Forms of Government

Pre and Spanish Governments

Baranganic Government (1565) – before Magellan arrived in 1521, the natives in

this community had their own government. This government was called balangay,
which means boat. This is a community headed by a chieftain, later called tenyente del
barrio.

The Datu is the head of the barangay. The Datu inherited his position and
succeeded to the throne by his eldest son. If the Datu does not have the son, the position
can be passed on to his eldest daughter. In the absence of a daughter, the Datu’s eldest
brother shall succeed him. If, still, the Datu does not have any relative to inherit the
position, then the people will elect who shall become the next leader of the barangay on
the basis of wisdom, bravery, wealth, experience, and noble deeds.

As the chief executive, the Datu has the responsibility to implement or execute
the laws of the barangay, written or unwritten. The Datu can be a legislator (with the
help of the elders), chief judge (trials by jury or ordeal), Military Commander (he can
declare war with support of the maharlika).

The Philippines was ruled by the King of Spain up to 1821. The first governor
general, Miguel Lopez de Lagazpi constituted the encomendero. An encomienda is
given to a Spanish officer who helped in the pacification of the natives. The duties and
responsibilities of the encomendero were to keep the people, to educate the people, and
the most important is to collect tax. The three kinds of encomienda were the Royal
(exclusively owned by the King of Spain and was consisted of cities, seaports, and
inhabitants of regions rich in natural resources); Private (owned by private persons or
charitable institutions) and Ecclesiastical (owned by religious orders). The encomienda
has later replaced by the provinces, cities, municipalities, and barrios. The Spanish
government in the Philippines could be divided into two, the national and the local
levels.

Activity: Share your thoughts about the following era:

1. American Occupation with the 1935 Constitution
2. Japanese Era
3. The Third Republic
4. Martial Law and the Fourth Republic with the 1973 Constitution
5. The Revolutionary Government and the Fifth Republic
6. Political Parties and Interest Groups in the Philippines
 GOVERNMENTS DURING THE SPANISH COLONIZATION
(1565-1898)
Executive Branch
The discovery by Ferdinand Magellan (Spanish name, Fernando Magallanes;
Portuguese name, Fernhao Magalhaes) of the Philippines in 1521 was the backdrop of
the coming of Spain to the site but unsuccessful expeditions led by Cabot, Loaisa,
Saavedra and Villalobos. Spain, against all odds, sent another one in 1564 headed by a
rich banker, Miguel Lopez de Legazpi. This was the most successful expedition for it
planted the seeds of Spanish sovereignty in the Philippines. Spain gave the name Islas
Felipinas (Philippine Islands) in honor of then Prince Philip who later became King
Philip II.

From the beginning of Spanish rule, the Philippines was ruled by the King of Spain
through the viceroy of Mexico, which lasted up to 1821. Assisting the viceroy was the
Council of the Indies that was created by King Charles I (Emperor Charles V of the
Holy Roman Empire) on August 1, 1524 at the onset, the first governor general, Miguel
Lopez de Legazpi, constituted the so-called encomienda headed by an encomendero. An
encomiendais given to a Spanish officer who helped in the pacification of the natives. The
duties and responsibilities of the encomendero were (1) to keep peace and order, (2) to
protect the inhabitants, (3) to Christianize the people, (4) to educate the people, and the
most important is (5) to collect tax. There are three kinds of encomienda;

1. Royal– This was exclusively owned by the King of Spain and was consisted of
cities, seaports, and inhabitants of regions rich in natural resources.

2. Private – Owned by private persons or charitable institutions such as the College

of Santa Potenciana and the Hospital of San Juan de Dios.

3. Ecclesiastical – This was owned by religious orders.

The encomienda system lasted and finally ended in the first decade of the 19 th
Century (Zaide, 1999). The encomienda has later replaced by the provinces, cities,
municipalities, and barrios. Hence, the Spanish government in the Philippines could be
divided into two, the national and the local levels.

The Central Government

 At the national level, in 1821 the Spanish King governed the colony through his
personal representative, the governor general, who was also under the immediate
supervision of the Council of Minister (Minister of the Colonies). Aruego, Resano-
Condez, Aquino, and Dumlao (1947) cited that the term of office of the governor
general was the first for eight years, then, it was reduced to three years. However, since
the governor general was the personal representative of the King of Spain, he served
only at the pleasure of the King. There were also instances when the governor general
himself was a victim of the political tug-of-war of the conservative and liberal parties in
Spain, or when he had manipulated by the high-ranking officers of the church.

From 1822 to 1898, the governor’s general were officers of the Spanish Army. The
first governor general was Miguel Lopez de Legazpi and the last was Diego de los Rios.

The governor general had broad powers. In reality, he exercised the powers of
the King of Spain in the Philippines. How powers are:

1. Executive – The governor general, as the chief executive, has the duty to
execute the laws, appoint and remove officials, preserve peace and order,
supervise the collection of taxes, and supervise and control administrative
branches of the government.

2. Legislative – The governor general can enact his own decree, edict or
ordinance, which has the force of law. He can also suspend the enforcement
of royal decrees and orders coming from Spain.

3. Judicial – The governor general was the president of the Royal Audiencia in
the Philippines up to 1861. He had also the power to grant power and
amnesty.

4. Military – The governor general acted as the Captain General. As such, he

was the commander-in-chief of the Armed Forces of Spain in the country. He
had therefore the obligation to suppress revolts, uprisings, foreign invasion,
and at the same time to send expeditionary forces to foreign lands.

5. Diplomatic – The governor general was empowered to appoint ambassadors

to and receive ambassadors from foreign countries. He was also empowered
to declare was and conclude peace treaties.

6. Religious – As governor general and upon the recommendation of the Bishop

of Archbishop, he can appoint or assign to their parishes and approve the
creation or abolition of parishes.

Checks to Gubernatorial Powers

 In any government setup, democratic or totalitarian, checks to the powers of the
ruling class shall be provided to make it function effectively. The King of Spain has
decided to create the following agencies to safeguard the excesses of the governor
general.
These are:

1. Residencia – It is a special court, which hosts the trial of an outgoing governor

general and other Spanish colonial officials for them to account for their acts
while in office (Aruego, 1974; Zaide, 1999).

2. Visitador – A secret investigator, which the King or viceroy of Mexico sent to the
colony to investigate conditions in the colony and to make necessary reports to
the King of Spain.

3. Royal Audiencia– This was the Supreme Court in the Philippines during the
Spanish colonization. It was created by a royal decree of May 15, 1583. The
President of the Royal Audiencia was the governor general. It started operating
on June 15, 1584 with Governor General Santiago de Vera as its first President.
The royal audiencia had also performed executive function (acted as governor
general), legislative function (through the creation of laws called autos acordados
or acts agreed upon), and administrative function (as auditor general of the
colonial government).

4. Archbishop and the clergy – These religious figures were very influential in the
King’s court. They could remove a governor general like in the case of Ramon
Blanco in 1896.

5. Complaints sent by subordinate officials and private citizens to the King’s court.

Local Governments
The local administration in the Philippines was entrusted to the following
administrations:
1. Provincial government– This territory was formerly known as the encomienda.
It was also called lalawigan or provincial. There were two kinds of provinces:

a. Alcaldia or a pacified province headed by the Alcalde Mayor. The alcalde

mayor can engage in trade through the so-called indultode commercio. This special
privilege was granted to them from 1751 to 1844. Only a Spaniard can be an
alcalde mayor. Aside from being the provincial administrator, the alcalde mayor
also acted as judge, chief of police, tribute collector, and captain general of the
province (Agoncillo, 1990). In 1886, executive function was removed from the
alcalde mayor. In place of him a civil governor was appointed but the alcalde
mayor continued to perform judicial functions (Arguego, et al, 1974).

b. Corregimientoor an unpacified province (military zones) headed by the

Corregidor.

2. City government - The city government was known as ayuntamiento. The

ayuntamiento was headed by a cabildo. A cabildo or city council was composed
of one or two alcaldes ordinaries (mayor) who were elected by the Spanish
residents of the city, regodes or councilors, alguacil mayor or chief constable, and
escribano or secretary. at the end of the 17 th century, there were six cities in the
Philippines, there were:

1. Manila 4. Naga (Nueva Caceres)

2. Vigan (Villa Fernandina) 5. Cebu
3. Lal-lo Cagayan (Nueva Segovia) 6. Iloilo (Villa Arevalo)

By 1894, there were two more cities added these were: (1) Lipa, Batangas, and (2)
Albay.

