THE PRE-SPANISH GOVERNMENT

 Before the Spaniards came to the Philippines, there were settlements composed of villages called
barangay.

Each barangay was ruled by a datu.

THE PRE-SPANISH GOVERNMENT

DATU – the chief executive, law-giver, chief judge and military head.

MAGINOOS- council of elders, assisting the datu which served as his adviser.

THE PRE-SPANISH GOVERNMENT

The government in a barangay is monarchial in nature, with the datu as the monarch.

THE SPANISH GOVERNMENT

Spain’s title to the Philippines was based on the discovery of the Philippines by Ferdinand Magellan on
March 16, 1521.

THE SPANISH GOVERNMENT

The Philippines was governed by the King of Spain through Mexico from 1565 to 1821.

 The Spanish government in the Philippines was centralized in structure and national in scope.

THE SPANISH GOVERNMENT

The powers of the government was exercised by the governor-general and ably assisted by the Board
of Authorities and the Council of administration.

THE SPANISH GOVERNMENT

MIGUEL LOPEZ DE LEGASPI – first Spanish governor- general.

DIEGO DELOS RIOS – last Spanish governor-general.

THE SPANISH GOVERNMENT

To strengthen the judicial system, Spain established the Royal Audiencia in 1583 in Cebu and Vigan.
THE REVOLUTIONARY GOVERNMENT

During the Spanish period, several forms of de facto government were established.

THE REVOLUTIONARY GOVERNMENT

THE KATIPUNAN– a secret society that precipitated the Philippine revolution against Spain on August 26,
1986. The Katipunan was organized by Andres Bonifacio.

THE REVOLUTIONARY GOVERNMENT

THE BIAK-NA-BATO REPUBLIC – On November 1. 1987, 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 REVOLUTIONARY GOVERNMENT

THE DICTATORIAL GOVERNMENT – General Emilio Aguinaldo established the Dictatorial Government. -
The most important achievements of the governments were the proclamation of Philippine
Independence at Kawit, Cavite on June 12, 1898 and the reorganization of the local governments.

THE REVOLUTIONARY GOVERNMENT – On June 23, 1898, Gen. Aguinaldo established the Revolutionary
Government replacing the Dictatorial government. The aim of the new government is to struggle for the
independence of the Philippines.

THE REVOLUTIONARY GOVERNMENT THEFIRSTPHILIPPINEGOVERNMENT –The constitution established

a free and independent Philippine Republic which was inaugurated on January 23, 1899 with Gen.
Aguinaldo as President.

THE American Government

THE Military Government –The American military rule in the Philippines on April 14, 1898, the day after
the capture of Manila.

THE EVOLUTION OF PHILIPPINE POLITICS, GOVERNMENT, AND GOVERNANCE

I. The ancient Filipinos and their Government

Historians assert that the Philippines and other islands in Southeast Asia may have been sites of human
evolution between 200,00 and 300,000 years ago (Agoncillo and Mangahas, 2010). Long before its
subjugation by colonizers, the country had already a civilization and its own system of government.

1. The Government

There was no central government before the Spaniards came. Instead, governance came from the
barangays scattered throughout the islands of the Philippines. The word barangay is derived from the
Austronesian balangay, a boat used by the Austronesian immigrants in sailing to the Philippines. The
datu (chieftain) ruled each barangay, which was independent of the other barangays. As the ruler, the
datu exclusively wielded executive, legislative, and judicial powers. He took on the role of supreme
commander during wartime. As a lawmaker, he was assisted by a council of elders, called
“maginoos,”which advised him in the administration of justice.

2. The Datu as Legislator

The datu issued the laws as the chief legislative authority. When the datu wanted to enact a law, he
would consult with the council of elders. If the council approved the proposal, the datu would order the
barangay crier or announcer, called the umalobokan, to announce to the people the approval of the
new law. This system was simpler, as compared with the law-making process of today.

