors system of checks and balances to secure coordination in the workings of the varous departments of the goverment. For example, the Chief Executive under our Cofstsuton is so far made a check on the legslat ‘bower that his assent is requited In the enactment of laws. “This, however, is subject to the further check that a bill may become flew notwithstanding the refusal of the President to approve it, by a vote of two-thirds or three- fourths, asthe ease mny'be,of the National Assembly. The President has also the right to convene the Assembly in special sesso , > Bevertiment was entirely IL The Form uf the Goverament. Wit le change in yveriment. With but little ch “ it Exiuetre the Government of the Philippine Islands beeame the 88 might be established by lar Th a5 explained by Justice Lauran an oplnion ofthe Gene in lit separation of powers is 2 fundament3& principle ur sytem of movernment fe sbiceg Nese “ILM. TANADA & 8. M, ONSTITUTI PHILIPPINES “98¢dhed app, CONSTITUTION Or Pub Acta, 1, March 2 00,0. 1 1995 CONST. art. VIL, see. i. 1? Id, art. VI, see. 1 ae Scar ie er Electra Common, 6 Ph. 18,8687 (499) ie Ni ‘Assembly. operates_a¥“s_checl jin_the.sense_that_its_consent through _its ‘Commission on Appointementsisnecessary in the appointment of certain officers; and the concurrence of & ‘majority of all its members is essential to the conclusion of treaties. Furthermore, in is power to determine what courts other than the Supreme Court shall be established, to define their jurisdiction and to appropriate funds for their support, the National Assembly controls the judicial department to a certain extent. The Assembly also ‘exercises the judicial power of trying impeachments, And the judiciary in turn, with the Supreme Court as the final arbiter, effectively checks the other departments in the ‘exercise of its power to deternine the law, and hence to declare executive and legislative acts void if violative of the Constitution, But, as in the Philippine Autonomy Act, the three departments were not even nearly equal. The vast powers of the Governor General alresdy noted were conferred nn the _, President of the Philippines. It was the Presidential type. of fovermment tht was sf up A povse delineation ofthe powers Sf che Pfnt under to aprem was tade by Viento “©. G. SINCO, PHILIPPINE POLITICAL LAW 282-299, 287 (11en ed, 1962), See also LR. CORTES, THE PHILIPPINE PRESIDENCY 74-75 (1968),‘PHILIPPINE CONSTITUTIONAL SYSTEM is Conttin sD tan epson te rad ‘ps Cnc on cc ones a rity SB Bente The ene pve sa Presiden is made the rapengt ee ey Giese ot merely the supreme eee ll exezative por ae oe ere nce nema hoa cy fl eer he Peer of Boise SEES ts lus ia rover that of te Peet the executive, Under the scheme iegal oraniane of ‘ea ern f veiw rank onder oo adnan ine prov: fr them nates donot ends ot shine or ae th alin and aliguraig pose lent br the Condition, He he ce “THE ORIGIN AND DEVELOPMENT OF THE PHILIPPINE CONSTITUTIONAL SYSTEM 1e man, which was the tation of power in on the extreme. concent fashion in many European eountris of that day, tlesirableattibute of good government, While some of the features of the the Bill of tights and provisions govern fof the National Assembly were acoptet of the Matted Stats, it is error te conclude that the Americe® Ot ae al ayatem, waa thereby transplanted into the inontlye. governmental structure provided in the Phitvine Autonomy Act, rather than that set up in $e US. Pilippin yas the model forthe 1935 Constitution. Designed Constitvtoms ent of a colony many thousand rales away {om {or tee thor country, it was understandable that the orga o¢t tive as the representative of 1985 Constitution, such as ‘ng the internal business id from the Constitution ‘gure inthe government 208 merely te otal fire in tee ee Te gat od cn executive department, con | Should provide fo a strong nective 8 thee reat oti oul el power, Tt is lose clear why the framers o} oes the President. a = the colonial pong it tobe the fundamental ew not onl of Conse att t ofthe Republe later, should pattern 7 oven Ske Philippine Autonomy fl ‘Act. Some ascribe the action the framers sand the fear that. unless By avin this po 2 tn the owe oh Pen, he Coa Rls hs ete ened seams ese ae e Powerful still than that tt ayeied Eonceeiciar rhe Constitutional Conrention ion f Dreiou zal lv of te Pipi eee totalitarianism in Europe in the 19: ft was in grave peril hing account of the fat that the representative of a forvign sovereign wh mee oe ee eel is male say that the basic and legal bp rican ernmental aut eee ‘eztv nthe Philos drag thre daye bt he ECHR tpl ae in SRDS rete m4 ! the country had @ strong executive i ire ably. the answer 0 totalitarianism arising in the Young 1 President without ‘nation was precisely a diffusion of power. Governor-General then was ‘More probably the constituti those_to pattern the government after the colonial structure of the rrganie act as a matter of fovernment established by the or practical polities, The approva, of the Consdintn, by the practi Seltes President could be assured if it hewed closely Unita sine organi act. AS aresalt, it too partook of the nature of a elonial charter. er be overlooked elther asthe influence of Manuel I Quasi ten the undisputed peitial leader, in the drafts of Quen. vieatinn It was conceded from the beginning of the ne Pot the Constitutional Convention that In ve government wor tp Quezon would be the President of the Philippines. 1 rea the vant powers of the colonial governor under the ‘Seganie act stiited his authoritarian character. Tr 1940 the Constitution was amended in three respects tit offiee of the President was changed from six to four it reelection was removed with id not exceed eight years in The sears, hut the prohibition against the-only limitation that his term BPHILIPPINE CONSTITUTIONAL SYSTEM all. (2) The unicameral National Assembly was replaced with & bicameral Congress compated of a Senate and 2 House of Representatives, (3) An independent Commission on Elections composed of a'thairman and two members, was created to take charye of the enforcement and administration of election laws and ingure fre, orderly and honest elections, ‘The first amendment was passed to keep President Quezon longer in offiee, Its advocates argued that a term of six years \Wals tov short for a good President and too long for & bad one. ‘The second amendment was made at the instance of President Quezon without waose open and vigorous advocacy, it is said, the amendment woald not even have been proposed, much less ratified.” On the other hand, the ereation of the Commission on only if it became a __. The Basis wnt Nature of the Government, With the comi Inte fore pf the Constittion on ‘November 15, 106, the Filipinizatidn of the government was completed, Article Tl suction lof the charter delaras ‘The Philippines ix republican state, Soverelgnty reside in ‘he popleandallgovemmentauthrty mans hor ae 1 would perhaps be more accurate to say that during the transition leading to independence, the Philipines was, in come Fespeets, but. not, completa, sovereign: Conditions were imposed by the Tydings-MeDuffie Act with respect to the country's trade relations with the United States, he finencal * S1NC0, wpe note 65.820. © tet Conn eto. © INGO, supra note 65 at 32. : he Pilivine Commonwealth participated asa signatory in {he falluwing: Aureomene and Srotacel Regering Profecon aod Mivkotinu of Soar of May 6, 09%, Universal Postal Convention ot Ma 2, Yh; Decacation by United Nations of Janaary 1 Toast Pines ive the Delaacton on Jane 1142) harman ot nwo "Natine Rast and Rebebitation “Admineaten oF es | feeognizes and accepts the supreme authority