VICTORIAS NATIONAL HIGH SCHOOL - SENIOR HIGH SCHOOL

Academic Track – Humanities & Social Sciences

Philippine Politics and Governance

Hand-outs # 3

POWER
In social science and politics, POWER - is the capacity of an individual to influence the conduct (behaviour) of
others. The term "AUTHORITY" is often used for power that is perceived as legitimate by the social
structure.
According to Max Weber (1947), POWER is ‘the probability that one actor within a social relationship will be
in a position to carry out his own will despite resistance, regardless of the basis on which this probability rests’.
Celebrated sociologist Anthony Giddens (1997) sees, ‘POWER as the ability to make a difference, to change
things from what they would otherwise have been, as he puts it “transformative” capacity’. Power can be
defined by saying that ‘A exercises power over B when A affects B in a manner contrary to B’s interests’.
According to Steven Lukes (2005), power has three dimensions or faces: (1) decision-making, (2) non-
decision-making, and (3) shaping desires.
It is the ability to make people at in ways they might not otherwise choose to act. The power to influence
others comes from many sources, from formal to coercion .Historically, rulers have used power for both good
and ill.

NATURE OF POWER

From the definitions of power noted above we can get certain features and the first such feature is it is
used in relational sense. When there is only one actor or element the issue of power does not arise. It is
because power implies ability to influence or control others or to get things done by others. Naturally power
relates to the relationship or interaction between two or among more than two elements or actors. So power is
always viewed in the background of relationship.

In the second place, “power is disaggregated and non-cumulative it is shared and bartered by
numerous groups spread throughout society and representing diverse interests”. In any pluralist society there are
numerous groups and they all compete among themselves at various levels to capture political power or to
influence the agencies who exercise their influence.

Hence it is observed that power is not concentrated at any particular centre. Again, all the centres of
power do claim to have equal or almost equal amount of power. In other words, there is an unequal distribution
of power like an unequal distribution of wealth.

Thirdly, in a class-society there are diverse interests and each power center represents a particular
interest. This point may further be explained. In any capitalist society there are several classes, both major and
minor, and each class strives for the realisation of its own interests which are generally economic. But there
may be political interests. However, the conflicts among the classes sometimes lead to the other conflicts and
this is the general characteristic of capitalist society. But the advocates of the capitalist system argue that this
conflict does not create an atmosphere of class struggle. There are processes of peaceful resolution of all
conflicts. At least Talcott Parsons and many sociologists think so. According to these persons the capitalist
system is so structured that the conflicts do not create any impasse.

Fourthly, MacIver is of opinion that power is a conditional concept. Power, Maclver says, is an ability
to command service from others. But this ability, he continues, depends in some measure upon certain
conditions and if the conditions are not fulfilled properly power cannot function. Power is not something which
is permanently fixed. It is subject to change and it has source.

If the source dries up power generation or enhancement will stop. Again, mere existence of sources
cannot cause the rise of power. The holder of power must have the ability to use or utilize the sources of power.
All these conditions establish the fact that power is conditional.

Fifthly, power (used in political science) is a very complex notion. How it is used, what consequences
it produces, how it is to be achieved-all are in real sense complex. No simple analysis can unearth the various
aspects of power. Different people use different terms to denote power. For example, Dahl uses the term
‘influence’ to mean power.

John French and Bertram Raven introduced the following five forms of power:

1. Coercive Power
This form of power is based upon the idea of coercion. This means that someone is forced to do
something against their will. The main objective of coercion is compliance. This form of power
illustrates what happens when compliance is not obtained. According to French en Raven there are also
other forms of power that can be used in a coercive manner such as withholding rewards or expertise or
using referent power to threaten social exclusion. The force of power is also associated positively with
punitive behaviour and negatively associated with conditional reward behaviour. This form of power
often leads to problems. In many cases this form of power is abused. Coercive power can lead to
unhealthy behaviour and dissatisfaction at work. Leaders who use this leadership style rely on threats in
their management styles. Often these threats relate to dismissal or demotion.

2. Reward Power
This type of power involves the ability of individuals to delegate matters they do not wish to do
to other people and to reward them for this. For managers in an organization it is a perceived possibility
to value or reward their subordinates’ good results in a positive manner. This form of power is based on
the idea that as a society we are more inclined to do things well when we are getting something in return
for this. The most popular forms are raises, promotions or compliments. The problem with this form of
power is that when the reward does not have enough perceived value to others, the power is weakened.
One of the frustrations when using rewards is that they often need to be bigger than the last time if they
are to have the same effect. Even then, when they are given regularly, employees can become satiated by
the rewards and as a result, they will lose their effectiveness.

3. Legitimate Power
This form of power gives the ability to link certain feelings of obligation or notion of
responsibility to the management. Rewarding and punishing employees can be seen as a legitimate part
of the formal or appointed leadership role. Most managers in organizations execute a certain degree of
reward and punishment. Legitimate power is usually based on a role. People always run with the pack
and traditionally obey the one person with power which is solely based on their position or title. This
form of power can easily be overcome as soon as someone loses their position or title. This power is a
weak form to persuade and convince other people.