3. Municipal government– The provinces were divided into towns or pueblos. The
municipio was headed by a gobernadorcillo, the highest position that could be
held by a Filipino. In 1894, the gobernadorcillo was replaced by a captain or
capitana. The administrative functions of a gobernadorcillo were:

1. Preparation of a pardon or a tribute list.

2. Recruitment and distribution of men for the draft labor
3. Communal public work
4. Quinto or military conscription
5. Postal clerk
6. Judge in civil suits involving ₱44.00 or less

His multifarious duties earned for him an annual salary of ₱24.00 but exempt
from paying taxes. For him to function effectively he has to be assisted by the
following officers:
 7. Supernumeraries or inspectors (teniente de justicia)
8. Constables (aguaciles)
9. Four teniente segunda
10. Lieutenants of districts (teniente del barrio)
11. Secretary (directorcillo)

4. Barrio government– Every municipality was divided into barrios. These barrios
were carry-over from the pre-Spanish barangays headed by the Datu. During the
Spanish colonization, each barrio was headed by a cabeza de barangay. The
cabeza de barangay was exempt from paying taxes and for those who served for
25 years were exempt from forced labor. The duties and functions of the cabeza
de barangay was the following:

1. Collection of tax and cotributions

2. Promotion of peace and order
3. Recruitment of polistas for communal public works

The following qualification of cabeza de barangay who served for three-year term were
as follows:

A. Literacy in Spanish
B. Good moral character
C. Property ownership

JUDICIAL BRANCH
During the Spanish colonization, the administration of justice was entrusted to
the following agencies:

1. Royal Audiencia or Supreme Court – It was composed of one chief justice, one
president for criminal cases, one president for the chamber for civil cases, eight
associate justices, and attorney general, and reserved justices for vacancies.
 2. Appellate courts for criminal cases which were created in 1893 – These were
composed of chief justice, two associate justices, an attorney general, and a
secretary. Appellate courts were first established in the cities of Cebu and Vigan.

3. Courts of First Instance in each province – These were organized in 1894 when
executive function was removed from the alcalde mayor. The alcaldes mayors
become judges of these courts. In addition to the judge (alcalde mayor before),
there were a fiscal and a clerk of court. They handled civil and criminal cases.

4. Justices of the peace courts in pueblos – These were established in 1885. Justices
were appointed by the governor general on recommendation of the chief justice
of the Supreme Court. They received no salary but their compensation was taken
from the fees, which the law allowed them to charge. They had civil and criminal
jurisdiction over minor cases.

LEGISLATIVE BRANCH
The lawmaking body of Spain was known as Cortes (Parliament). All the laws
that were implemented in the Philippines were made by the Spanish Cortes and
codified and published under the so-called colonial code entitled Recopilacion de Leyes
de las Indias, popularly known as Laws of the Indies or Leyes de Indias.

To improve the colonial administration in the Philippines, it granted the country

representation in the Parliament. This happened for three terms in brief periods in 1810
– 1813, 1820 – 1823, and in 1834 – 1837. The first Philippines representative was a creole
born in Vigan, Ilocos Sur named Ventura de los Reyes. As a Philippine delegate, he had
two remarkable achievements: (1) the signing of the Spanish Constitution of 1812, the
only Filipino to be a signatory, and (2) the abolition of the Manila-Acapulco Galleon
Trade.

On June 18, 1837, Spain abolished Philippine representation and the country had
governed by special laws. The suppression of representation was later on resented by
the Filipino nationalist of the 19t century. The Propaganda Movement took cudgel for
the restoration of Philippine representation in the Spanish Parliament as one of its
objectives. Aside from the famous Leyes de Indias and Royal Decrees, Zaide (1999) and
Rodriguez (1999) identified some of the laws, which were implemented in the
Philippines during its colonization, these were:

1. Siete Partidas (1348) – a compilation of Spanish laws

2. Leyes de Toro (1502) – a set of laws pertaining to inheritance
3. Novisima Recopilacion (1802) – a new compilation of laws
4. Spanish Penal Code (1886)
5. Code of Civil Procedure (1888)
6. Code of Commerce (1888)
7. Mortgage Law (1889)
8. Civil Code (1889)

Along the way of the Spanish colonization, there arose movements the Filipinos
leaders had established. These were the vehicles they used to fight for the freedom and
rights of our countrymen who were persecuted by the Spanish tyrants. These
movements, which had their own structure for governance, were the underground
organization of KKK (July 6, 1892 – March 22, 1897), Magdalo government (March
22,1897 – November 1, 1897), Biak-na-Bato Republic (November 1, 1897 – May 23, 1898),
Dictatorial government (May 23, 1898 – June 23, 1898), Revolutionary government (June
23, 1898 – January 21, 1899), and Constitutional government (January 21, 1899 – March
23, 1901).

Katipunan or KKK (July 6, 1892 – March 22, 1897)

During the Spanish colonization, the Filipinos had established organizations or
movements as a façade to fight the Spaniards. These organizations became the catalyst
or revolutionary struggles against the nincom-poops Spanish administrators. Worthy of
mention was the Filipinization Movement led by the GOMBURZA (Mariano Gomez,
Jose Burgos and Jacinto Zamora), the Propaganda Movement led by the triumvirate of
Jose Rizal, Marcelo H. del Pilar, and Graciano Lopez Jaena, and the La Liga Filipina, a
civic society founded by Jose Rizal presided over by Ambrosio Salvador and Deodato
Arellano.

After the failure of these movements to reform the society, the well-meaning
leaders of the Philippines established the underground organization known as the
Kataastaasan, Kagalanggalangang Katipunan ng mga Anak ng Bayan (KKK) or
Katipunan.

This organization was established on July 7, 1892 by the revolutionary group of

Deodato Arellano, Roman Basa, and Andres Bonifacio all of whom were members of
the La Liga Filipina and Masonry. These three patriots were the Supremos of the KKK
before the launching of the Philippine Revolution on August 23, 1896 or August 26,
1896 as the case may be.

The Katipunan’s initiation rites and structures were allegedly copied from the La
Liga Filipina and Masonry. The objectives of the KKK are threefold: (1) political, (2)
civic, (3) moral. The structure of the secret society involves the three principal councils
known as supreme council, provincial council, and popular council. The presidents of
the provincial and popular councils make up the supreme council. The supreme council
was composed of the supremo, intervenor or comptroller, fiscal, secretary, and
treasurer.

Later in 1893, in addition to the five positions, they also elected councilors. And
in 1895, the position of physician was filled up. In August of 1896, KKK elected the last
set of officers with Andres Bonifacio still supremo but other positions other were
changed to Secretaries of State, war, justice, interior, and finance. It was becoming
apparent that the Katipunan has become a symbol of an organized government of the
Filipino nationalist. The citizenship of the Katipunan government was divided into
three, these were:

1. First Grade or Katipon– It has password of Anak ng Bayan (Z.L1.B), they are
new members of the secret society.

2. Second Grade or Kawal– Its password is GOMBURZA, a member will

graduate from the Katipon if he can recruit new members for the
organization.

3. Third Grade or Bayani – Its password is Rizal. A member would become a

Bayani if he would be elected as an officer of the organization.

The Magdalo Government of Aguinaldo

(March 22, 1897 – November 1, 1897)

The provincial councils of Cavite had a standing conflict pertaining to the state of
the KKK as an underground society. The magdiwang and Magdalo Councils decided to
meet at the Tejeros Convention on March 22, 1897. The question to be resolved was
“whether a new government should be established to take the place of the Katipunan.”
The two factions at odds were led by Baldomero Aguinaldo for the Magdalo and
Mariano Alvarez for the Magdiwang.

It was on this date when Andres Bonifacio met the biggest challenge of his
leadership. It was on this same date that he was eventually deposed as supremo of the
KKK. His stunning defeat at the hands of the Magdalo caused the dissolution of the
underground government of the Filipinos – the launcher of the Philippine Revolution of
1896.

The KKK was supplanted by the Magdalo Government with Emilio Aguinaldo, a
former gobernadorcillo or Captain of El Viejo Cavite, as the new leader. He was elected
in absentia as President of the Philippine Republic (Agoncillo, 1990). The officers of the
new government were:

1. Emilio Aguinaldo – President

2. Mariano Trias – Vice President
3. Artemio Ricarte – Captain General
4. Emiliano Riego de Dios – Director of War
5. Andres Bonifacio – Director of Interior

The Biak-na-Bato Republic of Aguinaldo

On July 7, 1897, Emilio Aguinaldo arrived in Barrio Biak-na-Bato, San Miguel,

Bulacan. It was in this historic place that the revolutionary leaders drafted the
Constitution of the government. Towards the end of October 1897, Aguinaldo called on
the revolutionary generals and leaders, acting as a Constitutional Assembly, deliberated
on the proposed constitution written by Isabelo Artacho and Felix Ferrer.
On November 1, 1897, this proposed law was adopted and was christened as the
Biak-na-Bato Constitution named after the Barrio of Biak-na-Bato in San Miguel,
Bulacan. This Constitution was copied from the Cuban 1895 Himaguayu Constitution
(Zaide and Zaide, 1897). This Constitution vested the government in a Supreme Council
composed of the president, vice president, and four secretaries (interior, foreign affairs,
treasury, and war). This council has the power to give orders, with the force of law,
impose and levy taxes, and supervise and direct military operations. The judicial power
is in the hand of the Supreme Council of Grace and Justice.

