Philippine Government and Constitution PASINOS, Venmari Joyce T.

2SLP Historical Development of the Philippine Government

 The Pre-Spanish Government
1. UNIT of GOVERNMENT  Prior to the arrival of the Spaniards, the Philippines was composed of settlements or villages, each called barangay.  Barangay is named after balangay, a Malaysian word meaning ―boat‖  It consists of more or less 100 families.  It was virtually a state, for it possessed the four basic elements of statehood.  Some joined together as ―confederations‖ mainly for the purpose of mutual protection against common enemies. 2. DATU  Each barangay was ruled by a chief called datu in some places, and rajah, sultan, or hadji in others.  The datu was the barangay’s chief executive, lawgiver, chief judge, and military head.  He was assisted usually by a council of elders (maginoos) which served as his advisers.  One could be a datu chiefly by inheritance, wisdom, wealth, or physical prowess.  In form, the barangay was a monarchy with the datu as the monarch. 3. SOCIAL CLASSES in the BARANGAY  The nobility (Maharlika)  The freemen (Timawa)  The serfs ( Aliping namamahay)  The slaves (Aliping sagigilid) 4. EARLY LAWS  Written Laws — Promulgated by datus — The two known written are the Maragtas Code and the Kalantiaw Code.  Maragtas Code  was said to have been written about 1250 AD by Datu Sumakwel of Panay  Kalantiaw Code  Written in 1433 AD by Datu Kalantiaw of Panay  Unwritten Laws — consisted of customs and traditions which had been passed down from generation to generation 5. COMPARISON with OTHER ANCIENT GOVERNMENTS

to 1898. 3. 4. — Each of these cities had an ayuntamiento or cabildo (city council)  Cebu was the first city to be established in 1565 in the Philippines. each headed by a governor who represented the Governor General in the province.  ―Governor – General.  The council in Spain responsible for the administration of the Philippines was the Council of the Indies. when Mexico obtained her independence from Spain. popularly called capitan. was clearly as wise. taking into consideration the circumstances and the epoch in which it was framed. SPAIN’S TITLE to the PHILIPPINES  It was based on the discovery made by Ferdinand Magellan in 1521.‖ ―Vice Royal Patron‖ .‖  Government during the Spanish period 1. as that of the nations then at the head of civilization. and as humane.  From 1863. GOVERNMENT in the PHILIPPINES: UNITARY  The government which Spain has established: centralized in structure and national in scope. and the towns into provinces.  In 1837. it was abolished and legislation for the Philippines was temporarily performed by the Council of Ministers. even in the prehistoric times had already shown high intelligence and moral virtues. SPANISH COLONIAL GOVERNMENT  From 1565 to 1821. the Ministry of Ultramar (colonies) exercised general powers of supervision of Philippine affairs. the Philippines was ruled directly from Spain. as prudent.‖ ―Captain General. which.  Basic principle introduced by Spain: The union of the CHURCH and the STATE. The GOVERNOR – GENERAL  The powers of the government were actually exercised by the Governor-General who resided in Manila. The second was Manila. each headed by a gobernadorcillo (little governor). 1836-1837). in 1571. 1820-1823.  Three times during the Spanish period (1810-1813. the Philippines was indirectly governed by the King of Spain through Mexico.  Cities governed under special charters were also created. virtues and intelligence clearly manifested in their legislation.  The barangays were consolidated into towns (pueblos).  From 1821. the legislative body of Spain.  An eminent scholar has written: ―The Filipino people. 2. The laws of the barangay were generally fair. the Philippines was given representation in the Spanish Cartes.