of and will ‘THE ORIGIN AND DEVELOPMENT OF THE ‘PHILIPPINE CONSTITUTIONAL SYSTEM ‘operations and curreney, and the control of its foreign relations. ‘The laws passed by the government were reported to the U.S Consress. The power of review of the U.S. Supreme Couit over certain cases decided by the Philippine Supreme Court was continued and was extended to cases involving the new Constitution, ‘Thus the ordinance appended to the Constitution provided: SECTION 1, Notwithstancing the provisions of the foregoing Constitution, pending the final and complete ‘withdrawal of the sovereignty o the United States ever the Philippines — (1) All ltizens of ‘the Philippines shell owe allegiance to the United States (@) Every officer of the Government of the other things, that he ‘maintain true faith and allegiance tothe United States, (8) Absolute toleration of religious sentiment shall be seeated and no inhabitant or religious organization shall be molested in person or property on account of igious belief or mode of worship, (4) Property owned by the United States, cemeteries, churches, and parsonages or convents appurtenant thereto, and all lands, buildings, and 'y for religious, charitable, or educational purposes shal be exempt from taxation (8) Tra en the Philippines end the United States shall be upon the besis prescribed in section tx of Publie Act Numbered One Hundred and twenty- seven of the Congress of tke United States approved March fventy-four, nineteen hundred and thirty-four. vember 8, 196% Unied Nations Moneiary and Fnac Neves at praton Wd Now Hapa, af 10 2196 Cartref naratone Agreement Regarding he Fe and Maraingol Supeot Aun! 146 Fee ie Gf Aviation Coneence of November 1 aera Hooan Alison Bra, 94 US. 62 07 ena ° aLE 7 THE ORIGIN AND. TOF THE PHILIPPINE CONSTITUTIONAL SYSTEM 4 ‘PHILIPPINE CONSTITUTIONAL Government as provided in the Constitution thereof, and. (i) ‘The publie debt of the Philippines and its ‘and for the discharge of Government obligations under ee Ee ee ee rear ae ‘and in accordance with the provisi ions of the Constitution. sete Sarre tai som a vent anti ote Ca (1) The debts, liabilities, and obligations of the Gne hundred nd twenty-seven of the Congress of the present Government of the Philippine Islends, its United States approved March twenty-four, nineteen provinces, munieipalitiey and instrumentalites, valid i Brit dan thictyfour is hereby recognized eae ce ean alec st Cte Se it a Government of the Commonwealth of the Philippines. shall enw ate of the vitizens and matreeitons, —— President of the United States for ‘approval. If the atest —eureeney,—soinage,—imports, eos dant approves the amerdment-or-If-the Presiden Ne ee Oe coe nl ie ee eerie tee a © eae te pie sl eee sary aml he orem scence mer a ee (12) The Philippines recognizes the right of the United States to expropriate property for public uses, to maintain military and other reservations and armed forces in the Philippines, nd, upon order ofthe President ‘of the United States, to cll into the serviee of such armed forces all military forees arganized by the Government of the Commonwealth of thePallipines. (13) The decisions af the courts of the Philippines shall be subject to review by the Supreme Court of the United States as now provided by law, and such review. shall also extend to all eaes involving the Constitution of the Philipines. (24) Appeals from decisions of the Auditor General say be taken to the President ofthe United States, (15) ‘The United States may, by Presidential proclamation, exercise the right to’ intervene for the preservation of the Government of the Commonwealth of the Philippines and for the maintenance of the er autinaabre of theGavrmmentottie ‘Eammomweath of the Palpnines to fll Common ded indebtdnens and interest thereon oF oe forsaking fonds or which asemoUkely to to movie (gran for the protection ofthe earrene of ipa ero whieh nhs judgment wil violate international obligations of the United States. TaD) ‘The President of the Commonwealth ofthe ail oaes tall make an anne] report tothe President 2a Ertan af ve United States of the proceedings and and Conerst he Gavernmont of the Commonwealth of Soe ta all mate ouch other reports a8 the Presiden or Congress may ease Indeed, in the words of the Supreme Court, the 1995 Constitution was “a unique document — unique in that it derives its binding force not only from the will of the people of the Philippine Islands, but frem the authority of the Congress Ey tPHILIPPINE CONSTITUTIONAL SYSTEM of the United States."" Sulient Features of the Constitution. As already noted the 1985 Constitution declared the Philippines a republican state in which “sovereignty resides in the people and all government authority emanates from them.” To implement this principl feuaranteod the right of stffrage to male years of aye or over and able to read and wr lator on extended to women.” It also earried over from the previous organic act the Bill of Rights guaranteeing, among ‘other things, freedom of speech and of the press and the right of the people to assemble peaceably and petition the government fora redress of grievances.” Itdeclared it to be the concern of the state to promote social justice to insure the well being and secarity of all the people."* Toward this end the Constitution east on the state the affirmative duty to afford protection to labor, especially, to ‘THE ORIGIN AND DEVELOPMENT OF THE PHTLIPRINE CONSTITUTIONAL SYSTEM resources, with the exceptior of public agricultural land, shall rot be alienated, and no lleense, concession, or lease for the exploitation, development, or utilization of any of the natural resources shall be granted for a period exceeding twenty-five years, renewable for another twenty-five years, except as to ‘water rights for irrigation, water supply, fisheries or industrial tues other than the development of water power, in which eases beneficial use may be the messure and the limit of the grant, SEC. 2. No private corporation or assoviation may acquire, less, or hold publi agricultural lands in excess of one thousand and twenty-four tectares, nor may any individval acquire such lands by purchase in excess of one hundred and forty-four hectares, or by lesse in excess of one thousand and twenty-four hectares, or by homestead in excess of twenty-four hectares, Lands adapted to grazing, not exceeding two thousand hectares, may be leased to an individual, private corporation, or associat _————“working_worenandmirors, and to—regulatethe relation between landowner and tenant, and between eapital and labor.1 SEC. J, The National Assembly may determine by law" Progressive labor legialat the_size of private ageealtural landwhich individual ere passed by the gove pursuant to this mandate af the Constitution. Tt was felt that ‘the enjoyment of political rights required a minimam of economie security, for necessitous men were not truly free men. ‘The framers of the Constitution were particularly ‘concerned with the conservation of the natural resourees, ee ns 6 ei Bi oe er oe Section 1, All agriecltura, timber, and mineral lands of the publie domain, waters, minerals coal, petroleum, and other mineral oils, all forces of 2otential energy, and other natural resources of the Philippines belong to the State, and their Aisposition, exploitation, development, or utilization shall be limited to’itizens of the Philippines, or to corporations or associations at lest sixty per centum ofthe eapital of which is owned by such citizens, aahject ta any existing right, grant lease, or eoneession at the time of the inauguration ‘of the Governmont established ander this Constitution. Natural ‘People. Linsafgan, & Phil. 646, 648 (1995). 