The Biak-na-Bato Republic in Exile

(December 27, 1897 – May 19, 1898)

Aguinaldo’s Biak-na-Bato Republic went into exile in Hong Kong on December

27,1897 following the signing of the Truce of Biak-na-Bato on December 14 – 15, 1897 by
Spain and the Republic. The Biak-na-Bato Republic ended its exile when Aguinaldo
returned to the Philippines on May 19, 1898.

The Dictatorial Government of Aguinaldo

(May 24, 1898 – June 23, 1898)

When Aguinaldo returned to the Philippines on May 19, 1898, he had in his
possession a Constitution written by Mariano Ponce. His adviser Ambrocio Rianzares
Bautista convinced him to establish a dictatorial government as dictated by the political
condition at the time. A dictatorship was necessary to address the war and to prosecute
war criminals. The most notable achievement of this government was the declaration of
Philippine Independence on June 12, 1898 in El Viejo (Kawit), Cavite.

The Philippine Independence Act was written and read by Aguinaldo’s adviser,
Ambrocio Rianzares Bautista. It was signed by 98 persons including an American
Colonel of Artillery, L. M. Johnson. Today, this declaration of Philippine Independence
is now depicted in the currency of the Philippines.

The Revolutionary Government of Aguinaldo

(June 23, 1898 – January 21, 1899)

The dictatorship of Aguinaldo ended on June 23, 1898. Likewise, he had a brand-
new adviser in Apolinario Mabini. This man was known as the “Sublime Paralytic,”
“Brains of the Revolution,” and to his enemies he was known as the “Dark Chamber of
Aguinaldo.”

Apolinario Mabini, as factotum of Aguinaldo, advised the Generalissimo to

change his government to revolutionary and rallied the people to be more vigilant
against Spanish tyranny. Thus, the period from June 23, 1898 – January 21, 1899, when
Aguinaldo promulgated the Malolos Constitution, was known as the revolutionary
government. The following were the achievements of this government:

1. Organization of the first cabinet of Aguinaldo on July 15, 1898.

2. Compliance with the mandate of the decrees of June 18 and 23, 1898 on the
election and appointment of Members of the Malone Congress.

3. Convening of the Revolutionary Malolos Congress and its subsequent

transformation as a constituent body to draft a new Constitution for the
Philippines.

4. Adoption of the 1899 Constitution or Malolos Constitution.

The Malolos Congress was headed by Pedro Paterno as President, Benito

Legarda as Vice President, Gregorio Araneta and Pablo Ocampo as First and Second
Secretaries, respectively. The two most significant acts of the Malolos Congress were the
ratification of the declaration of Philippine Independence and the adoption of the
Malolos Constitution.

The Malolos Constitution was written by Felipe Calderon taking inspiration from
the constitutions of the seven countries re: France, Belgium, Mexico, Costa Rica,
Guatemala, Nicaragua, and Brazil. Felipe Calderon submitted this working Constitution
for the consideration of the Committee of 19, which he chaired and was eventually
adopted as the 1899 Constitution or Malolos Constitution.

The Constitutional Government of Aguinaldo

(January 21, 1899 – March 22, 1901)

Upon the promulgation of the Malolos Constitution, Aguinaldo again

reorganized his cabinet with Apolinario Mabini as cabinet president and concurrent
secretary of the Foreign Affairs. Under the Constitution, the First Republic was created.
The 1899 Constitution established the three branches of the government namely: the
legislative, the executive, and the judiciary. As found under the Title II, Article 14, the
government was described as thus:
 The government of the Republic is popular, representative, alternative, and
responsible, and shall exercise three distinct powers namely: the legislative, the
executive, and the judicial.

Any two or more of these powers shall never be united in one person or
corporation, nor the legislative power vested in one single individual.

The Malolos Constitution was consisted of fourteen (14) titles with 101 Articles
plus two or more provisions on Transitory and Additional Article. It was adopted by
the Convention on January 20, 1899 and promulgated on January 21, 1899 by the
President of the First Republic, Emilio Famy Aguinaldo. The Constitution provides for a
parliamentary system of government. The President was not elected directly by the
people but by the Assembly of Representatives and special representatives for a term of
four (4) years.

The Legislative Power

The Constitution provides for a unicameral Congress, which was known as the
Assembly of Representatives. The Assembly shall represent the whole nation and not
exclusively the electors who elected them. The fundamental law also made the
Assembly of Representatives more powerful than the two branches with the creation of
a Permanent Commission under Title VI, Article 54, hereunder is quoted:
The Assembly of Representatives, before adjournment, shall elect seven (7) of its
members to form the Permanent Commission during the period of adjournment, which
shall designate at its first session, the president and the secretary.

The Executive Power

On the other hand, the executive power was vested on the President of the
Republic who shall exercise it through its department secretary [Title VII, Article 56].
The President shall be elected by absolute majority of votes by the Assembly and by the
special representatives, convened in chamber assembles [Title VII, Article 58].
The President exercised executive power through his cabinet members who were
individually and collectively responsible to the Assembly. The cabinet members were
given seats in the Assembly and were allowed to participate in debates therein
(Fernandez, et al., 19740).

The Judicial Power

 The third branch of the government, i.e. the judiciary, was vested in one
Supreme Court and in other courts established by law [Title X, Article 79]. The Chief
Justice of the Supreme Court and the Solicitor General shall be chosen by the National
Assembly in concurrence with the President of the Republic and secretaries of the
government and shall be absolutely independent of the legislative and executive
powers [Title X, Article 80].

GOVERNMENTS DURING THE AMERICAN AND JAPANESE

OCCUPATIONS

The inception of the US presence in Philippine soil was felt when Commodore
George Dewey engaged Patricio Montojo’s flotilla in a one-sided battle at Manila Bay on
May 1, 1898. As Zaide (1999) puts it “Dewey’s victory marks the end of Spain as a world
power heralded the rise of America as a global power.” Though the US refused to admit
that it planned to colonize the Philippines after Spain’s departure, but her actions spoke
louder than words. Its official colonization of the Philippines came after it in concluded
the Treaty of Paris on December 10, 1898. This treaty was a treaty of subjugation.

US MILITARY GOVERNMENT
The US Military Government (August 14, 1898 – July 4, 1901)
 Following the capture of Manila in the famous Mock Battle of Manila Bay on
August 14, 1898, the United States established her military government with Gen.
Wesley Merritt as the first governor. The military governor has the imprimatur of the
US President as commander-in-chief of the armed forces.

Gen. Merritt had later succeeded by Gen. Elwell Otis (1898 – 1900) and Gen. Arthur
MacArthur (1900 – 1901) as the military governors. Zaide (1999) listed the achievements
of this government as follows:

1. It laid down the foundation of the US civil government.

2. It introduced the American system of education with the US soldiers as first
teachers.
3. It organized the civil courts including the Supreme Court, with the learned
Cayetano Arellano as first Chief Justice.
4. It established the local government in towns and provinces.
5. It concluded, through Gen. Henry W. Lawton, the first local election on May 7,
1899.

While the military government was in operation, President William McKinley

created the First Philippine Commission on Jan. 20, 1899. This was also known as the
Schurman Commission with the objective to survey the Philippine condition at the
time.

This Commission recommended the following:

1. The establishment of a territorial government with a legislature of two houses

(half elective and another half appointive)
2. The withdrawal of military rule in the pacified areas
3. The conservation of natural resources for the Filipinos
4. The organization of autonomous local government
5. The opening of free elementary schools
6. The appointment of men of high ability and good character to important
government offices (Zaide,1999)

To prepare the country for the establishment of a civil government, Pres. McKinley
created the Second Philippine Commission on March 16. 1900.

This Commission was the first to exercise legislative functions on September 1, 1900.
The first that was enacted by the Commission was as Act appropriating ₱2 million for
the repair of roads and bridges. It ended 499 laws from September 1, 1900 to August
1902.

US CIVIL GOVERNMENT
The Spooner Amendment of 1901 and the US Civil Government
(July 4, 1901 – November 15, 1935)
 On March 2, 1901, Sen. John C. Spooner introduced an Amendment to the Army
Appropriation Act, which transferred the authority to govern the Philippines from the
US President to Congress. This is the first organic act for the governance in the
Philippines. Thus, on July 4, 1901, it inaugurated the American Civil Government in the
Philippines with William H. Taft as the first Civil Governor.