3. The Datu as Judge

Disputes during the ancient times were, as much as possible, decided peacefully. The court of justice
was composed of the datu as the judge and the maginoos as the members of the jury. In this respect,
the ancient Filipinos pioneered the jury system which presaged that of the Americans by many
centuries. Ancient Filipinos used trial by ordeal in determining who among contending parties was lying
and who was telling the truth. The test consisted of several activities to test the physical ability of a
person. In most cases, the one who came out with lesser injuries or was relatively unharmed was
pronounced the victor. This was because the pre-Hispanic Filipinos believed that God protected the
innocent and punished the guilty (Garcia and Agdon, 2009). While this system of decision-making did
not rely on logic and legal reasoning, it showed that the ancient Filipinos believed in God and in divine
intervention. The local chieftains therefore used religion in governing their subjects.

II. The Philippines Under Colonial Rule

1. The Magellan Expedition

Ferdinand Magellan,a Portuguese who was ignored by his king when he broached his plan to sail to
Malacca and Africa, offered his services instead to the Spanish monarch, King Charles I. The Spanish King
was receptive. In 1519, King Charles provided Magellan with a fleet of five ships: Trinidad, Victoria,
Concepcion, Santiago, and San Antonio. Magellan and his crew saw the mountains of what is now Samar
on March 17,1521 after several months of a difficult voyage. They landed in Homonhon on the following
day to allow the sick men to recuperate. When the fleet sailed again, it reached the islet of Limasawa
which was then ruled by Rajah Kulambu, after befriending Rajah Kulambu, Magellan ordered a mass to
be celebrated and a giant cross planted on the top of a hill overlooking the sea. Afterward, Magellan
took possession of the islands in the name of King Charles and called them the Archipelago of Saint
Lazarus because he discovered the islands on St. Lazarus day.

The Spanish fleet next sailed toward the island of Cebu on April 8, 1521.The chieftain of Cebu, Rajah
Humabon, welcomed the Spaniards. Rajah Humabon, his wife, and many natives became Christians after
the Spaniards celebrated a mass and erected a cross on the island.

2. The Battle of Mactan

Rajah Sula, one of the chieftains of the island of Mactan, sowed intrigue by complaining to Magellan that
Rajah Si Lapulapu, Sula's rival, refused to pay tribute to the King of Spain. Sula asked for Magellan's
assistance in defeating Rajah Si Lapu-lapu. Magellan obliged and volunteered to fight Lapulapu. During
the battle that ensued, one of the natives wounded Magellan in the leg. When Magellan fell down,
Lapulapu's men rushed at him and killed him with their spears (Agoncillo and Mangahas, 2010).

3. The Villalobos and Legazpi Expeditions

More than 20 years after the ill-fated Magellan Expedition, King Charles I of Spain, through the Viceroy
of Mexico, sent in 1542 an expedition commanded by Ruy Lopez de Villalobos. Villalobos and his men
were able to reach Mindanao in February 1543. The natives, however, refused to welcome them.
Villalobos sent one of his men to Tandaya (Samar) to look for food. The chieftain of Tandaya, Datu
Makandala, helped Villabos's men get enough food. Delighted, Villalobos named the islands of Samar
and Leyte, Felipinas, in honor of Prince Philip of Spain, who later on became King Philip II (Id.).

In 1564, upon the suggestion of the Viceroy of Mexico, King Philip II who succeeded his father King
Charles I sent an expedition to the East led by Miguel Lopez de Legazpi. The expedition reached Cebu in
February 1565. Legazpi sailed to Cibabao (Leyte) and later, to Samar. He also travelled to Camiguin
Island, then to Butuan in Mindanao, and then to Bohol.

When Legazpi and his men reached Cebu, Cebu chieftain Tupas and the Cebuanos were hostile to them.
After Tupas was defeated in the skirmishes that followed between the Spaniards and the Cebuanos, he
fled to the mountains.

