POLSCI 101

PRELIM (MODULE 2)

The Historical Development of Philippine Government

The Philippine as a nation has passed through several stages and has been under different colonial rule
in the course of its history. Discussed hereunder is the evolution of the Philippines together with the
different forms of government that had been implemented by the different colonizers.

The Pre-Spanish Government

Before the Spaniards came to the Philippines there were settlements composed of villages called
barangay consisting of more or less 100 families. Every barangay was virtually a State for it possessed
the 4 element of the state (Territory Sovereignty Government People). Each barangay was ruled by a
Datu, he is the chief executives, law giver chief judge and military head. He was assisted by the Council
of Elders called Maginoos which serve as advisers. In form, the government in a barangay is monarchial
in nature with the datu as the monarch or the absolute ruler.

Social classes in the barangay are divided into four: the nobility or the maharlika, the freemen or the
timawa; the serfs or the aliping namamahay and the slaves or aliping saguiguilid.

The early laws were both written and unwritten, the written law was promulgated by the datus. The 2
known law are the Maragtas Code written by Datu Sumakwel in 1250 AD and the Kalantiaw Code written
by Datu Kalantiaw in 1433 AD both in Panay. The unwritten laws can be seen in the Filipino culture.

The Spanish Government

Spain’s title to the Philippine was based on the discovery of the Philippines by Ferdinand Magellan in
March 1521 and consummated by the conquest of Miguel Lopez de Legaspi 45 years later. Spain kept
the Philippines for almost four centuries until 1898 when the Philippine was ceded by Spain to the United
States by virtue of Treaty of Paris.

The Philippine was governed by the King of Spain through Mexico from 1565 to 1821, When Mexico
gained its independence the Philippine was ruled directly by Spain through the council of Indies from
1821 to 1837, legislation was temporarily performed by the Council of Ministers. From 1863, the Ministry
of Ultamar exercised general powers of supervision over Philippine affairs.

The Spanish government in the Philippines was centralized in structure and national scope. The barangay
was consolidated into pueblos (towns) and headed by a Gobernadorcillo also called as Captain, while the
town into province head by a Governador who represents the Governador general in the province. Cities
governed under special charter, each of these cities had an Ayuntamiento or Cabildo (city council). Cebu
was the first city to be established in 1565 in the Philippines. The second was Manila in 1571.

The power of the government was exercised by the Governor-General and ably assisted by the Board of
Authorities and the Council of Administration. The first Spanish governor-general was Miguel Lopez de
Legaspi and the last was Gen. Diego delos Rios.

To Strengthen the judicial system, Spain established the Royal Audiencia in 1583 in Cebu and in Vigan,
which exercised appellate jurisdiction over criminal cases coming from the surrounding areas. In 1886 the
Court of First Instance were established in each province and the Justice of the Peace Courts were
established in the town level. Special court was also organized.
 The Revolutionary Government

During the Spanish period, several forms of the de facto government were established. Among them
were:

1. The Katipunan ​– The Katipunan was a secret society that precipitated the Philippine revolution against
Spain in August 26, 1896. The Katipunan was organized by Andres Bonifacio. The central government of
the Katipunan was vested in the Supreme Council (Kataastaasang Sanggunian.) A provincial Council was
established in each province. A popular council was established in the town level. The Judicial power was
exercised Judicial Council or the Sangguniang Hukuman. When Bonifacio died, another government was
established by Gen. Emilio Aguinaldo who acted as the first President of the Philippine Republic by virtue
of the election in the Tejeros Convention on March 22, 1897.

2. The Biak-na-Bato Republic – On November 1, 1879 a republic was established by Gen. Aguinaldo in
Biak na Bato (now San Miguel de Mayumo, Bulacan). It had a Constitution which was to take effect for
two years only. The republic lasted up to Dec. 15, 1897, with the conclusion of the Pact of Biak na Bato.

3. The Dictatorial Government – Following the outbreak of the Spanish-American War on April 25,
1898, Gen. Aguinaldo established the Dictatorial Government on May 24, 1898 the most important
achievements of the government were proclamation of the Philippine Independence at Kawit, Cavite on
June 12, 1898, and the reorganization of the local governments.

4. The Revolutionary Government – On June 23, 1898 Gen. Aguinaldo established the revolutionary
government replacing the dictatorial govt. The aim of the new government was to struggle for the
independence of the Philippines, until all nations including Spain will expressly recognize it and to prepare
the country for the establishment of real republic.

5. The First Philippine Republic – On September 15, 1898, a revolutionary congress of Filipino
representatives met in Malolos Bulacan and framed the so called Malolos Constitution. The Constitution
established a free and independent Philippine Republic which was inaugurated on January 23, 1899 with
Gen. Aguinaldo as President. The Republic was not recognized by the family nations. It was nevertheless
an organized government because it actually existed up to March 23, 1901. In February, 1899 the United
States annexed the Philippine as a result of the Spanish-American War and in April, 1901 Gen. Aguinaldo
was captured.