Subsequently, on October 29, 1901 the position for vice governor was created and
eventually on February 6, 1903, the US Congress changed the title of civil governor to
governor general. The civil government lasted up to 1934. After the organization of the
civil government, the US congress passed a law, which governed the Philippines. This
was known as the Copper Act or Philippine bill of 1902, the second organic law of the
Philippines. The pertinent provisions of the law are:

1. Extension of the Bill of Rights

2. Appointment of two Filipino resident Commissioners to Washington
3. Establishment of an elective Philippines Assembly
4. Retention of the Philippine Commission as the upper house and the
Philippine Assembly as the lower house (Arguego 1974 and Zaide, 1999)

The Philippine Assembly was inaugurated on October 16, 1907 following the election
of its members on July 30, 1907. Sergio Osmeña (29 years old), the governor of Cebu,
became the first speaker. The speaker was considered as the second highest official next
to the governor general.

Jones Law of 1916

It was on August 29, 1916 when the Philippine Autonomy Act was enacted. This
was otherwise known as the Jones Law of 1916, the third organic act of the Philippines.
This law gives the Filipinos political self-government. Under the Jones Law, the
legislative function was transferred to bicameral Philippine Legislature consisting of an
upper house known as the Senate (24 members) and a lower house called the House of
Representative (93 members). The members of the Senate were elected for six years and
the members of the House of Representative for three years. The first Senate President
was Manuel Quezon whereas the first Speaker of the House of Representative was
Sergio Osmeña.

The Filipino self-governance was still under the supervision of the governor
general, which exercised executive power in the Philippines. The judicial power was
vested in the Supreme Court and other lower courts. The Chief Justice (Filipino) and the
Associate Justices (Fil-Am) were appointed by the President of the US with the
concurrence of the US Senate.
 The OSROX Mission or the 6th Independence Mission (1932)

As soon as the Philippine autonomy was granted to the Philippines in 1916, the
Philippine legislature created the Parliamentary Missions for the Philippine
Independence. These missions have the specific task of working for Philippine
Independence in the US Congress. The most successful was the 6 th independence
mission more popularly known as the OSROX Mission of 1932 led by Sergio Osmeña.
Senate President Pro-tempore, and Manuel Roxas, Speaker of the House of
Representatives. The mission brought home the Hare-Hawes-Cutting Act, which would
grant the Philippine Independence after a 10-year transition period. But the Philippine
Legislature rejected the Act on October 17, 1933.

The Tydings-McDuffie Law (1934)

Following the rejection of the Hare-Hawes-Cutting Act by the Philippine

legislature, Manuel L. Quezon left for the US in the later part of 1933 to lobby again for
the passage of a new independence law. On March 24, 1934, the US Congress passed the
Tydings-McDuffie Law. Without further ado, so to speak, the Philippine Legislature
adopted it and submitted to the people for ratification on June 5, 1934. Following its
ratification, it paved the way for the election of delegates to the 1934 Constitutional
Convention.

On July 10, 1934, the Filipino people had a date with history by electing 202
delegates to the Constitutional Convention of 1934. This body was tasked to draft the
Constitution that would govern the Philippines as a preparation for the restoration of
Philippines Independence after an effective 10-year transition government from
November 15, 1935 to July 4, 1946. This government was known as the Philippine
Commonwealth.

The 1934 Constitutional Convention

 On July 30, 1934 the Constitutional Convention convened at the session hall of
the House of Representatives in Manila with Jose P. Laurel as the temporary chairman.

Due to its large membership, the Convention decided to create a subcommittee

composed of seven members to draft a working Constitution for the consideration of
the Convention. This group of eminent mes has later christened by the press as the
“Seven Wise Men” (Zaide, 1974), composed of:

1. Filemon Sotto – Chair

2. Manuel Roxas
3. Noberto Romualdez
4. Manuel Briones
5. Miguel Cuaderno
6. Vicente Singson Enarnacion
7. Jose P. Laruel (Conrado Benitez)

On February 8, 1935 the Convention approved the Constitution with a wide vote
of 177 – 1. This was submitted to the US President for approval. On March 23, 1935
President Franklin Delano Roosevelt affixed his imprimatur that led to its ratification on
May 14, 1935.

The Commonwealth Government

(November 15, 1935 – July 4, 1946)

The 1935 Constitution provided for a republican State. It followed the American
presidential system with three independent co-equal departments – the legislative, the
executive, and the judiciary. The election of the first set officers of the Commonwealth
was held September 17, 1935 with Manuel Quezon and Sergio Osmeña elected as
President and Vice President, respectively. The United States was represented in the
Commonwealth through the High Commissioner formerly known as the Governor
General.

The Legislative Department

The 1935 Constitution provided for a unicameral legislature known as the

National Assembly with the speaker as the preceding officer. In 1940, the Constitution
was amended changing the structure of the legislative department to bicameral
composed of the National Assembly as the House of Representative or lower house and
the Senate as the upper house (Arguego, et al., 1974).
 The Executive Department

The executive power was vested in the hands of the President. Under the
Constitution, the President was elected for a single term of six years with no rejection.
On May 8, 1940, the term of the President was shortened to four (4) years but the
president could run for election.

The Judicial Department

The judicial body was entrusted in one Supreme Court headed by a Chief Justice
and in such inferior courts as might be established by law. The judiciary’s independence
was assured so that it could do justice to every man. The Commonwealth of the
Philippines lasted up to July 4, 1946, the date, which was set aside for the restoration of
the Philippine Independence after a 10-year transition period.

The Commonwealth in Exile

(December 24, 1941 – October 23, 1944)

On December 7, 1941, the United Stated was attacked by Japan through its
eastern territory – the Pearl Harbor in Hawaii. This attack has described by President
Franklin Delano Roosevelt (King McRae, and Zola, 1994; Murin, 2002) in his speech
before the US Congress in this wise:

Yesterday, December 7, 1941 – a date, which will live in infamy – the United
States of America was suddenly and deliberately attacked by naval and air forces of the
Empire of Japan. We are now in this war. We are all in it all the way. Every single man,
woman, and child is a partner.

The Philippines, due to the presence of the US bases, became the target of
destruction by Japan. Following the attack against the US, the Japanese Imperial Army
landed in the Northern Philippines (Vigan and Apparri) on December 10, 1941. With
this development, Gen. Douglas MacArthur advised President Manuel Quezon to leave
Manila for Corregidor because America was not in a position to defend the Philippines.
In short, the US was not ready to defend her longtime and loyal ally. The
Commonwealth of the Philippines would now be shared with an aggressor, which was
very uncommon because the Filipinos did not have any enemies at all. This is again a
bitter pill to swallow.

President Quezon’s leaving for the “The Rock” or Corregidor was tantamount to
exiling the Commonwealth government. In due time, on December 24, 1941, Quezon
and his wartime Cabinet left for Corregidor. This was the start of a painful journey to
exile for almost three years while others were left behind to look after the welfare and
safety of the Filipino people. Shortly before leaving for Australia on February 18, 1942
by submarine Swordfish, Quezon and Osmeña were sworn in by Chief Justice Jose
Abad Santos on December 30, 1941, outside the Corregidor tunnel.

While on exile in America, the US Congress promulgated Joint Resolution No.

95. This resolution extended Quezon’s term until the restoration of democratic
condition and processes in the Philippines. This was understandable due to the
exigencies of the war in the Pacific. Quezon continued his term of office until his death
on August 1, 1944 at Saranac Lake Sanitarium (Zaide 1999). Osmeña succeeded as
second President of the Commonwealth-in-exile. On February 27, 1945, the resolution of
the Commonwealth Government was held at Malacañang Palace, Manila.

JAPANESE MILITARY GOVERNMENT

Japan’s Military Government (January 3, 1942 – January 23, 1942)

When Japan conquered Manila on January 2, 1942, on the next day it constituted
its Military Administration headed by a director general. Lt. Gen. Masaharu Homma,
Commander-in-Chief of the Japanese Imperial Forces, was instrumental in the
establishment of this administration. In addressing the Filipinos, he said:

The avowed purpose of the Japanese expedition was to emancipate you from the
oppressive domination of the USA, letting you establish the ‘Philippines for the
Filipinos’ as a member of the Co-prosperity Sphere in the Greatest East Asia and
making you enjoy your own prosperity and culture (Agoncillo ,1990).

PHILIPPINE EXECUTIVE COMMISION

The Philippine Executive Commission (January 23,1942)

This was the first Japanese reorganization of the government which renamed the
national government as Central Administrative Organization composed of six executive
departments headed by a commissioner. This Commission was actually a civil
government established by the Japanese military forces, hence a de facto government
(Martin,1995). Relative to the establishment of the commission, an advisory body was
also created – the Philippine Council of State.