In order to secure the friendship of the Cebuanos, Legazpi adopted the policy of attraction whereby he
invited the Cebuanos to come down from the mountains and promised not to harm them. Because of
the policy, Tupas and his men returned to the lowland and entered into an agreement with Legazpi to
maintain peace in Cebu. Legaspi and his men established the first Spanish settlement in Cebu and called
it “City of the Most Holy Name of Jesus.”

For the purpose of spreading Spanish rule in the archipelago, Legazpi founded the second Spanish
settlement in Panay. He sent several small expeditions to other islands of the country.

Juan de Salcedo, one of Legazpi's grandsons, sailed to Talim Island and Mindoro. After reaching the
outer rim of Manila Bay, Salcedo returned to Panay to Legazpi that Manila was a prosperous Muslim
kingdom. Legazpi then decided to and reported send two expeditions to Manila, one headed by Martin
de Goiti and another headed by Salcedo.

At that time, Manila or Maynila was a Muslim kingdom ruled by Rajah Sulayman or Soliman who refused
to pay tribute to de Goiti. After defeating Sulayman, de Goiti returned to Panay to report to Legazpi.

Legazpi was appointed by the King of Spain as the captain-general of the islands, which was equivalent
to the position of governor-general.

On June 24,1571, Legazpi made Manila the capital of the Philippines. At the same time, he organized a
city government or ayuntamiento. Legazpi appointed two alcaldes or magistrates, an alguacil mayor or
chief constable, twelve regidores or legislative council members,and one escribano or court clerk.

4. The Philippines Under Spanish Rule

As a colony of Spain, the Philippines was administered by the Council of the Indies. The King of Spain
issued royal decrees and orders appointing the Spanish officials in the Philippines. In 1863, the
Philippines was placed under the jurisdiction of the Ministry of the Colonies or Overseas Ministry
(Ministerio de Ultramar).The ministry was advised by the Council of the Indies.

5. The National Government, its Head and its Branches

The Spaniards established a highly centralized form of government in the Philippines. This meant that
the central or national government was so powerful that it controlled almost every aspect of
governance. It was headed by a governor-general who was appointed by the King of Spain as his official
representative in the colony. The governor- general could appoint minor officials in the government,
including the parish priests. He was the commander-in-chief of the armed forces. There were only two
branches of the government, the executive and the judiciary. But there was no legislature because the
laws for the Philippines were crafted by the Spaniards in Spain. The King of Spain issued royal decrees or
orders. The governor- general, however, had the power to issue orders with the force of law which were
called “superior decrees.” He also had the power of cumplase or the right of the governor to refuse to
implement a royal decree or order of the King of Spain if in his judgment the implementation of the
order or decree would not be beneficial to the administration of the country. The judicial powers of the
government were vested in the royal audiencia and the lower courts. The audiencia was the highest
court in the country and had the power to audit the finances of the government.

6. The Local Government

Although the government was highly centralized, the Spaniards realized that they could not govern
without local officials who would implement the royal decrees or orders, as well as the superior decrees.
There were local governments in the provinces, municipalities, and barangays.

The Provincial Government. This was headed by a governor or alcalde mayor who was appointed by the
Governor General.

The Municipal Government. The Municipality was headed by a gobernadorcillo or capitan municipal
who was chosen by thirteen electors. The selection of the gobernadorcillo had to be approved by the
Spanish friar curate. If the latter gives his assent, the provincial governor had to submit the name of the
gobernadorcillo to the office of the Governor General in Manila for final approval.

Barrio or Barangay. It was the smallest unit of the government and was beaded by a cabeza who was
tasked to maintain peace and orders, and collect tares in the barangay Notwithstanding this political ser-
up, the city or ayuntamiento served as the center of social, commercial, religious, and cultural life.