The American Government

There were three kinds of government implemented by the Americans during their period.

1. The Military Government – ​The American military rule in the Philippines started on April 14, 1898 the
day after the capture of Manila. The existence of war gave the president of the United States the power to
establish a military government. His authority was delegated to military governor who exercised, as long
as the war lasted, all powers of government executive, legislative and judicial. The three American Military
Governors were: Gen. Wesley Merrit, Gen. Elwell Otis and last was Gen. Arthur McArthur.

2. The Civil Government – ​The Spooner Amendment ended the military regime in the Philippines. On
July 4,1901 a civil government was inaugurated headed by a Civil Governor. In February 6, 1905, the title
was changed to Governor-General who exercised legislative powers. He remained as President of the
Philippine Commission, the sole lawmaking body of the government from 1901 to 1916, the Philippine
Commission acted as the upper house of the legislative branch with the Philippine Assembly serving as a
lower house. With the passage of the Jones Law in 1916, these two bodies gave way to the Philippine
legislature. The Philippine was represented in the United States by two Resident Commissioners who are
elected by in the United States House of Representatives, receiving the same emoluments and other
privileges as the American members of the body, but without the right to vote.
The first Civil Governor was Judge William H. Taft (1901-1903). He was succeeded by Luke F. Wright
(1904-1906) who was the first American to enjoy the title of General was Frank Murphy (1933-1935) who
was also the first High Commissioner of United States to the Philippine upon the inauguration of the
Commonwealth Government of the Philippines.

3. The Commonwealth Government - ​The next stage in the political development of the Filipinos was
the establishment of the Commonwealth government of the Philippines pursuant to an act of United
States Congress on March 24, 1934, commonly known as the Tydings-McDuffie Law, the law provided for
a transition period of ten years during which the Philippine Commonwealth would operate until July 4,
1946 wherein the independence of the Philippines would be proclaimed and the established. The new
government was inaugurated on November 15, 1935, following the first national election under 1935
constitution held on September 12, 1935 with Manuel L. Quezon and Sergio Osmeña as President and
Vice President respectively. The commonwealth Government of the Philippines was republican in form
under the presidential type. The Legislative power was vested in a bicameral Congress composed of the
Senate and the House of Representative. The Judicial power was autonomous in nature. The Filipinos
had almost complete control over the domestic affairs, the United States retaining control only over
matters involving foreign affairs.

During World War II the Commonwealth government functioned in exile in Washington from May 13, 1942
to October 3, 1944. It was reestablished in Manila on February 27, 1945 when Gen. Douglas McArthur
turned over to President Osmeña the full powers and responsibilities of the Commonwealth government
under 1935 Constitution.

The Japanese Government

The Japanese Military Administrator was established in Manila on January 3, 1942, one day after its
occupation. The Japanese High Command immediately terminated the sovereignty of the United States
over the Philippines.

A civil government known as the Philippine Executive Commission was established with Jorge B. Vargas
as its chairman. The Commission exercised both the executive and legislative powers. However, laws
enacted were subjected to the approval of Commander-in-chief of the Japanese forces. The Judiciary
continued in the same manner, as it was independent, which it had traditionally enjoyed.

On October 14, 1943, the so called Japanese sponsored Republic of the Philippine was inaugurated with
Jose P. Laurel as President. Like the commission. The ultimate source of its authority was the Japanese
military authority and government. On August 17, 1945 President Laurel dissolved the Republic.

The Third Philippine Republic

When the Philippines was finally liberated from the hands of the Japanese, the third Philippine Republic
was inaugurated on July 4,1946 with Manuel A. Roxas as president and Elpidio Quirino as Vice
President. Roxas died on April 1, 1948, paving the way for the Quirino presidency which lasted until 1953.
Quirino was followed by Ramon Magsaysay, who was not able to finish his term when he died in a plane
crash on March 17, 1957. Carlos P. Garcia succeeded Magsaysay. Garcia was followed by Diosdado
Macapagal who served the country for only one term. Macapagal was defeated by Ferdinand Marcos in
the presidential election of 1965.

The Previous Republic of the Philippines can be summarized as follows:

a. The First Republic – Established on January 23, 1899 under Malolos Constitution
b. The Second Republic – Established on October 14, 1943 under Japanese Sponsored Constitution
c. The Third Republic – Established on July 4, 1946
d. The Fourth Republic – Proclaimed on July 30, 1981, through inaugural speech of the late constitution,
amended on April 7,1981 through plebiscite
e. The Fifth Republic – February 2, 1987 under the 1987 constitution.