To win over the Filipinos, the Japanese resorted to extensive propaganda

through leaflets and attractive posters with the following catchy slogans such as “Asia
for the Asiatic,” “Philippines for Filipinos” and “Asia are one.” The chief organ of the
Japanese propaganda was the KALIBAPI, which created by the Executive Commission
on December 4, 1942. The KALIBAPI was reorganized into a People’s Party and it
became the only political party during the Japanese occupation. KALIBAPI stands
Kapisanan sa Paglilingkod sa Panibagong Pilipinas; its officers (Zaide, 1999 and Sauco,
2006) were: (1) Jorge B. Vargas – President and (2) Benigno S. Aquino, Sr. – Vice
President and Director General.

SECOND REPUBLIC
The Second Republic (October 14, 1943 – August 17, 1945)

The Second Republic was inaugurated on October 14, 1943, following the
Adoption of its Constitution. The 1943 Constitution was adopted by the Preparatory
Commission for Philippine Independence (PCPI) led by Dr. Jose P. Laurel as President,
Ramon Avancena as First Vice President, and Benigno S. Aquino, Sr. as Second Vice
President. The members of the PCPI were under compulsion to finish the Constitution
though they may not like their labor. As an eminent scholar of history said:

Dr. Laurel and the members of the PCPI themselves did not like their work. They
tried their best to delay it. The Japanese military authorities were chagrined by their
lukewarm attitude, for they were under strict orders from Tokyo to rush the
preparation of the Constitution.

The proposed Constitution has ratified by 117 KALIBAPI delegates in a popular

assembly on September 7, 1943. The Constitution was composed of twelve (12) Articles.
It has a Preamble and created the three branches of the government. The legislative
department was unicameral, which was known as the National Assembly, which
elected Dr. Jose P. Laurel as President and Benigno Aquino, Sr. as Speaker. The Second
Republic supplanted the Philippine Executive Commission.

The Executive
 The executive power was vested on the President of the Republic. The President
was elected for a single term of six (6) years. The President was made powerful than the
two other branches as it was dictated that time. The balance of power of the three
branches cannot be attained due to abnormal political condition. The President had
absolute powers in appointing the officers of the government from ministers,
ambassadors, governors, mayors to other officials including half of the members of the
National Assembly.

The Legislature
The members of the National Assembly were former members of the Philippine
Legislature. Others were appointed by the President. The head of the Assembly was
called Speaker. He had elected by his peers together with the President of the Republic
on September 25, 1943.

The Judiciary
Justice system was still with the judicial branch. But the present condition
repudiated its existence since the thrust of governance was for a strong executive
leadership.

Dr. Laurel’s government created the following agencies to help him discharge
the functions of the executive:

1. Vice Minister was constituted as Special Council to liaison between the

ministers requiring technical functions

2. Council of State and Executive Commission as advisory body

3. National Planning Board as an economic advisory body

4. National Education Board in which to assist the President in crafting

education policies

5. Civilian Protection Administration – to provide economic and physical

protection to the civilian population

6. Bureau of Constabulary for peace and order (Jose, 1999)

The Second Republic was dissolved on August 17, 1945 after the surrender of
Japan to America on August 15, 1945. The white flag was raised after the US denoted
the atomic bombs in the cities of Hiroshima and Nagasaki on August 6 and 9,
respectively. The “fat boy” killed about 80,000 people while the “little boy”
exterminated about 42,000 people. The destruction was swift that it brought Japan
down to her knees after the annihilation in the two cities. This was V-J Day (Victory in
Japan Day). The formal surrender was held on September 2, 1945 on board the USS
Missouri at Tokyo Bay, with General Douglas MacArthur presiding over the
magnificent victory of the leader of the Allied Forces.

Last Commonwealth Election on the Eve of the Restoration of

Philippine Independence (April 23, 1946)

Sergio Osmeña’s reign as second President of the Commonwealth was coming to

an end. The last election under the Commonwealth Government was to be held on
April 23, 1946. On June 9, 1945, the First Congress of the Philippines convened for the
first time since they were elected on November 11, 1941. Senator Manuel Roxas was
chosen as President (primus inter pares or first among equals) and Elpidio Quirino was
chosen President Pro-tempore. On the other hand, the House Representative has chosen
Jose C. Zulueta and Prospero Sanidad as Speaker and Speaker Pro-tempore,
respectively.

As set, the national election of 1946 produced a brand-new President and Vice President
though new but political tested combatants. These two fortunate men, Roxas and
Quirino, would have a great responsibility ahead of them to deliver the Filipinos to
economic prosperity. These two men would also have to repair the Philippines from the
ravages of war and make her political destiny as a free nation, reality without vestiges
of instability.
 THIRD REPUBLIC OF THE PHILIPPINES
The restoration of the Independence of the Philippines on July 4, 1946 was a
victory for the Filipinos. Although America was still around supervising the security of
her ally through the military bases in Subic, Zambales and Clark, Pampanga,
Philippines but it was victory in itself for it would give the Filipinos, at least, the free
hand to reorganize their country and government. The restoration of independence was
actually the restoration of the right to self-determination, hence the establishment of a
Republic. The essence of the same is the right to freely elect the citizen’s representatives.
The six presidents that led the Third Republic for 26 years (1946 – 1972) were:

1. Manuel A. Roxas (May 28, 1946 –July 4, 1946, last President of the
Commonwealth and July 4, 1946 – April15, 1948, first President of the Third
Republic)

2. Elpidio Quirino (April 17, 1948 – December 30, 1953)

3. Ramon Magsaysay (December 30, 1953 – March 17, 1957)

4. Carlos P. Garcia (March 17, 1957 – December 30, 1961)

5. Diosdado Macapagal (December 30, 1961 – December 30, 1965)

6. Ferdinand E. Marcos (December 30, 1965 – February 25, 1986)

These presidents had distinguished themselves in governing the Philippines.

Only history can tell whether or not they serve their people with utmost best. Let their
own people judge them of what they have done to this country. Or better still, let the
teachings of Confucius, the One-Man University of China, be the barometer of their
governance. He said thus “A good leader is one who considers his own citizens as his
own children.” If a leader fails to abide by this advice of a great man, then the leader is
not a good father of a good family. The Constitution which governed the operation of
the Third Republic was the 1935 Constitution. This Constitution provided the same
form of government under the Commonwealth. The Third Republic would distinguish
itself through the administrations of the six Presidents of this area.

Sergio Osmeña, Sr.’s Presidency (August 1, 1944 – May 28, 1946)

As a prelude to the Third Republic, it is necessary to recount the experience of
Osmeña as the sandwich President of the Commonwealth Government. Sergio
Osmeña’s presidency was marred by nerve-wrecking problems. It was an
administration whose main problem was reconstruction due to the fact that the
Philippines had just come from the ashes of war. Osmeña has considered by many as
the most dignified, the most honest, and the most patriotic President the Philippines
had ever produced.

In the 1946 presidential election, he was not interested in running for reelection
because he was too old, too tired, physically and psychologically. But because of his
adherence to a working democracy he was forced by his party-mates to be the standard
bearer and the Nacionalista Party if only has a credible election in the country during
that time. As Manuel F. Martinez (2004) said:

They were asking him in fact, to be the sacrificial lamb to preserve the semblance
of a working party democracy. Indeed, he ran, but did not campaign. He delivered only
one speech, remarkable for its lack of energy and demon – while the whole country was
mesmerized by the spellbinding oratory of the fiery, determined, slam-bang Roxas. And
yet Don Sergio lost by only 200,000 votes. He then completely retired from politics –
completely, and died with great dignity.

The bills of problems of Osmeña’s president\cy include the following:

1. Reestablishment of the social and political system of the Philippines

 2. Rehabilitation and reconstruction of damages the Philippines had suffered
during the Japanese occupation

3. Collaboration issue of the Philippine leaders during the Japanese occupation

(People’s Court and the Office of the Special Prosecutor)

4. Political rebellion within his own Nacionalista Party led by Roxas

5. American dictation of his government policy through dollar diplomacy

6. Peace and order (controlling the HUKBALAHAP and accounting for loose
firearms after the liberation of the Philippines)

MANUEL ROXAS
Manuel Acuña Roxas and His Administration
(May 28, 1946 – April 17, 1948)
Manuel Roxas came to power by establishing his own political party, a party,
which was responsible in launching his presidential ambition in 1946. He and his
friends left the Nacionalista Party to form their own political party – the Liberal Party.
Roxas’ platforms of governance were the following:

1. Economic rehabilitation (burned cities and towns, ruined farms and

factories, blasted roads and bridges, and shattered industries and commerce)

2. Cultural rehabilitation (education, artwork, historical relic, churches, and

laboratories)

3. Financial poverty of the government (resort to borrowing)

4. Maintenance of peace and order

5. Granting of amnesty to all alleged collaborators during the Japanese

occupation

6. Parity rights provided for under the Bell Trade Act of 1948
 ELPIDIO QUIRINO
Elpidio Rivera Quirino’s Term
(April 17, 1948 – December 30, 1953)

Elpidio Quirino’s chance to serve the Philippines came suddenly when Roxas
suffered a heart attack on April 16, 1948. He inherited the problems of the government
from Roxas. Upon assuming the presidency, he announced the two main targets of his
administration as economic reconstruction of the nation and restoration of the faith and
confidence of the people in the government.

