THE GOVERNMENT OF THE PHILIPPINES IN TRANSITION

The pre-Spanish Government - serfs four (4) centuries

- do not live with their master - possession of the Philippines by Spain
Unit of government Aliping sagigilid 1898
Barangay - slaves - The possession was terminated when
- settlements or villages - live with their master the Philippines was ceded by Spain to
- consisting of 100 families the United States by the Treaty of
Early Laws
- named after balangay -- Malayan Paris
- A legal system already existed in the
word meaning “boat” that confirms Spanish colonial government
Philippines even in pre-colonial time.
the theory that early Filipinos came to
Written laws 1565 to 1821
the Philippines in boats
“Maragtas Code” - The Philippines was indirectly
- virtually a state
- 1250 A.D. governed by the king of Spain
- join to form “confederations” for
- written by Datu Sumakwel of through Mexico
mutual protection against common
Panay 1821
enemies
“Kalantiaw Code” - Mexico obtained her independence
Datu - 1433 A.D. from Spain
Datu - Written by Datu Kalantiaw 1821 to 1898
- chief that rules each barangay also of Panay - the Philippines was ruled directly
- rajah, sultan, hadji Unwritten laws from Spain
- chief executive, lawgiver, chief judge, - customs and traditions Council of Indies
military head - council in Spain responsible for the
Comparison with other ancient governments
- assisted by maginoos – a council of administration of the Philippines
- The laws of the barangay were generally fair 1837
elders – which served as his advisers
- High intelligence and moral virtues - Council of Indies was abolished
- by inheritance, wisdom, wealth, or
- As wise, prudent and humane as that of - legislation for the Philippines was
physical prowess
nations then at the head of civilization temporarily performed by the Council
- the monarch
Government during the Spanish period of Ministers
Social Classes in the Barangay
1863
Spain’s title to the Philippines
Maharlika - Ministry of Ultramar exercised
- nobility 1521 general powers of supervision over
- includes datu - discovery of the Philippines by Philippine affairs
Timawa Ferdinand Magellan 1810-1813, 1820-1823, and 1836-1837
- freemen 1566
Aliping namamahay - conquest by Miguel Lopez de Legazpi