7. The Early Revolts Against Spanish Rule

The Spaniards implemented oppressive policies in governing the Philippines. As a result, there were
local revolts in many parts of the country. These revolts were not because of a sense of nationalism on
the part of the Filipinos. Instead, they wanted to regain their lost freedom. The also did not relish the
institutions imposed by the Spaniards, including the Catholic religion. There was a natural desire to bring
the old native religion back. Of course, there was also agrarian unrest. The revolts, however, failed.

It is not difficult to understand the reasons why the regional uprisings against the Spanish rule did not
succeed. The Spaniards used advanced weapons and employed native volunteers and mercenaries
against the rebels. There was division among the people. The Spaniards also skillfully employed the
Catholic religion to subjugate the Filipinos. Lastly, the Spaniards gave the local chieftains and their
families positions in the government and granted them privileges. It was this divide and conquer policy
that allowed the colonizers to rule the country for several centuries.

8. The Reform Movement and the Katipunan

On account of the abuses of the Spanish government and the lack of participation of the Filipinos in the
administration of the government, educated and the well-to-do Filipinos began the peaceful campaign
for reforms in 1872. The campaign for reforms, also called the Propaganda Movement, sought the
assimilation of the Philippines as a province of Spain, representation in the Spanish lawmaking body
called the Cortes, and equality of the Filipinos and the Spaniards before the law. The most famous of
these reformists were Jose P. Rizal, Graciano Lopez Jaena, and Marcelo H. Del Pilar.

Spain was not receptive to these reformists. There were several reasons why their movement failed. It
was not for lack of trying. First, Spain was busy with her own problems to consider the problems
ventilated by the propagandist movement. Second, the Filipinos lacked the financial means to support
their cause. Third, the reformists were not united. Fourth, the friars had influential friends and
supporters in Spain who opposed the introduction of reforms in the Philippines. After the failure of the
Propaganda Movement, Andres Bonifacio founded the “Kataastaasan,Kagalanggalangan Katipunan ng
mga Anak ng Bayan”(KKK).The Katipunan was founded on a radical platform to secure the independence
and freedom of the country from Spain by force of arms.

9. The 1896 Revolution

The discovery of the Katipunan by the Spanish authorities on August 19,1896 marked the outbreak of
the 1896 Revolution. Many Filipinos suspected to be members of Katipunan were captured, tortured,
and persecuted. Bonifacio and his men fought the Spanish forces which were vastly superior in numbers
and weapons. The revolution spread to provinces in Luzon. In response, the governor general placed
under martial law the first eight provinces which revolted-Cavite, Manila, Laguna, Batangas, Bulacan,
Pampanga, Tarlac, and Nueva Ecija.

The reign of terror continued with the colonial government's policy of repression. Suspected members
of Katipunan were punished without trial. In other places, the Spaniards massacred innocent people. In
the morning of December 10,1896, Rizal was executed for his alleged connection with the Katipunan's
attempt to topple the government. This event angered the Filipinos and further emboldened them to
fight for the country and its independence.

10. The Tejeros Convention and the Naic Military Agreement

Under the leadership of Emilio Aguinaldo,the Filipino rebels won every battle against the Spaniards in
Cavite. At that time, the Katipuneros in Cavite were divided into two factions: the Magdalo group
headed by Aguinaldo's cousin and the Magdiwang group headed by Bonifacio's uncle. Owing to the
successes of Aguinaldo in the battlefield, the Magdalo group regarded him as Heneral Miong and
demanded that he led the Katipunan. The Magdiwang group did not accept this because they had
accepted Bonifacio as their Supreme Leader, although he was not regarded as a skillful general.
The rift worsened when in a meeting held on March 22, 1897 the Katipuneros decided to form a new
government. Aguinaldo was elected as the President, while Bonifacio was elected as the Director of the
Interior. However, Daniel Tirona questioned Bonifacio's educational qualifications. This prompted
Bonifacio to declare the results of the election as void. On the next day, Bonifacio and his men signed
the Acta de Tejeros which contained a resolution nullfying the results of the Tejeros convention.
Bonifacio and his men also signed a document known as the Naic Military Agreement stating that a new
form of government will be established.