Following the adoption of these programs he buckled down to work and created
the following:

1. PACSA (President’s Action Committee on Social Amelioration) – this is to

address the sufferings of the indigent families.

2. LMAB (Labor-Management Advisory Board) – this is to advise him on labor

matters

3. ACCFA (Agricultural Credit Cooperative Financing Administration) – to

help farmers market their products and save them from loan sharks (Zaide,
1999)

4. Central Bank of the Philippines – to stabilize the Philippine peso

5. Magna Carta of labor and the minimum wage law

6. Government reorganization to achieve efficiency in the bureaucracy and to

preserve national integrity
 7. Economic Mobilization program – to industrialize the Philippines (PHA,
1999)

8. Creation of employment for thousands of idle laborers

9. Vigorous enforcement of tax laws

10. Amity with all countries of the world (Agoncillo, 1990)

RAMON MAGSAYSAY
Ramon Del Fiero Magsaysay’s Administration
(December 30, 1953 – March 17, 1957)

He was fondly referred to as the idol of the masses. Writers, supporters, and his
contemporaries called him as “Man of the Masses”. As Defense Secretary to Quirino, he
ventured into his moniker by living in the countryside rather than sulking in the
confines of his air-conditioned office. He went to the barrios fraternizing with the
common people, kissed the children and old women, mingled and ate with the farmers
as a gesture of appreciation, and visited the soldiers who were busy fighting the HUKS.
This strategy won for him the diadem of presidency under the Nacionalista Party on
November 10, 1953. When he got elected, Magsaysay addressed the lacking “freedom
and progress of the barrios” by adopting these programs of government:

1. Improvement of land tenure system

2. Easy-term credits for the farmers, constructing roads and other needed
facilities, and giving technical support to the farmers

3. Intensive community development with the self-help as the key factor

During his term he was responsible for the passage of these policies and organizations:

1. Agricultural Tenancy Act of 1954 (requiring 70 – 30 sharing of produce)

2. PACD (Presidential Assistance on Community Development)

3. Agricultural Tenancy Commission and Court of Agrarian Relations

4. NARRA (National Resettlement and Rehabilitation Administration of 1955)

 5. FACOMAS (Farmer’s Cooperative and Marketing Associations)

6. SEATO (Southeast Asia Treaty Organization) composed of Australia, France,

Great Britain, New Zealand, Philippines, Thailand, and the United States

7. Laurel-Langley Agreement of December 15, 1954

8. Reparation Agreement with Japan on May 9, 1956

9. San Francisco Treaty on July 16, 1956 ending the war with Japan

CARLOS GARCIA
Carlos Polistico Garcia’s Presidency
(March 18, 1957 – December 30, 1961)

Eight months before the election in 1957, Ramon Magsaysay met an accident
when his plane, Mt. Pinatubo, crashed at the hilly part of Mt. Manunggal, Cebu. All the
passengers except one journalist, Nestor Mata, died on March 17, 1957 (PHA, 1999). The
following day Garcia was sworn into office to continue the unexpired term of
Magsaysay. On November 12, 1957, he ran for President and won over a field of five
aspirants. His Vice President, Speaker Jose B. Laurel, Jr., lost to Congressman Diosdado
Macapagal – a Liberal Party man. It marked the first time that a President and a Vice
President were of the opposing political parties. He was inaugurated as the fourth
President of the Third Republic on December 30, 1957. As a person, he had described by
Zaide (1999) as “a brilliant poet-politician from Bohol of amiable personality with high
intellect and sonorous eloquence, a lover of democracy, a chess player, friendly, and
never vindictive to his enemies”.

His presidential programs were anchored on (1) policy of austerity and (2)
against unbridled economic enterprise because it will lead to the preservation of alien
domination of the national economy (Martinez, 2004).

In adopting these twin presidential programs, Garcia wanted to:

1. Complete Philippine economic independence

2. Establish Filipino dignity with foreign powers through sovereign equality

3. Achieve balanced economy through agriculture and industry

4. Promote social justice

 5. Minimize /eradicate graft and corruption (Agoncillo, 1990)

Among his achievements were:

1. Strengthened democracy in the Philippines (respected human rights and

maintained free elections)

2. Revival of Filipino culture (Bayanihan Dance Troupes) – to popularize

Philippine native dances and costumes here and abroad

3. Promulgated the Filipino First Policy

4. Creation of Dr. Jose Rizal Centennial Commission (Zaide, 1999; PHA, 1999)

DIOSDADO MACAPAGAL
Diosdado Pangan Macapagal’s Administration
(December 30, 1961 – December 30, 1965)

Vice President Diosdado Macapagal succeeded the “Filipino First” President,

Carlos P. Garcia, after topping the presidential race on November 14, 1961. His
presidential slogan was “New Era” of peace and prosperity. If Garcia had an austerity
program and Filipino First, the Filipinos perceived that Macapagal had extravagant
program and Pampanga Elite First policy.

Writers and political leaders believed that Macapagal was the most academically
prepared President of all the time. He had in his possession two doctorates in Law and
Economics aside from being a bar topnotcher. He identified himself as the “poor boy
from Lubao”. Among his notable achievement \s was:

1. Enactment of the Agricultural Land Reform Code on August 8, 1963

2. Propagation of Filipino language to be used in official documents

3. Establishments of the Asian Development Bank

4. NACIDA (National Cottage Industry Development Administration)

5. Correction of Philippine Independence from July 4 to June 12 promulgated

under RA 4166

6. Official filing of Philippine claim to Sabah on June 22, 1962

7. Formation of MAPHILINDO on August 5, 1963

 FERDINAND MARCOS
Ferdinand Edralin Marcos’ Government
(December 30, 1965 – February 25, 1986)

Ferdinand Marcos was a Liberal Party-mate of Macapagal Senate President,

Ferdinand Marcos, jumped to the boat of Nacionalista because Macapagal reneged on
his promise not to run for reelection and that he would help Marcos in his political
ambition. On November 9, 1965, the Liberals and former Liberals squared off in the
presidential derby. Marcos was running under the banner of Nacionalista Party, wowed
the electorates with his political battle cry “This nation can be great again.” He became
the 6th and last President of the Third Republic. December 30, 1965 was the start of his
long journey to the summit of his political power. His presidential slogans varied from
“Bagong Lipunan” to “Sa Ikauunlad ng Bayan, Disiplina ang Kailangan” to “Isang
Bansa, Isang Diwa.” All these were geared towards his political battle cry in 1965 that
“This Nation Can Be Great Again!”

Marcos served as President of the democratic government from December

30,1965 to September 21, 1972, when he proclaimed martial law. From the declaration of
martial law to February 25, 1986, he served as dictator or authoritarian President of a
military captive government for more than 13 years. He was the only President of the
Third Republic to be reelected among the 14 presidents of the Philippines since 1898.