legislative. — This was justified because of the distance of the Philippines from Spain. Diego de los Rios (1898) – last Spanish Governor-General 5. and judicial powers.  It has been said that the Governor-General enjoyed more powers than the King of Spain himself.  It performed functions of executive and legislative nature.  In 1886.— As Governor-General: He had executive. EVALUATION of the SPANISH GOVERNMENT in the PHILIPPINES  Demerits  The government which Spain established was defective. courts of first instance with both civil and criminal jurisdiction were established in the provinces.  The Spanish officials were often inefficient and corrupt.  At the bottom of the judicial system were the justice of the peace courts which were established in the different towns in 1885.  The Governor-General was assisted by many boards and officers. The JUDICIARY  Royal Audiencia (1583)  It is the Supreme Court of the Philippines during the Spanish times.  Territorial Audiencias (1893)  It is below the Royal Audiencia  There were two territorial audiencias: one in Cebu and the other in Vigan  It exercised appellate jurisdiction over criminal cases coming from the surrounding territory.  The union of the church and state produced serious strifes between the ecclesiastical and civil authorities.  Its decision was final except on certain cases of great importance which could be appealed to the King of Spain.  Miguel Lopez de Legazpi (1565-1571) – first Spanish Governor-General Gen. particularly the Board of Authorities and the Council of Administration. administrative. — As Captain General: He was Commander-in-Chief of all the Armed Forces in the country — As the Vice Royal Patron: He exercised certain religious powers.  Equality before the law was denied to the Filipinos.  There were special courts:  Military and Naval courts — Had jurisdiction over military defenses  Ecclesiastical courts — Had cognizance of canonical matters and ecclesiastical offenses  Treasury and Commercial courts 6. — It was a government for the Spaniards not for the Filipinos.  Merits .

— Tejeros Convention on March 22. — Spaniards and Filipinos intermarried and mingled socially. 1897. who.  It was replaced by another government headed by Gen. together with a group of Filipino patriots. 1898 . there was a Popular Council (Sangguniang Bayan). — The diverse tribes were molded into one people. — The spirit of nationalism blossomed. In each province there was a Provincial Council (Sangguniang Balangay). Cavite on June 12. Gen. signed the covenant of the Katipunan with their own blood on July 7. 1897.‖ 3.  The Katipunan was the first clear break from Spanish rule with the ultimate goal to establish a free and sovereign Philippines. 1898. Aguinaldo established the Dictatorial Government on May 23. with the conclusion of the ―Pact of Biak-na-Bato. under one God. In each town. Aguinaldo in Biak-na-Bato (now San Miguel de Mayumo. The judicial power was exercised by a Judicial Council (Sangguniang Hukuman). and one government. a republic was established by Gen. the DICTATORIAL GOVERNMENT  In view of the chaotic conditions in the country. 1896. the KATIPUNAN GOVERNMENT  The Katipunan was the secret society that precipitated our glorious revolution on August 26. Bulacan). the BIAK. The Spanish rule was generally mild and humane.  It uplifted the Filipinos from the depth of primitive culture and paganism.  It brought about the unification of the Filipino people.  Most important achievements: — Proclamation of the Philippine Independence at Kawit.  It had a constitution which was to take effect for two years only.1897 2.  The aim of the revolution: — separation of the Philippines from the Spanish monarchy and their formation into an independent state  It lasted up to December -BATO REPUBLIC  On November 1. — The Filipinos were not brutalized. — blessings of Christianity and European civilization  Government during the Revolutionary era 1.  It was organized by Andres Bonifacio. under one King. Emilio Aguinaldo.  Its central government was vested in a Supreme Council (Kataas-taasang Sanggunian). 1892. — Slavery and tribal wars were suppressed.