1935 CONST, art. V. Wi, art TH, se. 18) ANIL see 5 ™ Art XLV, se. 6 0 corporations, or associations may acquire and hold, subjeet to rights existing prior to the enactment of such law. SEC. 4. The National Assembly may authorize, upon payment of just compensatios, the expropriation of lands to be subdivided into small lots and conveyed at cst to individuals 5 eredita : private agriultural land shall be transferred or assigned except ‘to individuals, corporations, cr assoeiations qualified to ecquire or old lands ofthe public domain in the Philippines, Nationafigation of public utilities was also decreed in the Constitution’ by limiting their operation to citizens of the Philippines and to corporations at least 60 per cent of the capital of which was owned by Filipinos. Another notable featurs-of the Constitution was the provision for a civil serviee based on merit.” The first Philippine Commission found the Spanish civil service “notoriously corrupt” and strongly recommended the establishment of a system for the selection of men of high character, whereby fitness and partisan polities could be separated, ™ Art XIV, se.8, Art XI, soe 1. 31‘PHILIPPINE CONSTITUTIONAL SYSTEM In conformity with this recommendation President McKinley, in his Instructioas to the Second Philippine Commission, enjoined that “as soon as practicable a system for ascertaining the merit and fitness of eandidates for civil o should be put in force." Accordingly, one of the first acts of the ‘Second Philippine Commission upon its establishment was the creation of a Civil Service Board designed to protect civil service officers from the spoils system. This Act, enacted on September 26, 1900, was entitled “An Act for the Establishment and Maintenanee of an Efficient and Honest Civil Service in the Philippine Islands.” It was in force until August 26, 1907 when it was superseded by Act No. 1698, known as the Revised Civil Service Act. The provisions of this latter Act were incorporated in the Administrative Code of 1917 and, except for slight hi wained in force until 1962, ‘THE ORIGIN AND DEVELOPMENT OF THE PHILIPPINE CONSTITUTIONAL SYSTEM ordinances and customs, On October 14; 1943 a so-called Republie of the Philippines was inaugurated with Jose P. Laurel ‘as President, Laurel had been sworn in as Secretary of Justice of the Commonwealth Government, shortly after the outbresk of the war. ‘During the war President Quezon, Viee President Osmetia and a number of cabinet secretaries’ were evacuated to the United States whore they conducted a government in exile Queron’s term of office would have expired in 1943 but it was extended by the U.S. Congress. In 1944 he died, and Viee President Osmefia succeeded to the Presidency. , On October 23, 1944, Gen. Douglas McArthur landed in Leyte and proclaimed the reestablishment in the liberated areas of the Commonwealth of the Philippines, “subject to the supreme authority of the Goverament of the United States.” On ——doeument. Among the features were: (1) ‘esvas-to sive constitutional status bo th 1s that 5 sd the complete restoration of the an_article on the Civil Service was included in the 1935 pointer civil serviee were to be made on the basis of merit and fitness, to —be—determined as far as practicable _by competitive examination,’ (2) the prohibi:ion to officers and employees in the civil service against engaging directly or indirectly in partisan activities or taking part in any election except to vote,” ‘and (3) the prohibition against the removal or suspension of any officer and employee in the sivil serviee except for cause a8 provided by law." The Government in Brite, In 1941 the Philippines was engulfed in the war. There followed three years of enemy occupation. On January 2, 4842, Manila was occupied by the Imperial Japanese Army and on the next day their Commander- in-Chief proclaimed the establishment of a “Military ‘Administration under martial law over the distriets oceupied by the Army.” On January 28, a civil government, ealled the Philippine Executive Commission, was organized, with Jorge B. Vargas, Queaon’s Executive Secretary, as chairman, The Commission was directed to coordinate the central administrative organs and tre courts on the basis of what theretofore had been provided by existing statutes, orders, i Md, se. i we \ ) would | — ‘The question was raised whether a prosecution for treason lie, the contention being that during the enemy ecupation the sovereignty of the legitimate government was suspended, This was rejected by the Supreme Court." It held that, while the rights of sovereignty of the Commonwealth Government were suspended, sovereignty itself was not transferred to the belligerent oocupant,—————— [Adoption of the petitione’s theory of suspended allegiance ‘would lead to disastrous consequences for small and weak nations oF states, and would be repugnant to the laws of and requirements of public conscience, for it would allow Invaders to logaly recruit or enlist the Quisling inhabitants of the occupied teritory to fight against their own government without the latter ineurring the risk of being prosecuted for treason, and even compel those who are not to aid them in their military operation against the resisting enemy forces in order to completely subdue and conquer the whole nation, and thus deprive them sll of their own independence or sovereignty — such theory would sanction the action of invaders in foreing the people ofa free and sovereign eountry to ‘be party in the nefarious task af depriving themselves of theit See generally Co Kim Chan y. Valdez Tan Keh, 75 Phil, 13 (1945); Peralta v, Director of Prisors, 75 Pil. 286 (1948). * Laurel v. Misa, 7 Phil. 856 (947) 2PHILIPPINE CONSTITUTIONAL SYSTEM. ‘own freedom and independence and repressing the exercise by them of their own sovereignty; in other words, to commit a political suicides UI, ‘THE GovERNMENe OF THR RepuBLIC Cuntinuity and Independence. In accordance with the terms of the Tydings-MeDuttie Act, the independence of the Philippines was proclaimed on July 4,.1946. The Commonwealth Government became the Governnfent of the Republic of the Philippines. Manuel A, Roxas and Elpidio Quirino, who were lected President and Viee President, respectively, of the Commonwealth on April 23 of that year, became, the first Prosident and Viee President of the new Republie. So did the, other officials of the former government become the officials of ‘THE ORIGIN AND DEVELOPMENT OF THE PHILIPPINE CONSTITUTIONAL SYSTEM Eisenhower, the most devastated city in the world." It was evident that the country was not ready for independence. ‘On April 20, 1946 the U.S, Congress passed a law, called the Philippine Trade Act of 1946," or the Bell Trade Act, ‘which proposed to allow the-entry of Philippine articles into the United States free of afdinary exstoma dutioe until July 3, 1054 and thereafter subject to progressively increasing duties until uly 3, 1974* on condition, among others, that similar privileges be extended to United States articles™ and that— ‘The disposition, exploitation, development, and utilication of all agricultural, timber, ani’ mineral lands of the public omala, waters, minerals, coal, petroleum, and other mineral oils, all frees and sourees of potential energy, and other natural reapurees of the Philippines, and the operation of public utilities, shall, if open to any person, be open to citizens of the States and to all forms of business enterprise owned or i government, This was expressly provided by the Teaown a8 the Commonwvealthcaf the Philippines: Upon the fina] fand complete withdrawal of the sovereignty of the United States and the