During his first term, he was remembered on two front programs: (1)
infrastructure construction and (2) self-sufficiency in rice production. In his second
term, he was faced with so many critical problems, these were:

1. Economic and devaluation

2. Revival of CPP-NPA

3. Radical and militant labor and student movement

4. Labor unrest (Abueva, 1998)

Much has been said about the Marcos’ presidency. Political literatures, laws, as well as
jurisprudence delved much into Marcos’ administration and legacy. Marcos had the
following niche in Philippine governance:

1. Stabilization of government finance

2. Greater rice production under his Masagana 99 classic

3. Building of more roads, bridges, schoolhouse, and the Philippine National

Railway

4. Intensive campaign against the underground movement (CPP-NPA)

5. Holding of the Manila Summit Conference on October 24 -25, 1966,

participated in by Australia, South Korea, New Zealand, South Vietnam,
Thailand, and the US

6. Hosting the visit of Pope Paul VI in 1970

7. Convening of the 1971 Constitutional Convention

8. Establishment of the New Society under martial law

9. Adoption of the 1973 Constitution

10. Granting of autonomy to Moro lands (13 provinces)

11. Construction of the first LRT superstructure

In all the administrations of the six presidents of the Republic, one commonality
of them was the prevalence of graft and corruption. The legacy of Manuel Roxas was
Proclamation No. 51, granting of amnesty to the political and economic collaborators
during the Japanese occupation. The presidency of Elpidio Quirino had the taming of
the HUKBALAHAP Movement with the appointment of Rep. Ramon Magsaysay as
defense secretary. Ramon Magsaysay’s legacy was the victory of the common tao and
Carlos Garcia’s legacy was Filipino First policy. The Diosdado Macapagal’s
administration was remembered for correcting the date of Philippine Independence and
Ferdinand Marcos was popularly known for his (mis) adventurism on martial law and
constitutional authoritarianism. As his biographical sketch aptly said “Iginuhit ng
Tadhana”
 MARTIAL LAW YEARS AND FOURTH REPUBLIC OF THE
PHILIPPINES
MARTIAL LAW ERA
Martial Law Era (September 21, 1972 – January 17, 1981)

In the history of the Philippine government, there were four instances when the
leaders (governor general or president) declared martial law to meet the emergency or
exigency. The first declaration of martial law happened during the Spanish
colonization. Then the governor general, Ramon Blanco, declared martial law on
August 30, 1896 to localize the rebellion that was launched by the Katipuneros. The
declaration of such an emergency covered in Batangas, Bulacan, Cavite, Laguna,
Manila, Nueva Ecija, Pampanga, and Tarlac (Agoncillo, 1990).

The second instance happened on September 21, 1944 when the President of the
Second Republic, Dr. Jose P. Laurel, promulgated Proclamation No. 29 proclaiming
martial law in the Philippines. This was made by the President to address a national
emergency when the Americans attacked the Japanese forces in Manila at that time.
Subsequently, the President was pressured by the Japanese authorities to declare was
against the US and the Allied Powers. The third time was on September 21, 1972 when
President Ferdinand E. Marcos declared martial law in the entire archipelago through
Proclamation No. 1081 also to meet an imminent danger, exigency or emergency
obtaining that time. And the fourth time was on December 5, 2009 when Mrs. Gloria
Arroyo declared martial law in Maguindanao after the killing of 57 people by the
political allies of the Arroyo Administration – the Ampatuans. This was affected
through Proclamation 1959.

In all four declarations, though separate ears and governing powers, the
primordial objectives are in themselves anchored on the right of preservation or in an
individual’s parlance is the right to self-defense. The first declaration was made by a
colonizer, which wanted to preserve at all cost its colony; the second was done to
encourage the citizens to bind themselves for self-preservation in view of the condition
that they were the buffers caught in between two protagonist in war; the third instance
was when the president galvanized the need to restructure the social, economic, and
political life of the country with the end in view of delivering the citizens to a new
society. A society that is disciplined and progressive enough. Thus, the slogan “Sa
Ikauunlad ng Bayan, Disiplina ang Kailangan” was a reminder to its necessity. The
fourth one was done to effect warrantless arrest against those who perpetrated the
killings of innocent civilians and journalist. As Gerardo Espina (1981) quoting Wiener
and Justice Castro said:

Martial law is therefore the public law of necessity. Necessity calls it forth,
necessity justifies its existence, and necessity measures the extent and degree it may be
employed. It is therefore anchored upon the precept that the State has a right to protect
itself against those who seek to destroy, a power that is likened to the right of the
individual to self-defense. Thus, martial law is inherent in all States because neither
society nor the State can exist without it.

The reason behind the proclamation of martial law were cited by Marcos in the
whereases of Proclamation 1081 and included (1) the continued existence and activities
of the CPP-NPA, which constitutes a clear, present, and grave danger to the security of
the State. (2) Bombing of some parts of Greater Manila, (3) liquidation missions of the
Sparrow Units, (4) Mindanao Independence Movement, (5) unending conflict between
the Christian “Ilagas” and the Muslim “Barracudas.” All the foregoing citations were in
pursuit of armed insurrection, which would result into wanton destruction of human
lives and property, unabated and unrestrained propaganda attacks against the
government and its institutions.

The Constitutional basis of the proclamation of marital law in the Philippines in

1972 could be found in the 1935 Constitution, as amended, under Article VII, Section 10
(2). The same provision was bodily adopted also by the framers of the 1973
Constitution, as amended, under Article VII, Section 9 thereof. The Constitutions
provide thus:

The President shall be commander-in-chief of all Armed Forces of the Philippines

and, whenever it becomes necessary, he may call out such armed forces to prevent or
suppress lawless violence, invasion, insurrection, or rebellion. In case of invasion,
insurrection, or rebellion, or imminent danger thereof, when the public safety requires
it, he may suspend the privileges of the writ of the habeas corpus, pr place the
Philippines pr any part thereof under martial law.

When President Marcos declared martial law in 1972, he governed the

Philippines not as President but as commander-in-chief of the Armed Forces of the
Philippines. As commander-in-chief he issued presidential decrees, proclamation,
general orders, and letters of instructions – all of which have the binding force of law.
Such extraordinary power of legislation was later legalized under Amendment No. 5 on
the 1973 Constitution, which provided that “The incumbent President shall continue to
exercise legislative powers until martial law shall have been lifted.” This amendment
was submitted to the Filipino people in a referendum-plebiscite on October 16 – 17, 1976
and became effective on October 27, 1976 under Proclamation No. 1591.
 1973 CONSTITUTION
The 1973 Constitution was drafted by the 1971 Constitutional Convention. The
1971 Con-Con was created by the virtue of Joint Resolution No. 2 on March 16, 1967 and
was later amended by Joint Resolution No. 4 passed on June 17, 1969 calling for the
holding of a Constitutional Convention in 1971. On August 24, 1970, Republic Act 6132
was enacted setting the elections of delegates to the Convention (Agbayani, 1980; De
Leon and Lugue, 1984). On November 10, 1970, the 320 delegates to the Constitutional
Convention were elected to revise, after almost 40 years of existence, the colonial
Constitution of 1935. The delegates started working on June 1, 1971. The first President
of the Convention was a former President of the Third Republic, Carlos P. Garcia.
Unfortunately, he died of heart attack on June 14, 1971 after convening the Convention.
He has succeeded by another former President of the Third Republic, Diosdado
Macapagal (Zaide, 1974). The officers of the 1971 Con-Con were the following:

1. Diosdado Macapagal – President

2. Sotero H. Laurel – President Pro-tempore

3. Ramon A. Tirol – Vice President

4. Augusto L. Syjuco, Jr. – Vice President

5. Abraham F. Sarmiento – Vice President

6. Napoleon G. Rama – Vice President

` The Convention created a Committee of 60 members to draft the Rules of the

Convention. The Convention approved the new proposed Constitution on November
29, 1972 by a vote of 273 in favor, 15 against, 27 absent, 1 (Aquilino Pimentel) refused to
vote, and no abstention. The proposed Constitution was submitted to the Citizens’
Assemblies for their ratification on January 10 – 15, 1973. On January 17, 1973, President
Marcos issued Proclamation No. 1102 certifying and proclaiming that the proposed
Constitution has been overwhelmingly ratified by the Citizens’ Assemblies all
throughout the Philippines, and has thereby come into effect (Agbayani, 1980; De Leon
and Lugue, 1984). The Supreme Court wrote the legal imprimatur saying that “there is
no further judicial obstacle to the New Constitution being considered in force and
effect” (Javellana vs. Executive Secretary, 50 SCRA 30, March 31, 1973).
 Under the original 1973 Constitution, the President was just a symbolic head of
State. Due to the proclamation of martial law, the 1971 Constitution’s intent of having a
parliamentary system was not realized because Marcos was acting not as a symbolic
figure but, as the incumbent powerful President due to his being the commander-in-
chief of the Armed Forces of the Philippines.

The President
Article VII, Sec. 1 says that, “The President of the Philippines shall be the
symbolic head of State.” Since the President is just a symbolic figure he is, therefore, a
ceremonial head which is likened to the King or Queen of the United Kingdom. The
President was elected from among the members of the National Assembly by a majority
vote of all its members for a term of six years. Once elected, the President shall cease to
be a member of the National Assembly [Art. VII, Sec. 2]

The National Assembly

The provisions on the National Assembly were provided for under Article VII of the
original 1973 Constitution. The National Assembly was the repository of legislative
power. The Assembly was unicameral for it is suitable to a parliamentary system aside
from being economical. The Constitution did not specify the number of members of the
National Assembly. But the determination of its number is to be provided for by law
and the requirements therein should be apportioned among the provinces,
representative districts, and cities [Article VIII, Section 2].
 The Prime Minister and the Cabinet
The executive power was to be exercised by the Prime Minister and his Cabinet.
Article IX, Section 1 said:

The executive power shall be exercised by the Prime Minister with the assistance
of the Cabinet. The Cabinet, headed by the Prime Minister, shall consist of the heads of
ministries as provided by law. The Prime Minister shall be the head of the Government.