This conflict first brought into the open deep divisions in the emergent Filipino nation. The upper classes
and the educated were unwilling to accept Bonifacio as part of the newly created government. He was
intelligent, but not formally educated. While a fervent nationalist and true patriot, he was poor. They
looked down on him and his kind. The Filipino elite had now seized the revolution Bonifacio started.

11. The Execution of Bonifacio

Upon the orders of Aguinaldo, a group of Katipuneros were sent to persuade Bonifacio to recognize the
results of the Tejeros Convention. Bonifacio was captured and was tried for treason. He was sentenced
to be shot to death, but Aguinaldo commuted the death penalty to banishment. Upon the advice of
other generals who did not want the sentence commuted and hated Bonifacio, Aguinaldo withdrew his
commutation order.

On May 10,1897, Bonifacio and his brother Procopio were executed. Even then, politics had already
seeped into the Filipino psyche. The Aguinaldo clique saw Bonifacio and his brother as a threat to their
cause. They had to be eliminated.

12. The Biak-na-Bato Republic and the Truce of Biak-na-Bato

Aguinaldo first established a republican government called Biak-na-Bato Republic, but later entered into
an agreement with the Spaniards whereby he and his men would go into exile in Hongkong in exchange
for P800,000.00.The truce, however, fell through because one of the Filipino military leaders, General
Francisco Makabulos of Tarlac, established a central executive committee which was an independent
government. Armed clashes between the revolutionaries and the Spaniards followed.

13. The Spanish-American War

On February 15,1898, the American battleship USS Maine stationed at Havana Harbor in Cuba was
allegedly blown up by the Spaniards. More than 200 American sailors and officers died in the mishap.
Thus, on April 25,1898, the US Congress formally declared war on Spain. Soon after, the American feet
proceeded to Manila Bay on May 1, 1898 to attack the Spanish Her. The Spaniards were easily defeated
by the better-armed American ships, This was a turning point in the history of the Philippines. Spanish
might was on the wane. The US, a new world power, was eager to spread its wings to Asia.

14. The Return of Aguinaldo and The Mock Battle of Manila

Convinced by the Americans that the US was not interested in colonizing the Philippines, Aguinaldo
agreed to return to the Philippines and continue the struggle against the Spaniards. By June of 1898, the
entire Luzon was in the hands of the Filipino rebels. On June 12, 1898, Aguinaldo signed the
Proclamation of Philippine Independence in Kawit, Cavite. In the wake of the battlefield successes of the
Filipinos against the Spaniards, the Americans and the Spaniards entered into a secret agreement and
staged a battle to make the Filipino rebels believe that it was the Spaniards who surrendered to the
Americans. This was called the “Mock Battle of Manila.”

15. The Dictatorial Government and Revolutionary Government

On May 24,1898, Aguinaldo established a dictatorial government wherein the chief of state was called
the Dictator. Upon the advice of Apolinario Mabini, on June 23, 1898, Aguinaldo changed the form of
government from dictatorial to revolutionary. The chief of state was now called the President. Initially,
the revolutionary government had four departments: the ‘Department of Foreign Affairs, Navy, and
Commerce; the Department of War and Public Works; the Department of Police and Internal Order,
Justice, Education, and Hygiene; and the Department of Finance, Agriculture, and Manufacturing
Industry. Later, Aguinaldo increased the departments to six: foreign affairs, war, interior, welfare,
justice, and treasury. Aguinaldo also appointed most of the delegates to the Congress that met at the
Barasoain Church in Malolos, Bulacan. The Congress elected its officers and ratified the proclamation of
independence in Kawit on June 12,1898.