1898. and judicial -was delegated to the military governor. 1898. as Commander-in-Chief of all Armed Forces of the United States. Aguinaldo as President. a revolutionary Congress of Filipino representatives met in Malolos. — This in no way diminishes its historical significance. Bulacan at the call of the Revolutionary Government  On September 29. 1899 to March 23.  Governments during the American Regime 1. Emilio Aguinaldo in Kawit. Gen.  The aims of the new government: — to struggle for the independence of the Philippines.  The Malolos Constitution had no opportunity to operate. Its independence cut short by the superior might of a new colonial power. — This Constitution was the first democratic constitution ever promulgated in the whole of Asia. the REVOLUTIONARY GOVERNMENT  On June 29. 1901. Aguinaldo established the Revolutionary Government with himself as President and a Congress whose function was advisory and ministerial. the FIRST PHILIPPINE REPUBLIC  On September 15.  It was nevertheless an organized government because it actually existed and its authority was accepted. — His authority.  It was the first war of independence fought by Asians against foreign domination.  The existence of war gave the President of the United States the power to establish a military government in the Philippines. 1898.— Reorganization of local governments 4.  It existed from January 23. 1898 and framed the so-called Malolos Constitution. the day after the capture of Manila.  Our first Philippine Republic was not recognized by the family of nations. 1898. Otis – second Military Governor Major General Arthur MacArthur – third and last Military Governor .  It gave birth to the first constitutional democracy in Asia and the West Pacific. until all nations including Spain will expressly recognize it — to prepare the country for the establishment of a real Republic 5. legislative. the Malolos Congress ratified the proclamation of Philippine independence made by Gen.  General Wesley Merritt – first American Military Governor General Eiwell E. 1899 with Gen. the MILITARY GOVERNMENT  It began in the Philippines on April 14. — It established a ―free and independent Philippine Republic‖ which was inaugurated on January 23.executive.  The Republic was short-lived. all powers of government -. Cavite on June 12.

1935.  These two bodies gave way to the Philippine Legislature with the passage of Spooner Law in 1916.  The Civil Government was inaugurated in Manila on July 4. the United States retaining control only over matters involving foreign affairs.  The new government was inaugurated on November 15. 1901. the CIVIL GOVERNMENT  The so-called Spooner Amendment ended the military regime in the Philippines. the sole law-making body of the government from 1901 to 1907. 1934. 1946. Quezon and Sergio Osmeña. . the law provided for a transition period of ten years during which the Philippine Commonwealth would operate and at the expiration of said period on July 4. with Manuel L.2. respectively.  The Commonwealth Government was very autonomous. the Commonwealth Government was established. the Philippine Commission acted as the upper house of the legislative branch with the Philippine Assembly serving as the lower house. as President and Vice.President. the COMMONWEALTH GOVERNMENT of the PHILIPPINES  Pursuant to an act of the United States Congress on March 23. following the first national election under the 1935 Constitution held on September 12.  From 1907 to 1916. commonly known as the Tydings-McDuffie Law. 1901. Wright (1904-1906) — succeeded Taft — the first American to enjoy the title of Governor-General of the Philippines Frank Murphy (1933-1935) — last Governor-General — the first High Commissioner of the United States to the Philippines upon the inauguration of the Commonwealth Government of the Philippines 3. headed by a Civil Governor whose position was created on October 29.  Judge William H.  Among other things.  Judicial power — It was vested in the Supreme Court and lower courts provided by law.  The Filipinos had almost complete control over the domestic affairs.  The Civil Governor (later changed to Governor-General) exercised legislative powers. the independence of the Philippines would be proclaimed and established. 1935.  He remained as President of the Philippine Commission. Taft (1901-1903) — first Civil Governor Luke F.  Legislative power — It was first vested in a unicameral National Assembly and later in a bicameral Congress composed of the Senate and the House of Representatives.  The Commonwealth Government of the Philippines was republican in form under the presidential type.