It is clear from this provision that the real chief executive of the government is
the Prime Minister assisted by a Cabinet. The 1973 Constitution provided for a
parliamentary system of government owing to the election of a Prime Minister and
majority of his Cabinet from among the members of the National Assembly. The irony
was that there was an existing President who was reelected in 1969 and whose term
should have expired in 1973 had it not been interrupted by the declaration of martial
law in 1972.

The Constitution does not vest the power of executive to the Prime Minister but
it only empowers him to exercise executive power. In short, the National Assembly is
not only vested with the power of legislation but also that of the executive because of
the adoption of a parliamentary system of government. As the former Chief Justice of
the Supreme Court, Enrique M. Fernando (1997), said:

There is no express conferment of such competence in the Prime Minister. It

merely specifies that he is entrusted with its exercise with the assistance of the Cabinet.
The wording of the Constitution is a logical corollary of the principle of parliamentary
supremacy. It would thus appear that the National Assembly is likewise possessed of
executive power, but that it would be exercised by the Prime Minister, aided by the
Cabinet.

But since the Philippines was under martial law and the president’s power to
declare was found under the 1935 Constitution, the Prime Minister’s privilege to
exercise executive power was set aside. It had overshadowed by a President who
exercised the powers of the commander-in-chief of the AFP. On January 17, 1973,
Marcos issued Proclamation No. 1103 “declaring that the Interim National Assembly
provided for in Article XVII (Transitory Provisions) of the 1973 Constitution be not
convened.” This was done because Marcos was the executive, legislative, and the
commander-in-chief of the AFP rolled into one, a near omnipotent President.
 1976 Amendment to the 1973 Constitution
In 1976, the 1973 Constitution was amended. It was provided under
Amendments No.3 and 4 that:

(3) The incumbent President of the Philippines shall, within 30 days from the
election and selection of the Members, convene the Interim Batasang Pambansa and
preside over its sessions until the Speaker shall have been elected. The incumbent
President of the Philippines shall be the Prime Minister and he shall continue to exercise
all his powers even after the Interim Batasang Pambansa is organized and ready to
discharge its functions, and likewise he shall continue to exercise his powers and
prerogatives under the 1935 Constitution and the powers in the President and the Prime
Minister under the Constitution.

(4) The President (PM) and his Cabinet shall exercise all the powers and
functions, and discharge the responsibilities of the regular President (PM) and his
Cabinet, and shall be subject only to such disqualifications as the President (PM) may
prescribe. The President (PM), if he so desires, may appointment a Deputy Prime
Minister or as many Deputy Prime Ministers as he may deem necessary.

The President as a symbolic head of State became the President and Prime
Minister at the same time under the above-cited amendments. As such, all the powers
of the Prime Minister were to be exercised by President Marcos. In addition to his
powers as commander-in-chief, he had also two Constitutions (1935 and 1973) backing
him up as sources of his immense powers.

The National Assembly and the Interim National Assembly were replaced by an
Interim Batasang Pambansa, which shall be composed of 120 members and have the
same functions as the Interim National Assembly.

The form of government now of the Philippines was patterned to that of the
French government. Under the French model, the President is a powerful leader but the
executive power remained in the hands of the Prime Minister. On the other hand,
Espina (1981) opined that it was a mixture of the French and Egyptian systems; he said
and herein quoted:

This new form of Philippine political system is actually a mixture of the features
of the French and Egyptian parliamentary models. Under the French type, the President
exercises vast executive powers and may even dissolve the parliament at will if certain
conditions including political anarchy and chaos exist, although the Prime Minister
remains as head of government. Under the Egyptian system, the Prime Minister and the
Cabinet ministers act merely as subalterns of the President.

The Lifting of Martial Law, the 1981 Amendments, and the Fourth
Republic (January 17, 1981 – February 25, 1986)
On January 17, 1981, Ferdinand Marcos lifted martial law. But the lifting of
martial law was just a façade to cover up for his dictatorial administration. When he
lifted martial law, the citizens expected that democracy would be brought back to life.
But this expectation remained an elusive dream because Marcos continued to exercise
all his powers under martial law and further prostituted the 1973 Constitution, thus the
moniker by the oppositions to his government as “constitutional authoritarianism”

After the lifting of martial law in 1981, Marcos was confronted with unparalleled
crises such as (1) poverty and capital flight, (2) violence and militarization, (3) human
rights violation, (4) corruption and cronyism, and (5) leadership mismanagement
(Abueva, 1998).

In 1981, again Marcos introduced amendments to the Constitution. The meats of

these amendments were on Article IX entitled The Prime Minister, the Cabinet, and the
Executive Committee. The Prime Minister under this amendment has been empowered as
head of the Cabinet, as Chairman of the executive Committee, and as supervisor of the
ministries. The Controlling provisions on these matters are:

Section 1. There shall be a Cabinet, which shall be composed of Ministers with or

without portfolio appointed by the President. At least a majority of the members of the
Cabinet who are heads of ministries shall come from the regional representatives of the
Batasang Pambansa.

The Prime Minister shall be the head of the Cabinet. He shall, upon the
nomination of the President from among the members of the Batasang Pambansa, be
elected by a majority of all the members thereof.

Section 3. There shall be an Executive Committee to be designated by the

President, composed of the Prime Minister as Chairman, and not more than fourteen
other members, at least half of whom shall be members of the Batasang Pambansa. The
Executive Committee shall assist the President in the exercise of his powers and
functions and in the performance of his duties as he may prescribe.

The members of the executive Committee shall have the same qualifications as
those of the members of the Batasang Pambansa.

The Executive Committee (Execom) is a new constitutional invention appended

to Article IX. Ferdinand Marcos rationalized the creation of the Executive Committee
(Lupong Tagapagpaganap) as “the training ground for future presidents and leaders of
the country” (Espina, 1981). But the powers and functions of Committee were to assist
the President in the exercise of his powers and functions and in the performance of his
duties as he may prescribe. [Article IX, Sec. 3]

On the other hand, the Batasang Pambansa shared its power of legislation with
the President. But most of the time, the President made more laws than the regular
Batasang Pambansa. Such presidential power of legislation was derived from the
package of amendments in 1976. Amendment No. 6 is herein quoted:

Whenever in the judgment of the President (PM), there exists grave emergency
or a threat of imminence thereof, or whenever the interim Batasang Pambansa or the
regular National Assembly fails or is unable to act adequately on any matter for any
reason that in his judgment requires immediate action, he may, in order to meet the
exigency, issue the necessary decrees, orders, or letters of instructions, which shall form
part of the law of the land.

This 1981 amendment to the 1973 Constitution was in compliance with the lifting
of martial law. The lifting of martial law laid down the foundation of the Fourth
Republic. But the establishment of the Republic did not actually emasculate the powers
of the President. Marcos became even more powerful due to the inception of another
power of the President under Amendment No. 6. So clever Marcos was in introducing
the 1976 package of amendments to the 1973 Constitution that he did not loss his
legislative power even when he lifted martial law in 1981. After the fading of
Amendment No. 5, Amendment No. 6 succeeded and reposed on Marcos the power of
legislation.

This amendment was subjected to endless and extensive debates among the
constitutionalists, scholars, professors, jurists, students, and the like on its
constitutionally.

Under the 1981 Amendments, the Constitution established a modified

parliamentary system of government. It was modified in the sense that it changed the
Prime Minister as chief executive and made the President a powerful political leader as
head of State and chief executive of the Republic of Philippines.
 Government under the 1973 Constitution as Amended in 1984
The constitution was again amended in 1984. It introduced five amendments,
two of which have something to do with the structure and operation of the government
under Ferdinand Marcos. Article VII has been titled as “The President and the Vice
President”. In here, the office of the Vice President was created to assist the President in
discharging his functions and powers. It also provided the election of the President and
Vice President in Article VII, Sec.3, which states that “a vote for the President shall also
be a vote for the Vice President running under the same ticket of a political party, unless
otherwise provided by law”.

It was on February 25, 1986, after a successful People Power Revolution, the
Fourth Republic ended. It was a revolution [?], which overthrew the dictatorship of
Marcos. This revolution was a political phenomenon in the Philippines for a political
reform, allegedly, could be achieved without bloodshed. This political exercise
mesmerized the whole world at that time. Fifteen (15) years later, the same
phenomenon happened in 2001 only to be regarded as the worst ever political exercise
that happened in contemporary Philippines politics. Juan de la Cruz was betrayed on
that fateful day and as they say, the rest is history.