16. The First Philippine Republic

The Malolos Constitution established a government intended to be “popular, representative, and

responsible.” Unlike the one under the Spanish rule, the government was now divided into three
branches: the executive, the legislative, and the judiciary.

The President was elected by a unicameral assembly which took the place of Congress. The 'department
secretaries were responsible to the assembly. The first Philippine Republic was inaugurated on January
23,1899 with Aguinaldo as its President.

17. The Treaty of Paris

On December 10,1898, the Spanish and American peace commissioners signed the Treaty of Paris
wherein Spain turned over the Philippines to the US for the sum of $20,000,000 as payment for the
improvements made by Spain in the Philippines. The US granted Spain the right to export commodities
to the Philippines for ten years on the same terms as those of the US. The Treaty of Paris was not
immediately ratified because a majority in the US believed that it was unfair to Filipinos. When the
Filipino-American War broke out, the imperialist propaganda machine convinced the majority in the US
Senate to ratify the treaty by blaming the start of the hostilities on the Filipinos.

18. The Filipino-American War

The suspicion of the Filipinos of the true motive of the Americans in coming to the Philippines was
aroused by several events. The Mock Battle of Manila showed that the Americans did not want the
Spaniards to surrender to the Filipinos, but to them. The signing of the Treaty of Paris at the time when
Spain no longer had effective control of the Philippines also exposed the interest of the Americans to
colonize the Philippines. More importantly, the United States expressed its decision to keep the
Philippines as its colony through the Benevolent Assimilation Proclamation. These events outraged the
Filipinos and fueled the war against the US. The well-armed Americans defeated the brave, but poorly-
equipped army of the first Philippine Republic after three years of hostilities.

19. American Colonial Rule

After the defeat of the Filipinos, the Philippines was administered by the President of the US through the
military.

20. The Military Governor

As the representative of the US President to the Philippines, the military governor had vast authority
which included executive, legislative, and judicial powers. One of his duties was to pacify the provinces
which refused to recognize the authority of the US.

21. The Schurman Commission and the Taft Commission

The US sent commissions to the Philippines to investigate conditions in the country and submit
recommendations to the US Government. In March 1899, the Schurman Commission arrived in Manila.
After its investigation, it recommended that the US enforce its sovereignty over the entire country.

In March 1900, the US sent a second commission to the Philippines. It was known as the Taft
Commission and was tasked to establish a civil government in the Philippines and train the Filipinos in
self-governance.

22. The Civil Government

In March 1902, the US Congress passed the Army Appropriations Act. It contained an amendment which
authorized the US President to establish a civil government in the Philippines. Thus, on July 4,1901, the
civil government was inaugurated.

23. The Philippine Bill of 1902

On July 1,1902, the Philippine Bill of 1902 was enacted by the US Congress. It provided for a Bill of Rights
for the Filipinos, the appointment of two Filipino non-voting commissioners to the US Congress, and the
establishment of a Philippine Assembly to be elected by the Filipinos two years after the publication of a
census and complete restoration of peace.

24. The First Philippine Assembly

After the conditions under the Philippine Bill of 1902 were achieved, elections were set for the first
Philippine Assembly on July 30, 1907. Out of 80 seats in the assembly, 59 seats were won by the Partido
Nacionalista, while 16 seats were won by the Partido Progresista. The remaining seats were won by
independent candidates. As a law-making body composed of Filipinos, the Philippine Assembly became
the lower house of the Philippine Legislature. On the other hand, the Philippine Commission was the
upper house. Through the Philippine Assembly, Filipinos were able to participate in the making of laws
for the country.

25. The Jones Law

The approval of the Jones Law of 1916 signaled that the Americans would fulfil their promise to help the
Philippines attain independence as soon as a stable government was in place. Under this law, the
government had three branches: the executive, the legislative, and the judiciary. The executive branch
was headed by the governor-general who was appointed by the President of the US with the approval of
the American Senate. The judicial power was exercised by the Supreme Court and the lower courts.