proclamation of the Philippine independence, the Commonwealth of the Philippines shall thenceforth be known asthe Republic ofthe Philippines. Indeed, it_was_the-same_ government under_the same __._|_ amendment ofits Gonattution 20s to pea to Untied States citizens and business enterprises the rig 5 Constitution™. The only difference was that now the Philippines was fully sovereign, at least politically, The powers of government were distributed, albeit unequally, among the President, Congress and the Judiciary. In addition, there were the Commission on Blections and the General Auditing Office. The “Purity Rights” Amendment, The war left, the Philippines in ruins. Its treasury was bankrupt, the economy destroyed, Mills, factories and plants were shut down, Manila ‘as in shambles, its buildings were reduced to a heap of rubble, While numberless homea wore razed to the ground. Next to Warsaw, Manila was, in the opinion of then General Dwight Hd ab 803 ™ Act of Congress of March 2, 1984, see, 10(1), * ArL XVI see, See Brodettv. Dela Rota, 77 Phil, 752 (1946); Laurel v. Miss, 77 Phil 956,194). Th 7 ig Steps tobe takeR the Philippines should enter into an executive agreement embodying the provisions of the Act. 2, The Philippines, upon the proclamation of independence, should prompty take steps to secure the exploitation, development ‘and utilization of the country's natural resources and the operation of public utilities.on terms of equality with Philippine citizens." A bill was therefore filed in the Philippine Congress to authorize President Roxas to enter into an agreement with the representative of the United States, embodying the terms of the Philippine Trade Act. There soon followed one of the most dramatic episodes in Philippine constitutional history. © Commissioner of Internal Revenue v. Guerrero, L-20812, Sept, 22,1967, 21 SCRA 180. ' Pub, Law 871, 9th Cong, 429. G, 1011, Fd, Tie, sees 201-202, w Td Tit I Part2 ge, 311-312. 1 Ta, Tt. Part, 2, se, 341, 7 Bd, Tit 1, ses, £01-402(0).When the Senate session opened.on May 25, 1946, three minority senators-elect, Jose 0, Vera, Ramon Diokno and Jose” E, Romero, belonging to the Nacionalista Party, were prevented. from taking their seats on the ground that protests had been filed against their elections on account of alleged terrorism and violence committed in the provinces of Pampanga, Nueva Ecija, ‘Bulacan, and Tarlae which could affect thelr election. The three filed a petition in the Supreme Court to annul the Senate resolution preventing thelr seating and to compel Senate officers to allow them to take their seats,” They asked for an injunction alleging that unless restrained the Senate was going to consider controversial items, one of which was the approval of the executive agreement.on the trade relations between the Philippines and the United States. They were able to secure a preliminary injunction from Justice Perfecto, but the Court later dissolved the injunction, on the ground that after hearing th dents will not I | | | "THE ORIGIN AND DEVELOPMENT OF THE PHILIPPINE CONSTITUTIONAL SYSTEM In his dissent Justice Perfecto called attention to the preeatious balance of power in the Senate in which there were 13 Liberal Party members and 11 Nacionalistas, which would be upset if the three petitioners wore barred from taking their seats. vents proved his dlscerament right, With the rank of the:minority in the Senate badly decimated with the exclusion of the three petitioners, thus reducing the minority to 8, the ‘Senate considered a resolution 2roposing the so-called “Parity Rights” amendment, to the Constitution. The House of Representatives did the same after eight members had been suspended from taking their seats for the same Feason: The clections in Pampanga, Nueva Ecija, Bulacan, and Tarlac were marred by terrorism’ and violence and did not reflect the ‘popular wishes, for which reason electoral protests were filed yainst the suspended members. On September 18, 1946, the misplaced. As Justice Perfect is i ingenuousness iE ‘complaisanee af the majority of this court, with the exclusion of petitioners, respondents prozeeded to carry out the acts alleged in. . . the petition, such as the approval of the Bell bill, ______He_was referring to the enactment _on July 3, 1946 of Commonwealth Act No. 735, accepting the proposed executive/ ‘agreement and authorizing the President to take steps td execute it, The following day, July 4, 1946, the day the Philippines was to be prodaimed free and independent, the agreement was signed by President Roxas and US. High ‘Commissioner Paul V. MeNutt, Subsequently the Court dismissed the petition princi oon the ground that under the principle of separation of powers it could. not order a branch of the legislature to reinstate a) member. “To do so would be to establish judicial predominance, and to upset the classic pattern of checks and balances wisely ‘woven into our institutionalsetup.”* Vera v. Avelino, 77 Phil. 192 (1946). % Rea. of Jane 3, 1946, % TTP hil at 248, % Vera v. Avelino, 77 Phil 192, 205. I s interesting to compare in this connection the treatment of « similar issue by the US. 36 the three senators and eight repr took part in the adoption of the resolution proposing the “Parity Rights” amendment, nor their membership taken into account in determining the requisite three-fourths votes needed to pass ‘a constitutional amendment, another action was brought in the Dourt to prevent the enforcement of the resolution.” It was contended that if the suspended members of Congress hhad been counted the affirmative votes in favor of the proposed amendment would have been short of the necessary three- fourths votes in either house of Congress. ‘Again the Court dismissed the petition on the ground that the question raised was a political question: Tf ratification of an amendment is 2 political question, @ proposal which leads to ratieation has to be a political jarein 1969, In Powel 9, McCormack, 885 U.S. 480, it was held that judieil review of the exclusion nf petitioner from the U.S. House of Representatives was no: varred by the political! question doctrine, beeause the Constitution did not authorize the exelusion of tiny person duly elected by his constituents who met the standing ‘iualifieations prescribed in the Cosstitution, Tt should be pointed out, hhuwover, that the Poel ease was an action for declaratory judgment which, unlike Vera x. Avelina, did not involve the issuance of an border toa coordinate branch of government. © Mabanagv. Lopee Vito, 78 Phil. 1 (1947), srPHILIPPINE CONSTITUTIONAL SYSTEM question, The two steps complement each other in a scheme intended to achieve a single objective. It is ta be noted that the amendatory processes provided in section 1 of Article XV of the Phillppine Constitution “consists of (only) two distinet parts: proposal and ratification.” there is no logie in attaching that Chardeter to one and withholding that character from the other. Proposal to amend the Conatitction is a highly political function performed by the Congress in its sovereign legislative eapacity ‘and committed to ite charge by the Constitution itself. The exercise of this power is even independent of any intervention by the chief Exeeutive, If on grounds of expediency serupulous attention of the judielary be neaded to safeguard public interest, there is less reason for judicial inquiry into the validity of a proposal than into that of ratiieation . . * The down on March 5, 1947, On March cn ta Republic Aut No.7, «plebiscite was fekdduring ‘which the people ratified the he amendment tootc Constitution. It replaced tt relations between the Philiprines and the United