MINDANAO, RAFAEL M.

Laws on Local Government

J.D. - III Dean Rey Oliver Alejandrino

HISTORY OF PHILIPPINE CONSTITUTION WITH

RESPECT TO LOCAL GOVERNMENT UNIT

The history of the Philippine Constitution is a complex and evolving narrative marked by a series of
documents, each reflecting the country's political, social, and economic circumstances at different
points in time. Here is a detailed overview of the key milestones in the history of the Philippine
Constitution:

1. Spanish Colonial Period (1565-1898):

The Philippines was colonized by Spain in 1565 and remained under Spanish rule for nearly 333 years.
During this period, the Spanish colonial government imposed its legal and political systems on the
Philippines, which included the Leyes de Indias (Laws of the Indies) and the Spanish Constitution of
1812.

2. The Katipunan and the Malolos Constitution (1898-1899):

In 1896, the Philippine Revolution against Spanish colonial rule began, led by Filipino nationalist
groups like the Katipunan. In 1899, following the defeat of Spanish forces, the First Philippine Republic
was established, and the Malolos Constitution was promulgated. This constitution served as the
country's first attempt at self-governance and established a democratic republican government.

3. American Colonial Period (1898-1946):

The Philippines came under American rule after the Treaty of Paris in 1898, which ended the Spanish-
American War. The United States established a civilian government and, eventually, a colonial
legislature, the Philippine Commission, in 1900. The Jones Act of 1916 established the framework for
self-government in the Philippines and promised eventual independence. The Tydings-McDuffie Act of
1934 set a 10-year transition period toward independence, during which the Philippines would have a
Commonwealth government with its own constitution. The 1935 Constitution was established during
this period.

4. World War II and Japanese Occupation (1941-1945)

During World War II, the Philippines was occupied by Japan, which suspended the 1935 Constitution.
The Philippines was liberated by American and Filipino forces in 1945.

5. Post-War Era and Independence (1946):

In 1946, the Philippines finally gained independence from the United States, becoming the Republic of
the Philippines. The 1935 Constitution was retained with some amendments and served as the basis
for the post-independence government.

6. Marcos Dictatorship and the 1973 Constitution (1965-1986):

Ferdinand Marcos became president in 1965 and declared martial law in 1972.
In 1973, a new constitution was ratified, which allowed Marcos to remain in power beyond his second
term. It also shifted the country from a presidential to a parliamentary system. The Marcos regime
was characterized by authoritarian rule, censorship, and human rights abuses.

7. People Power Revolution and the 1987 Constitution (1986-1987):

In 1986, a peaceful revolution known as the People Power Revolution ousted Ferdinand Marcos from
power. A new constitution was drafted and ratified in 1987, replacing the 1973 constitution. It
established the current presidential system and incorporated safeguards to prevent abuses of power.

Since the 1987 Constitution, the Philippines has experienced periods of political stability and
turbulence, with various amendments proposed but not always approved. The constitution continues
to be a dynamic document, subject to legal interpretations and potential changes through
constitutional amendments or revisions. The history of the Philippine Constitution reflects the
country's struggle for self-determination, its colonial past, and its efforts to establish a democratic
and stable government. It remains an important cornerstone of the nation's political identity and
development.

HISTORY OF LOCAL GOVERNMENT UNIT IN THE

PHILIPPINES

In the early 1950s, appointed presidential representatives to city and provincial governments have
already organized themselves into an organization to push for reforms and lobby for the passage of
the proposed Local Autonomy Bill.

In 1957, The Local Autonomy Bill of 1957 was passed and paved for the election of local government
officials who organized themselves into a league. With the passage of Barrio Charter recognizing the
barrio as a unit of local government, the organization of local government officials expanded.

The organization campaigned for real power and authority, and for material resources needed to
govern and deliver services. The organization then participated in the determination of internal
revenue allotment (IRA).

With the issuance of Presidential Decree 144 in 1973, the participation of local government officials
in IRA decisions ceased. The Ministry of the Budget was given the sole power to set the level of
national support to LGUs.

This situation was further undermined by centralist policies issued between 1972 to 1986. More than
500 decrees, letters of instruction, orders, executive directives and memoranda affecting LGUs were
issued by President Ferdinand Marcos. One granted the President power to appoint local
government officials and extend their terms of office indefinitely.
Eventually, President Marcos reorganized the league of local government officials to support his rule.
Along with the Pambansang Katipunan ng mga Punong Bayan sa Pilipinas (1976), the League of
Governors was formally organized.

Following the EDSA uprising, the League was revitalized through the issuance of EO No. 262 by
President Aquino. The directive provided for the creation of separate leagues – the League of
Provinces, League of Municipalities and League of Cities.

After the ratification of 1987 Philippine Constitution, the League was formally established with the
adoption of its charter in 25 May 1988.

When the Congress was inaugurated, the period saw the active participation of the League in
drafting a new local government code. On 10 October 1991, the new Local Government Code was
signed into law.

The Code recognized and institutionalized the League of Provinces of the Philippines as a forum to
articulate issues affecting the provinces, and to provide and propose solutions to these concerns.

Since then, the League has consistently demonstrated its vision and mission to promote autonomy,
and sternly lobbied against all proposed bills which undermine decentralization efforts. Most recent
of which was the collective action by the League against the congressional decision to cut the IRA.

Today, the League has become an effective forum of intervention, and a rich source of materials for
progressive polices and programs for the national government and it members.