The law abolished the Philippine Commission and established the Philippine Senate which became the
upper house of the legislative branch. The Philippine Assembly became the House of Representatives or
the lower house of the legislature.

The law also provided for a Bill of Rights for the Filipinos which included freedom of speech, freedom of
the press, freedom from illegal search, freedom to assemble for the redress of grievances, and other
rights exercised by people in a democratic country.

26. The Independence Mission

To campaign for the independence of the Philippines, the Legislature created the Independence
Commission. The first and second independence missions were sent to the US to convince the American
Congress that the conditions for independence under the Jones Law had been fulfilled. However, these
missions failed.

The third independent mission headed by Sergio Osmeña and Manuel Roxas,the so-called “Os-Rox
Mission,” was sent to the US in 1931.It was able to persuade several groups in the American Congress to
grant Philippine independence. As a result, the US Congress enacted the Hare-Hawes Cutting Act which
provided that at the end of a ten-year Commonwealth period, independence would be granted to the
Philippines.

Manuel L. Quezon thought that the Hare-Hawes Cutting Act was not a good law, so he worked for its
rejection by the Philippine Legislature. Because of his failure to come up with a better law, however, he
agreed that the Hare-Hawes Act be re-enacted as the Tydings-McDuffie Act with few modifications. The
Tydings-McDuffie Law provided for the framing of a Constitution for the Commonwealth Government.

The Constitution was approved by the Filipino people in a plebiscite on May 14, 1935.This Constitution,
however, was amended to give the Americans rights equal to the Filipinos in the exploitation of the
country's natural resources.

27. Commonwealth Era and the World War II

The Commonwealth Government was inaugurated on November 15,1935 with Quezon as the President
and Osmeña as the Vice President. It served as a transitional government preparatory to the resumption
of Philippine independence.

The preparations for independence were stalled when the war in the Pacific broke out in 1941. This was
prompted by the bombing of the American Fleet in Pearl Harbor, Hawaii by the Japanese. In 1942, the
Japanese occupied most parts of Luzon. Shortly after, the Japanese reorganized the Philippine
government and renamed it Central Administrative Organization.

The Japanese invaders, like the Americans before them, were looking for new territories. Their reasons
for conquest were eerily similar: the Japanese wanted new territories to govern to accommodate its
increasing population and serve as a market for its exports, explaining its drive for a “Greater East Asia
Co-Prosperity Sphere.”
Although Japan was able to conquer the Philippines, forcing the American colonizers to flee, many
Filipinos waged a guerilla war against the new invaders. Other Filipinos collaborated with the Japanese
to somehow lessen the impact of the invasion on the country.

28. The Second Republic

The Japanese created a commission for the purpose of framing a constitution approved by a convention.
On September 25, 1943, the National Assembly elected Jose P. Laurel as the President of the Second
Republic.

In the meantime, Quezon reorganized the Commonwealth government while he and his comrades were
in the US. After the death of Quezon, the Americans, through the leadership of General Arthur
MacArthur, began its offensive against Japan. When the Japanese were finally defeated in the
Philippines, MacArthur re-established the Commonwealth on October 23, 1944 with himself as the
Military Administrator. On February 27, 1945, he turned over the reins of government to Osmeña.

III. The Republican Years

1. The Third Republic

To address the needs of the people and the country after the war, Osmeña reorganized the government
in March 1945.

In October 1945, the American Congress passed the Bell Trade Relations Act which granted parity rights
to the Americans. This meant that the Americans would be given the right to use and exploit the natural
resources of the Philippines on equal footing with Filipinos. Although this provision was objected to by
the Filipinos, the 1935 Constitution was amended to affect this provision.

In the election of April 23, 1946, Manuel A. Roxas was elected as President. On July 4, 1946, Philippine
independence was proclaimed.