States." It reads: Notwithstanding the previsions of section one, Article ‘Thirteen, and section eight, Article Fourteen, of the foregoing Constitution, during the effectivity of the Bxecutive Agreement entered into by the Presideat of the Philippines with the President of the United States on the fourth of July, ni hundred and forty-six, pursuant to the provis ‘Commonwealth Aet Numberec Seven hundred and thirty-three, ‘ut in no ease to extend beyond the third of July, nineteen Thundred and seventy-four, the disposition, exploitation, development, and utilization of all agricultural, timber, and ‘mineral lands of the public domain, waters, minerals, coal, petroleum, and other mineral ils, all forces of potential energy, and other natural resourees of the Philippines, and the operation of publi utilities, shall, if open to any person, be open to eltizens of the United States and'to all forms of business enterprise owned or controlled, directly or indirectly, by citizens fof the United States in the same manner as to, and under the ‘same conditions imposed upm, citizens of the Philippines or ‘corporations or associations owned of eontrolled by ciirens of Wf, at Sune pp. 21-20. “THE ORIGIN AND DEVELOPMENT OF THE ‘PHILIPPINE CONSTITUTIONAL SYSTEM ‘The Revision af the Constitution. Soon after independence some leaders of thought felt that the Constitution, framed when the country was under a foreign rule, somehow did not fully, express the sovereign’ will of the people, Men like Claro M. Recto, the president of the 1934 Constitutional Convention, advocated as early as 1949 the adoption of a parliamentary form of government as more suitable for the nation, His proposal was ‘supported by Senator Jose P. Laurel. A parliamentary form of government was likewise urged upon the people by Dean Vieente G. Sineo, Indeed, in later years the operation of the system of checks and balances many a timo tied up the whole zovernmental process and paralyzed the ereative impulse. Mounting economic difficulties and widespread dissatis- faction with the workings of the system in dealing with roblems-of-the nation i 19606 reinforeed demands iad the House of Re assed the folk “resolutions: (1) Resolution amend section—5;—erticle-VI;-of the Constitution of the Philippines, s0 as to increase the membership of the House of Representatives from a maxmum of 120, as provided in the Constitution, to & maximum of 180, to be apportioned among the several provinees as neszly as may_be according to the number of their respective inhabitants, but each province was to have, at least, one member. (2) R.BH. No, 2 calling @ convention to propose amendments to the Constitution, the convention to be composed of two delegates from each representative district, to be elected in the general elections to be held on the second Tuesday of November, 1971. (8) R.B.H- No, 3, proposing to amend s2etion 16, article VI, of the same Constitution so as to authorze Senators and members of the House of Representatives to become delegates to the constitutional convention, without forfeiting their, respective seats in Congr In Gonzales v. Commission on Blections™® the Supreme Court was asked to declare Rasolutions No. 1 and 3 void on the grounds that: (1) Congress was at best a de facto Congress, no ‘apportionment having been made within three years of the last census a8 required in the Constitution; (2) Congress could “ie 12806, 28224, Nov. 29, 1967, 21 SCRA 774, 's 1995 CONST, st. VI €.5 he Constitution.-On-Mareh-16,1967, thePHILIPPINE CONSTITUTIONAL SYSTEM employ only one method of amendment by proposing amendment of calling a constitutional convention for the purpose; and (3) the proposed amendments eould only be Submitted in a special election ealled for due purpose. ‘The Court rejected claims that Congress was a de facto, body, It held that the constitutional pfovision’ for Teapportionment was not ‘mandatory. On the claim thal Congress could not propese amendments and call a constitutional convention, the Court held that there was nothing in the Constitution which prohibited Congress from doing so, On. the third question whether the proposed amendments should be submitted to the people in a special election called for the purpose, or whether they could be mitted in.a.gonecal- election, six Justices thought that th hould-he-a-special-slection-at-hich-the people should-be PHILIPPINE CONSTITUTIONAL SYSTEM expectations that the convention would be nonpartisan. The {question whether President Mareos should be invited to deliver the keynote address provoked heated debates. When the votes were counted, 117 were for, while 101 were against, the Invitation, Some delegates staged a boycott of the inaugural session, ‘The choice of eonventicn President likewise consumed a number of days. On June 11, former President Carlos P. Garcia ‘was elected President of the Convention, but on June 14 he died. ‘Another election was, therefore, held during which former President Diosdado Macapagal was chosen President of the Convention, ‘As if the substantive issues before it were not difficult enough the Convention ran through a gamut of other ‘ifficulties, The language iz which the Constitution should be ‘written bugged the Convention. Debates on the form of the {to be established — whether presidential or mentary — were sidetracked the “nation then pr we nation then prerared for the Constitutional propésed amendments to the people was considered upheld. ‘The-proposals-were therefore submifted-in_the general elections held in November 1967, Both were rejected. ae ber of d number of delegates at 92 tobe apportioned among th representative districts, On August 24, 1070, in response #2 demands for nonpartisan convention, Congress passed la banning poltal parties from intervening inthe election of delat Th natn of te aw anata he Supreme. Court against cli. that It edo 0 association.” SSion! fowls ot ‘On. November 10, delates to. the Constitutional Convention were elected, They met In Inaugural ssson at the Manila Plow on June 1) 7%. From. the. beginning. the Convention was mired in polities, disappointing popular "Td, ar. XV, see, 1: "The Congress in joint sesion assem! by arin gt tiveturtin at ie Member af the Some an oft fog of apwnttvs, wing” pray, my open fmendimens to tls Constitution cella convention for that purpose. Such amendments shall be valid as part of this Constitetion when fpproved by «majority of th Yes cat at an election at which the Senden ae subi tothe opi forthe atin” Imbong v, Ferrer, 1-82432, Sept, 11, 1970, 85 SCRA 28. ° 0 the problems of roblems of fujiding. Its budget ran out on many oecasions, necessitating ‘additional appropriations by Congress, In fact the Convention was forced tomove out of the Manila Hotel to the Quezon City Hall to save onrents."