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THE GOVERNMENT OF THE PHILIPPINES IN TRANSITION
- the Philippines was given
representation in the Spanish Cortes
– the legislative body of Spain
the union of the church and the state
- a basic principle introduced by Spain
Government in the Philippines unitary
- centralized in structure and national in
scope
pueblos
- towns
- headed by a gobernadorcillo – little
governor, popularly called capitan
- consolidate into provinces, each
headed by a governor – represents
the Governor-General in the province
ayuntamiento / cabildo
- city council
Cebu
- first city to be established in 1565
Manila
- second city to be established in 1571
The Governor-General
- “Governor-General”,” Captain-
General”, and “vice-royal patron” –
religious powers
- executive, administrative, legislative,
and judicial powers
- Commander-in-Chief of all the Armed
Forces of the Philippines
- enjoyed more powers than the King
of Spain himself
The Judiciary
Royal Audiencia
- established in 1583
- Supreme Court of the Philippines
during the Spanish times
- its decision is final except on certain
cases of great importance which
could be appealed to the King of
Spain
- executive and legislative in nature
Territorial Audiencias
- below the Royal Audiencia
- exercised appellate jurisdiction over
criminal cases coming from the
surrounding territory
- one in Cebu, and one in Vigan –
established in 1893
courts of first instance
- both civil and criminal jurisdiction in
provinces
- Regional Trial Court (RTC) during the
Spanish times
justice of peace courts
- established in towns
- Municipal Trial Court (MTC) during
the Spanish times
military and naval courts
- had jurisdiction over military offenses
ecclesiastical courts
- had cognizance of canonical matters
and ecclesiastical offenses
treasury and commercial courts
- also created but later abolished
Evaluation of the Spanish Government in the
Philippines
1571 to 1898
- Spain ruled the Philippines
Demerits of the Spanish Administration
- defective
- for the Spaniards and not for the
Filipinos
- officials were inefficient and corrupt
- union of the state and church
produced serious strife between the
ecclesiastical and civil authorities
- equality before the law was denied to
the Filipinos
Merits of the Spanish Administration
- was generally mild and humane
o Filipino people were not
brutalized
o Spaniards and Filipinos
intermarried and mingled
socially
o slavery and tribal wars were
suppressed
- brought about the unification of the
Filipino people under one God, one
King, and one government
o out of their common
grievances against Spain,
blossomed the spirit of
nationalism
- uplifted the Filipino people from the
depth of primitive culture and
paganism and gave them the blessing
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THE GOVERNMENT OF THE PHILIPPINES IN TRANSITION
of Christianity and European
civilization
Governments during the Revolutionary era
The Katipunan Government
August 26, 1896
- Katipunan precipitated our glorious
revolution
Andres Bonifacio
- organized Katipunan
July 7, 1892
- together with a group of Filipino
patriots, signed the covenant of the
Katipunan with their own blood
Kataastaasang Sangunian / Supreme council
- central government of the Katipunan
Sangguniang Balangay / Provincial Council
- in each province
Sangguniang Bayan / Popular Council
- in each town
Sangguniang Bayan / Judicial Council
- exercises the judicial power
“to establish a free and sovereign Philippines”
- the goal of the Katipunan
Gen. Emilio Aguinaldo
- President of the government that
replaced the Katipunan
Tejeros Convention
- where the officials of the new
government were elected
- held on March 22-23, 1897
the revolutionary government established in
the Tejeros Convention
- first government to unify all rebel
forces
- first Filipino government whose
officials were freely elected by
representatives of the people
The Biak-na-Bato Republic
- established on November 1, 1897 by Gen.
Emilio Aguinaldo in Biak-na-Bato (now San
Miguel de Mayumo, Bulacan)
The First Philippine Republic
- had a constitution which was to take effect for
two (2) years only
- declared that the aim of the revolutions was
the “separation of the Philippines from the
Spanish monarchy and their formation into an
independent state”
- lasted up to December 15, 1897, with the
conclusion of the “Pact of Biak-na-Bato”
The Dictatorial Government
April 25, 1898
- outbreak of the Spanish-American
war
May 23, 1898
- Gen. Emilio Aguinaldo, on the view
on the chaotic conditions in the
country, established the Dictatorial
Government
June 12, 1898
- Proclamation of Philippine
Independence at Kawit, Cavite
The Revolutionary Government
June 29, 1898
- Gen. Emilio Aguinaldo established
the Revolutionary Government with
himself as President and a Congress
whose function was advisory and
ministerial
“to struggle for the independence of the
Philippines, until all nations including Spain
will expressively recognize it”
- the aims of the new government
September 15, 1898
- a revolutionary Congress of Filipino
representatives met in Malolos,
Bulacan at the call of the
Revolutionary Government
- promulgation of the so-called Malolos
Constitution
Malolos Constitution
- first democratic constitution ever
promulgated in the whole of Asia
- established a “free and independent
Philippine Republic” (also then called
the “Malolos Republic”
- had no opportunity to operate
September 29, 1898
- the Malolos Congress formally
ratified the proclamation of
Philippine independence
January 23, 1899
- the Malolos Republic was inaugurated
Proclamation No. 533
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THE GOVERNMENT OF THE PHILIPPINES IN TRANSITION
- designated January 23 of every year
as “Araw ng Republikang Pilipino
1899”
February 1899
- the United Stated annexed the
Philippines as a result of the Spanish-
American War of 1898
April 1901
- Gen. Aguinaldo was captured
Philippine Revolution of 1898
- first war of independence fought by
Asians against foreign domination
- gave birth to the first constitutional
democracy in Asia and the West
Pacific
Governments during the American regime
The Military Government
August 14, 1898
- the American military rule in the
Philippines began
- the day after the capture of Manila
The Civil Government
Spooner Agreement
- on the army appropriation act passed
in the U.S. Congress on March 3,
1901)
- ended the military regime in the
Philippines
July 4, 1901
- the Civil Government was
inaugurated in Manila
October 29, 1901
- created the position of a Civil
Governor
February 6, 1905
- the title of Civil Governor was
changed to Governor-General
Philippine Commission
The Commonwealth Government of the Philippines
- the sole lawmaking body of the
government from 1901 to 1907
- headed by the Civil Governor
- acted as the upper house of the
legislative branch from 1907 to 1916
Philippine Bill of 1902
- the basic law for the Philippine
government
- provided for the creation of the
Philippine Assembly
Philippine Assembly
- composed of Filipinos elected by the
people
- acted as the lower house of the
legislative branch
Resident Commissioners
- two who represent the Philippines in
the United States
- elected by the Philippine Legislature
- had seats in the United States House
of Representatives but without the
rights to vote
Jones Law of 1916
- became the new organic or basic law
for the Philippines
- vested the legislative power in an all-
Filipino lawmaking body composed of
the Philippine Senate and the House
of Representatives
- promised to grant the Philippines
independence as soon as the Filipinos
could establish stable government
Tydings-McDuffie Law
- an act of the United States Congress
on March 24, 1934 that brought the
establishment of the Commonwealth
Government of the Philippines
- provided for a transition period of ten
(10) years during which the Philippine
Commonwealth would operate
July 4, 1946
- expiration of the transition period
- the independence of the Philippines
would be proclaimed and established
Government of the Philippine Islands
- the government before the
Commonwealth Government of the
Philippines
republican and presidential
- the form of the Commonwealth
Government of the Philippines
National Assembly
- unicameral
Congress
- bicameral
very autonomous
- the Filipinos had almost complete
control over domestic affairs and the
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THE GOVERNMENT OF THE PHILIPPINES IN TRANSITION

United States retaining control only - President

over matters involving foreign affairs August 17, 1945
May 13, 1942 to October 3, 1944 - dissolution of the Republic
- the Commonwealth Government of
The Previous Philippine Republics
the Philippines functioned in exile
Joint Resolution No. 93
February 27, 1945
- it was reestablished in Manila when
Gen. Douglas MacArthur turned over
to President Osmeña the full powers
and responsibilities of the
Commonwealth Government of the
Philippines under the 1935
Constitution
Governments during the Japanese occupation

The Japanese Military Administration

January 3, 1942
- established in Manila
- one day after its occupation
Japanese High Command
- issued a proclamation under which
the sovereignty of the United States
over the Philippines was declared
terminated

The Philippine Executive Commission

Jorge B. Vargas
- chairman of the Philippine Executive
Commission

The Japanese-sponsored Republic of the Philippines

October 14, 1943

- inaugurated
Jose P. Laurel