one day after its occupation. 1972. 1899 under the Malolos Constitution. the PHILIPPINE EXECUTIVE COMMISSION  The Philippine Executive commission composed of Filipinos with Jorge B. as amended in a plebiscite on April 7. 1945. The 1935 Constitution served as the fundamental law not only for the Commonwealth Government which was interrupted by World War II but also for the Republic of the Philippines until the ratification of the 1973 Philippine Constitution establishing a parliamentary form of government. proclaimed the birth of the Fourth Republic under the 1973 Constitution which. the President of the United States was authorized to proclaim the independence of the Philippines prior to July 4. 93. 1942. on October 14. thus making him its first President. 2. 3. after the declaration of martial law on September 21. 1946 with Manuel A. 1102 of President Ferdinand E. Marcos. 1943 under the Japanese-sponsored Constitution. the JAPANESE-SPONSORED REPUBLIC of the PHILIPPINES  It was inaugurated on October 14. 1981.  The ultimate source of its authority was the Japanese military authority and government. Governments during the Japanese Occupation 1. 1946 under the 1935 Constitution. in his inaugural address on June 30.  President Laurel proclaimed its dissolution on August 17. Vargas as chairman. the JAPANESE MILITARY ADMINISTRATION  It was established in Manila on January 3. The First Republic was established on January 23. on July 4. and the Third. after the Japanese had been vanquished and constitutional processes in the country restored. Laurel as President. effected by virtue of Proclamation No.  The Republic of the Philippines was formally inaugurated on July 4. 1946. 1943 with Jose P. Under Joint Resolution No.  The laws enacted were subject to the approval of the Commander-in-Chief of the Japanese forces. 2.  President Ferdinand E.  Under a proclamation issued by the Japanese High Command. 1981. .  They also served as the last Commonwealth President and Vice-President. installed a modified parliamentary system of government. 1973. the sovereignty of the United States over the Philippines was declared terminated.  The judiciary continued in the same form but without the independence which it had traditionally enjoyed. the Second.  It exercised both the executive and legislative powers. Roxas as the first President and Elpidio Quirino as the first Vice-President. was organized by the military forces of occupation. Marcos on January 17.  The previous Philippine Republics 1.

DE JURE / DE FACTO  de Jure  It is constituted or founded in accordance with the existing constitution of the state (according to law)  de Facto  It is not so constituted or founded but has the general support of the people and effective control of the territory over which it exercises its powers. 1987. she read Proclamation No. San Juan.  A de facto government acquires a de jure status when it gains wide acceptance from the people and recognition from the community of nations.  It derived its existence and authority directly from the people themselves and not from the then operating 1973 Constitution.  There was nothing to prevent the government from amending.  It did not have a status of a supreme or fundamental law because the government was not created by it and was not bound to obey it. Marcos. 2. .‖ 1. 3.  The provisional Government of 1986 Before Corazon C.22-25) that culminated in the ouster of President Ferdinand E. 4.The present Republic came into being upon the ratification of the 1987 Constitution on February 2. she swore to preserve and defend the ―fundamental law‖ and execute ―just laws. Metro Manila.  It was based on the consent of the governed or the approval of the people. REVOLUTIONARY  The government was revolutionary because it was instituted not in accordance with the procedure provided in an existing Constitution. the last day of a four-day ―people power‖ revolt (Feb.‖ In her oath. Aquino took her oath of office on the morning of February 25. DEMOCRATIC  The provisional government was claimed to be democratic because it was installed by direct action of the people as a direct expression or manifestation of their sovereign will. suspending or abrogating the Provisional Constitution and adopting a new one or operating without any constitution. 1986 at Club Filipino. CONSTITUTIONAL and TRANSITORY  The provisional government was not a purely revolutionary one but a hybrid constitutional revolutionary government. 1 wherein she declared the she and her Vice-President were ―taking power in the name and by the will of the Filipino people.

being a direct creation of the people. ―it is a law unto itself. derives its powers from the people to whom alone it is accountable. .5. Proclamation No. it opted to abide with and to subject itself to the provisions thereof. 1987. POWERS  A revolutionary government. as the interim Constitution. adopting in toto insofar as they are not inconsistent with the provisions of the Proclamation. 3 promulgated a Provisional Constitution to replace the former. with the adoption of the Provisional Constitution. the PROVISIONAL CONSTITUTION  Instead of declaring the 1973 Constitution with certain amendments and minus certain articles and provisions.  It is said that it is clothed with unlimited powers because it makes its own laws. pending approval of a new charter.  The Provisional Constitution self-destruct upon the ratification and effectivity of the new Constitution on February 2. 6. certain provisions of the 1973 Constitution.‖  However.