* Outside the Convention hall, various groups staged ansry demonstrations. Twice the premises of the convention were trocked by bombs. On August 21, 1971 a Liberal Party political ting in Plaza Miranda, Manila was bombed, resulting in the ‘ary of several persons. This incident — the worst in the politieal history of the country — led to the-suspension of the aa of bens conpun by President Marcos ‘Those who were arrested and held in detention by the military ‘challenged the suspension of the proclamation. The Supreme Court, after asserting its power to pass upon the reasonableness of the President's action, against the government's contention that the question/‘vas politcal, upheld the validity of the TH Gee Garten, The Sami of the 1978 Cinatitution in Histrial ‘Perspotve, i PERSPECTIVES ON THE NBW CONSTITUTION 7 (en- dona of 1918) . an OF THEPHILIPPINE CONSTITUTIONAL SYSTEM. proclamation suspending the privilege of the writ January 11, 1972, shortly after the decision of the Supreme Court, the President lifted the suspension of the privilege of the writ of habeas corpus. But forces wore at work which nearly plunged the country in total chaos. Street riotings, firebombings, and subversion escalated, On September 21, 1972, the President issued a proclamation placing the entire country under martial law. He cited the existence of a conspiracy of lawless elements engaged in armed insurrection and rebellion for the purpose of seizing political and state power, overthrowing the government and supplanting it with a new one. He ordered the arrest and detention of persons guilty of rebellion or insurrection." The following day, September 22, he announced that he was going to “govern the nation and direct the operation of the entire ‘THE ORIGIN AND DEVELOPMENT OF THE PHILIPPINE CONSTITUTIONAL SYSTEM Court was swamped with petitions for writs of habeas corpus filed in behalf of those who were arrested and detained. {In the Constitutional Convention # motion was presented to, ‘adjourn until the proclamation of martial law was lifted. But ihe motion was defeated and Use Convention proceeded with its task, this time with dispatch which was lacking in its previous ileliberations. On November 2¢ the draft of the Constitution was ‘ayproved on third reading and the following day it was signed. ‘The President then issuec Presidential Decree No.~73 ) submitting the proposed Constitution to the Filipino people for yatifieation or rejection at a plebiscite which’ was set for January 15, 1973. ‘The Supreme Court was asked to stop the holding of the plebiscite mainly on the ground that the power to call such a iscite was vested salely in Songress. ove ra vin-my-eapacity as. Comi Chief of all the armed forees of ?he Philippines.” The Supren ‘5 Lansang v. Garla,£-9896, Dee, 11, 1971, 42 SORA 448, tw Broglamation No, 1081, Sept. 21, 1972. In his Wotes onthe New Society (1973) President Marcos iter wrote: [Wath the Seventies, palltical opposition resorted more and more to, unconstitutions ‘methods, mainly through the machinations of political leaders and rarehiriends, funds —for radial demonstrations; bull up private armies and amassed high-powered ‘weapons smuggled into the eountry; and connived and synchronized their activities with outright subversives, This made the end of ‘winning public power justifiable oy any and all means, even tothe rtent of threatening the security of the state, The organization of popular discontent for the purpose of winning an election is ut the sosving of anarehy, social violenee and rebellion is ‘not, This is not constitutional opposition but subversion. “This cynical repudiation, of constitutional opposition, indispensable in a democraes, forced me to conclude that the democratic order had broken dow in the Philipines even before we ‘were eonfronted with the martial necessity; as a matter of fact, the confrontation was hastened and became more seate beeause of i, The time had certainly come when the traditional and openly ‘unconstittional opposition, the communist revolutionaries, found. ‘common eause withthe legitimate oppesition, which had now become legitimate, pursuing ite ends outside of the democratic political machinery." Fp. 38-9. "General Order No.1, Sept 22,1972, 2 sn December 29 the plebiscite was postponed until furlier —— President i notice. ‘Then on January 17, 1979 Procamation No. 1192, "hat Fiosicen hundred “and. seventy-one (1972), Constitational Convention has been ratified by an overwhelming majority of A the votes cat by the members of ll the Barangays (Citizens ‘Kien ey eercughout the Piping and has thereby come into. etfe et” The_proclamatin referred to the action of te ‘ssemblies from January 1015, during which the people w tsked: “Do you approve of tre new Constitution?” Because of the proclamation, the Cour: dismissed the several petitions ‘questioning the validity of th deeree ealing& plebiscite, on the rroundt mootness.!™ ‘There soon followed another round of litigation before the Supreme Court. In Javellaxa v, Becutive Secretary," the petitioners sought to enjoin executive officials from implementing the provisions of the new Constitution on the ground that it had not Boon validly ratified and that, therefore, ft had not come into foree aad effect. For five days'the Court heard arguments on the valicity of the proclamation of the new Constitution. On March 81, 1973, it dismissed the petitions on tie ground” that the quesiion ‘raised wax” political. In the ' dispositive portion of its resolution the Court stated: 1 “= Plans v, Coramisaon on Elections, -86825, Jan. 22, 2979, 49 106. 1-06142, Mareh 1, 1978,50 SCRA 20. 43 sR.PHILIPPINE CONSTITUTIONAL SYSTEM. spe om ny aia Si gs a gee Siac tr ete (Conespeion] and pasties Zaldivar, Fernando and Teehankee, (ia ahr tone Sareea iets aie IV, THE GOVERNMENT UNDER THE ‘NEW CONSTITUTION ‘The Transition Government, The Constitutional Conven- tion confirmed the validity of the acts of President Marcos ‘under martial law and provided for a transi [THE ORIGIN AND DEVELOPMENT OF THE PHILIPPINE CONSTITUTIONAL SYSTEM ‘Ponce Bnrilet™ the proclamation of martial law w Poet am it was implied the suspension of the privilage of "he, ai of habeas corpus. In Aquina'v. Military Commission No.” Si che Court upheld the creation of military tribunals and ‘heir jurlediction to try 1. Tn Aquino v. Commission om ‘Flections®' the Court held that the new Constitution eonfirmea the power of the President, as Commander-in-Chief during martial law, to make laws, ‘The Constitution provided for an interim National ‘Assembly to be composed of the incumbent President, the eetijent Vice President, the President of the Cénstitutional Convention, the delegates to the Convention who voted for the Tennsitory ‘Provisions, and tke members of Congress who vithin thirty days opted to serve in the Assembly. No date was, under mi n period during ied nar asin howe. fixed for the convening ofthe Assembly Instead the : ition -er-was-left-to the judgment. ‘obvic ; =a because of the emerge SEC 8. (2)... (The froumbent President of the called for the deciaratio tefn lien ofthe interim Philippines] shall continue to exercise his powers and prerogstives under the nineteen hundred and thirty-five Constitution and the powers vested in the President and the Prime Minister under this Constitution until he calls upon the. / interim National Assembly to elect. the interim President and the avterim Prime. Minister, who. shall then exerise their spective powers vested by thiConatitation. {2) All proclamation, orders, derees, instructions, and acts promulgate, sued, or done by the inembent President Shall par he law of tho land apd shall remain al el, Hiding, and efecve even after iting of martial law or the inicio of thls Constitution, unless modifed, revoked, or TZiperseded by subsequent proamations, orders, decree, intone, or oe acon een ot rprensy and explicitly modified or repealed by the regular Reon! ascents aaa ‘The Convention thos gave the martial lew f sre the government a | constitutional status, Accordingly, in affirming the validity of martial law measures, some ofthe Justices in par rested their ‘opinions on these provisions of the Constitution, In Aguino ». a ali ofthe Jowilancnt, a Manda, ial eve nf the ete of A Nan Conatation enh Question Doctrine, 50 SCRA 393 (1973). oe 4 i _“eontencied that during Sutiensl Asgembly, the President exercised lawmaking powers Mian the a of a logslative advisory counetl(Batasang Baya). In 1916, the President submittad ata combined referendum- plebisete proposed: amendments to