2. The 1971 Constitutional Convention, Declaration of Martial Law, and The 1973 Constitution

Several groups called for the replacement of the 1935 Constitution which they criticized as a product of
US dictation. In June 1971, the Constitutional Convention started framing a new constitution.
On September 21, 1972, President Ferdinand E. Marcos issued Proclamation No. 1081 declaring martial
law in the Philippines, with this, Marcos as the President assumed the executive, legislative, and judicial
powers of the government. Military courts took the place of regular courts.

Marcos orchestrated the adoption of the 1973 Constitution which changed the system of government to
a modified parliamentary system. He exercised both executive and legislative powers, and introduced
several amendments to the 1973 Constitution, such as the extension of term of office of the President
until Martial Law shall have been lifted and the grant of emergency legislative powers to the President
whenever there exists a grave emergency or threat or imminence thereof, or whenever the Interim
Batasang Pambansa or the regular National Assembly fails to act.

Because of these amendments, the country was then ruled by Marcos as dictator. Major political parties
disappeared from the political scene leaving the administration party, the Kilusang Bagong Lipunan, to
dominate politics. The basic freedoms of the people were curtailed. Press freedom, academic freedom,
respect for human rights, and accountability of public officials and the military to the people
disappeared. Marcos lifted martial law on January 17, 1981.

The assassination of Senator Benigno Aquino on August 21,1983 intensified the clamor of the people for
the restoration of democracy. Rallies and mass action challenging Marcos to step down were held by
people across socioeconomic classes.

3. The 1986 Snap Elections and the People Power or The EDSA Revolution

Toward the end of Marcos's third term as President, protest rallies called the "parliament of the streets"
erupted in Manila and other major Philippine cities. This prompted the US to pressure Marcos for an
early election date. Thus, on February 7,1986, Marcos announced a "snap" presidential election. He was
declared the President-elect on February 20,1986. However, Corazon Aquino, widow of Ninoy Aquino
and the opposition's candidate for president, claimed victory and accused Marcos of massive electoral
fraud. She called for civil disobedience after the National Movement for Free Elections (NAMFREL)
declared her as the winner in the snap election.

These events led to the People Power Revolution along Epifanio delos Santos Avenue (EDSA) on
February 25, 1986 which brought an end to Marcos' dictatorship and prompted his exile in the US.

4. The 1987 Constitution

When Corazon Aquino ascended to the presidency after the EDSA Revolution, she refused to abide by
the 1973 Constitution, which was denigrated as the “Marcos" constitution. She promptly proclaimed a
provisional constitution called the “Freedom Constitution" on March 25, 1986.It required her to create a
Constitutional Commission (ConCom), which she did.

Aquino convened the ConCom which drafted the Philippine Constitution. On February 2, 1987, the
people ratified the Constitution in a plebiscite.

The 1987 Constitution which is the present Constitution of the Philippines restored the presidential form
of government and the bicameral Congress. It provided for the independence of the Constitutional
Commissions and the judiciary from the other branches of the government. To further institute a system
of check and balance in the government, the present charter contains the following provisions:

a. a single fixed term of six years for the President

b. confirmation of some Presidential appointments by the Commission on Appointments

c. approval of Congress when the President declares martial law

d. appointments to the judiciary by the President based on a short list of nominees recommended by
the Judicial and Bar Council

e. ratification by Senate of international treaties entered into by the executive branch of the
government

f. removal from office by impeachment and conviction of the President, Vice President, members of the
Supreme Court, and members of the Constitutional Commissions

g. recall by the voters of local chief executives

Critics of the 1987 Constitution have observed that it is very long. They point out that a Constitution,
being the fundamental or basic law of the land, should be brief. Although there have been persistent
calls for Charter change, they have not been made for the reason that the Constitution is long. It can be
reasoned out, however, that the length of the Constitution can be attributed to the desire of the
ConCom to prevent misuse of Presidential power, like what happened during the era of dictatorship
under Marcos.