the new Constitution, to place the inlorim National Assembly with another one with a Gifferont composition, This gave rise to, litigation, inthe serene Court In Sanidadv, Commission on lections} it was i the traition-periog-emendiests to the Gansination could only be proposed by the énterim National seetibly purauent to article XVIL, setion 15. This provision reads: ‘The interim National Assembly, upon special call by the interim Prime Minister, mar, by 8 majority vote of all its Member’, propose amendments to this Constitution. Such 11 [-95546, Sept 17, 1974, $8 SCRA 188. hie 1.87964, May 8, 1975, 63 SCRA 646 ‘on L40904, Jan i 1978, 62SORA 272, 1 Aquino‘, Commission 03 Elections, expra note 118 (Makasiar, D. is 144640, Oct. 12,1976, 72SCRA 383. H 45PHILIPPINE CONST-UTIONAL SYSTEM. amendments shall take effect when ratified in acérdance with ‘Article Sixteen hereot. = ‘The Court rejected the claim and, by the vote of 8 to 2 of its ‘members, dismissed the petitions It was noted that the frame Of the Constitution left Ly Ue judgment of the President the ‘convening of the interim National Assembly and that in fact in ite held on January 10-15, 1978 the people expressed ‘to the convening of chat Assembly. The Court.also jarangay resolutions urging-the-replacement of the {interim National Assembly with another body having a different membership. The Court concluded that the framers of the Constitution could not have intended to prohibit its ‘amendment before the time the interim National Assembly was convened. Tronieally, the very issue raised by the proposed rution of the interim National ‘THE ORIGIN AND DEYELOPMENT OF THE PHILIPPINE CONSTITUTIONAL SYSTEM the event of a grave emergeney or the threat or imminence of an emergency, or the failure of the Batasang Pambansa or the regular National Assembly to act on any matter that in the judgment of the President requires immediate action, the President may isaue the necessary deeree, order or instruction ‘which shall have the force of law.!* . ‘At the time of writing, the election of representatives to the interim Batasang Pambansa was set for April, 1978, The Regular Government. The new Constitution establishes a parliamentary form of government by drastically changing the distribution of powers. In an obvious departure from the 1985 Constitution which “vested” the legislative power in Congress, the exeeutive power in the President, and the judicial power in the courts, tae new Con whe Legislative power shall be vested ‘As Chief Justice Castro-noted_in his ‘Assembly because people were revolted by | immorality” of the delegates tc the Constitutional Convention) virtually voting themselves into office by approving the transitory provisions of the new Constitution." ‘ith the dismissal of the petitions in the Supreme Court, the referendum-plebiscite was held on 1, during which the proposed amendments were ratified by the people, They beeame part of the Constitution on October 27, following the proclamation of the President. ‘The interim Batasang Pambansa, which replaced the interim National Assembly, will be composed of the following: the incumbent President (who will also become the Prime Minister), representatives electad from the various regions and sectors, and members of the President's cabinet chosen by him. ‘The Batasang Pambansa will have legislative powers,!!" but the amendments also zrovide that “The. incumbent President shall continue to exercise logislative powers until ‘martial law shall have been lifted.” It is also provided that in ‘Gastro, Gu), concurring in Sanidad v. COMBLEG, I-44640, Oct. 12, 1976, 73 SCRA 288, $84. AMENDMENT 2. ‘i AMENDMENT 6. be exercised by the Prime Minister with-th abinet."!2|'The Prime Minister and his Cabinet are thus th agents of the National Assembly. The Prime Minister from among members of the Assembly by the majority of all its members. On thie other“hand the majority of his Cabinet are appointed by the Prime Minister from among members of the Assembly. The Prime Mister and his Cabin the formulation of the national policy." They may be required to appear during the question hour of the Assembly to answer questions on the program of government. They may be removed al Assembly by withdrawing its confidence in the It is obvious that the Prime Minister and his Cabinet are greatly dependent on the National Assembly for support. But the role of party polities should not be overlooked in considering the relation of thé government and the Assembly. The members AMENDMENT 6, ‘2 Art, VIL, see. 1. Art IX, se 1 "Td, se. Ti, see. 1, oes. Band 10; art, VIM, see. 193) : sss Ase VIII, 960, 190),PHILIPPINE CONSTITUTIONAL SYSTEM of the Cabinet will generally be influential leaders of the majority party, Whatever differences there may be between them and the National Assembly ean be resolved in party caucuses, They will knowonly too well that their party's success in the elections depends on their ability to maintain unity within their party. Indeed, unlike the Presidential system, the Parliamentary system does not look to the legislature to play the role of opposition, That role is given over to the minority party. The Job of the majority party both in the parliament and the government is to make the'r program a success. Hopefully, therefore, this arrangement will pave the way for a real two: party system in the Phil seer A discussion then of the dynamies of the relati between the two is not apt te he fruitful if the Prime “THE ORIGIN AND DEVELOPMENT OF THE ‘PHILIPPINE CONSTITUTIONAL SYSTEM he power necessary to this end. The Prime Minister has the the power meintmet- He appoint ony the members ofthe Pabinet but the other important officials of the government a Cail namely, the heads of bureaus and offices, the officers of Til UMned forees from the rank of brigadier general oF tntamodore and those whom he may be authorized by law ta Sppoint or those whose appointment is not otherwise vested 5 sreentter offiials,™ the members of the Supreme Court and Judges of inferior courts," and the chairmen and members of sate fsil Service Commission, the Comission on Elections and the Commission on Audit." tie “As head of the government the Prime Minister is given control of all the ministries."* is algo given the power to contract and guarantee He is also ai power para ee {oreign and domestic loans in bexal “ant his cabinet are seen in confrontation with the National t ‘Assembly. Not that there will be no occasion for confli such limitations as may ‘ded by law.'® He in fact eines te i sorectieree ae heads the National Economie and Development, Authority, ‘which is charged with the dat 4 provision forthe removal of the Prime Minster, just as there is a provision for the dissolution of the National Assembly'™ at the instance of the Prime Minister, not to mention the Prime ‘Minister's veto power! over legislation. But an awareness that ‘through unity can the party maintain eontrol of the : gether. 0 P instr may be demanded by public opinion. Where hi is so, for the Prime Minister to retaliate with a demand for the dissolution of the Assembly and an election ean only prove disastrous to the party in power. Election is thus resorted to only where there is a genuine difference of opinion. on a fundamental issue between the Prime Minister and the National Assembly.* It is this agency of the Prime Minister and his Cabinet which is also the souree of their. strength. Enjoying. the confidence of the National Assembly enables them to play @ leading role as supreme poligy-makers and supreme executives in the government, The Constitution gives the Prime 1 Fa, soe. 1802) "Ta see, 20(1). ' Mendoza, Introduction, THE GOVERNMENT UNDER THE NEW Constirumion +1878). 48 f National Assembly a “continuing, coordinated, and fully integrated soeial and economic plans and programs.” , ‘in addition, the Prime Minister is the Commander-n-Chief ofall the armed forees of the Piilippines, with power to suspend the privilege. of Philippines or any part of it under martial law in times of ‘mergency.®* He also has the power to grant reprievet Commutations, and pardons, except in eases of impeachment, to vomit fines and forfeitures after final conviction, and, with the Coneurrenes of the National Assembly, to grant amnesty, ‘As in the previous Conatitction, the judicial power is vested {in “one Supreme Court” and in such inferior courts as may be created by law.!" The Supreme Court and the various inferior ‘= \oTa CoN, art. DX gee. 18 sm Td, art, X,aecs, Sand 4 ‘wf, areXIL, B, se. 1(1;C, sec, 12); D, se. 12). int vant EX ee. 11. 1 Ty see. 15 oe iy arts XIV, see. 1 tot art IX, ee. 12. 8 Ti, gee. 14. wo fl, art X, se. 1 49‘PHILIPPINE CONSTITUTIONAL SYSTEM ime the new Constitution took effect courts existing at the ‘were continued." 5 “Thus, while the separation of executive and legislative departments is obliterated in the new Constitution, the ling ‘ear Metween tho judiciary and the political organs aramtained, ‘The courts remain independent of the politics! branches of the government. ‘The membership of the Supreme Court was enlarged to fifteen, and it was authorized to sit in two divisions, except in certain cases." The high court was likewise given ftdministrative supervisicn ofall inferior courts." ‘Under the Constitution the President of the Philippines is) \ she symbolic head of the state." To reinforee this idea he | in deslared immune from suits during his tenure.™* He is toa elected. ng. members of the National Assembly by & its: members, but unlike the Pi "THE ORIGIN AND DEVELOPMENT OF THE PHILIPPINE CONSTITUTIONAL SYSTEM Y. CONCLUSION ‘There are myths that inevitably grow around the law. In ‘the Philippinfes none is mere popular than the notion that the ‘country’s, governmental system, established by the 1995 Constitution, was copied or adopted from the governmental tvstem of the United States. When asked to specify, the mythmakers are apt to point to the Bill of Rights and provisions ‘on tho organization and internal business of the Congress, which echo the language and substance of similar provisions of the United States Constizution. It would siffiee to say in answer that the same provisions, some of which have been expanded, have been incorporated in the present Constitution, put it can no longer be claimed now that the Philigpine constitutional system is similar to that of the United States Th i that the allacgtion’ of-powersamong-the-veri TMieiste or the members of-the Cabinet who retain thelr sess fr-the Assembly, I member hatha i in tee onal Assembly and of any litical party the moment fetakeshiseath!® a i ‘The Constitution also establithes three, independent ~gommissions: the Civil Service Commission, ‘the Commission on tions, ihe ission on Audit.“ ‘Finally, the Conatitation provides forthe erenton by law of ‘a special court to be known as ‘Sandiganbayan, and for an ‘Ombudsman, to be kaown as Tanodbayan. ‘The Sandiganbayan will have jurisdiction over criminal and civil cases involving. ar and wormupt practices and other offenses committed by wee sifaers nad employes in relation to thelr offiees* On Fable ce hand, the Tenodbayan is changed with, the investigation of complaints regarding public office and the areetion of eases in ourt oF in the appropriate body." vf, apt XVI, se. 8 vor Art Xygee2 tH, ee. 8, ves rt, VI, ge. aT, gee. 1 dy see. we Art Xi vs Art NIT, se. 5. Ti, 900.6. “units of our government has Hever been quite the same-as that inthe American governmental ‘The colonial government established by the United States nes evolved from the one-man rule of the “America Governor. Later, his powers were trans- ferred, first, to the Seoond Philippine Commission, which the lawmaking agency hon the Civil Governor, who. became the executive. The actual diffusion of powers tok glace only in 1916 with the delineation in the Jones Law of tke structures of the executive (the Governor General), the legislative (the Philippine Legislature) and the judicial (che Supreme Court and inferior courts) depart- ments. Even then, however, the distribution of powers was not nearly equal. Greater powers were given to the Governor General, who was investec with “the supreme executive power.” ‘The result was that while in theory the principle of separation fof powers introduced the system of checks wud balances, in practice executive predominance gave the American colonial Government in the Philippine Islands its distinctive Characteristic. Moreover, the principle of separation of powers ‘was used to confine Filipiso participation in the government to Strictly lawmaking and thereby preserve the authority of the ‘American Governor General| PHILIPPINE CONSTITUTIONAL SYSTEM i Jt was mainly this colonial arrangement that was followed {in the 1985 Constitution, The Jones-Law-of 1916, not the U.S. Constitution, served as the model for the Philippine Constitution of 1935, When one turns to the relation of the State and the individual, the other division of powers, one finds other fundamental differences between the Philippine Constitution i of 1935 and the American fundamental law. State regulation of i educational institutions in the Philippines was provided. The! expropriation of private lands and their resale in small lots to i individuals was authorized. Government takeover of industries k and means of transportation and communication in the interest of national welfare and defense was likewise authorized. The ‘THE ORIOIN AND DEVELOPMENT OF THE ‘PHILIPPINE CONSTITUTIONAL SYSTEM of principles and state policies. Indeed, the allocation of powers {in our society reflects our historie background and experience as ‘well as our political culture, the Jominant feature of which has been a strong executive, whether symbolized by the datu, the alien Governor General, or the President or Prime Minister. Philippine constitutional law, too, has its own peculiar idiom that is quite unlike the idiom of American constitutional law. i suspension of the privilege of the writ of habeas corpus in times + ‘of-emergenc; rovi ‘icente-G,__Sineo-noted, our = iy influenced! by the of authoritarian governments in Europ ing economic security to ~~ suppressing domestic disorders and the individual ‘An opposite trend was inaugurated with respect to the relation of the national to the local governments, the vertical et division of powers. The 1984 Constitutional Convention limited Z the power of the central government over loeal governments to : ‘mere “general supervision,” as distinguished from “contro.” And so for many years, following the inauguration of the Commonwealth Government, much of the energies of the Supreme Court were spent elaborating this distinetion in cases involving the President's power of suspension over local officals — a distinetion that was not always easy to draw. The movement toward decentralization gained momentum in the 1950s as legislation sought to enlarge the sphere of local Autonomy in fiscal matters One might say that, on the whole, where the American Constitution is premised on a profound distrust of power, the Philippine Constitution of 1985 was founded ‘on faith in the fare state, administered by a just and responsible government, perhaps under the superintendence of a wise and independent judiciary. This theme is elaborated upon most fully and is carried forward in the new Constitution in a declaration