4. Referent Power
This form of power is about management based on the ability to administer to someone a sense
of personal acceptance or approval. The leader in this form of power is often seen as a role model. Their
power is often treated with admiration or charm. This power emanates from a person that is highly liked
and people identify strongly with them in some way. A leader who has referent power often has a good
appreciation of their environment and therefore tends to have a lot of influence. Responsibility in this
form of power is heavy and one can easily lose oneself in this. In combination with other forms of
power, it can be very useful. Celebrities often have this form of power in society, but also lose a lot of
power because of certain circumstances.

5. Expert Power
This form of power is based on in-depth information, knowledge or expertise. These leaders are
often highly intelligent and they trust in their power to fulfil several organizational roles and
responsibilities. This ability enables them to combine the power of reward in the right mode. The fact is
that if someone has a particular expertise within an organization, they can often persuade employees,
who trust and respect them, to do things for them. This expertise is greatly appreciated and forms the
basis of this type of leadership.
 VICTORIAS NATIONAL HIGH SCHOOL - SENIOR HIGH SCHOOL
Academic Track – Humanities & Social Sciences

Philippine Politics and Governance

Hand-outs # 4

POLITICS AND FORMS OF GOVERNMENT IN THE PHILIPPINES

MEANING OF POLITICS

According to scientists, POLITICS is the study of power and the powerful of influence and the influential of
rulers and the ruled of authority and the authoritative.

According to SEN. ERNESTO MACEDA, “Politics is the art of compromise to achieve certain end."

According to SENATE PRESIDENT JOVITO SALONGA, it is simply the capacity to say no to something
dangerous or inimical to public interest. In its broad sense, it can be defined as the art and science of governance, the
means by which the will of community is arrived at and implemented the activities of the government, politicians and
political part.
Politics exist at anytime at anyplace with anybody trying to own and exercise power and influence to attain given
objectives. It inevitably exists in the family, churches, in schools, in classrooms, mass media, associations, corporations ,
societies, revolutionary groups, etc. Its purposes can be personal, organizational, institutional, governmental, commercial,
senatorial or collective in nature.

FOUR ESSENTIAL ELEMENTS OF POLITICS

1. Rule 2. Authority 3. Influence 4. Power

MEANING OF GOVERNANCE

GOVERNANCE - is the exercise of political, economic and administrative authority in the management of a country’s
affairs at all levels.

ELECTRONIC GOVERNANCE - It is the delivery of government services and information to the public using
electronic means. It can be defined as “giving citizen the choice of when and where they can access government
information and services.”

STATE - is a community of persons more or less occupying a definite territory possessing an organize government and
enjoying independence or external control.

The elements of which are (1)sovereignty, (2) people, (3) territory and (4) government.

NATION - It is defined as people or aggregation of men existing in the form of an organize society usually inhabiting a
distinct portion of the earth, speaking the same language, using the same customs, possessing historic continuity and
disguised from other like group by their racial origin and characteristic and generally but not necessarily living under the
same government and sovereignty.

DIFFERENCES OF A STATE AND A NATION

STATE - is more of political concept while nation is racial or ethnical one.

 There can be a nation without there being a state but when there is a state there is at least one nation.
 A state may be made up of one or more nations and a nation may occupy two or more states.
 A state composed of several nations is called Polynational state while a state with one nation is called
Mononational state.
 A state presupposes a government and a definite territory while these are not necessary in the existence of the
nation.

GOVERNMENT - it is the aggregation of authorities which rule the societies.

DIFFERENCES OF A STATE AND A GOVERNMENT

Government is an essential mark of the state. There cannot be a state without a government but there can be a
government without there being a state.
WAYS OF CHANGING THE GOVERNMENT
1. By election
2. By natural/accidental death of the Chief Executive
3. Resignation/voluntary exile of the Chief Executive
4. Impeachment
5. Revolution
6. Coup d’ etat
7. Assassination
8. Civil war
9. Foreign invasion/occupation

A state possesses the quality of permanency while the government may come and go leaving the state to continue
unimpaired and unaffected.

The state is an ideal person while the government is the instrumentality of this political unity.

ELEMENTS OF A STATE

1. PEOPLE - It is the entire body of those citizens of a state who are invested with political or for political
purposes.
2. TERRITORY - It is the geographical area under the jurisdiction of another country or sovereign power of a
state. It must be a fixed territory with inhabitants occupy.

MODES OF ACQUIRING TERRITORY

a. BY DISCOVERING OR OCCUPATION - A state may acquire territory by discovering a continent,

an island or land with no inhabitants or occupied by uncivilized inhabitants and there after occupying it
under its political administration. Uninhabited lands Land inhabited by uncivilized persons Land
discovered but failed to occupy it for unreasonable length of time
b. BY PRESCRIPTION - It is the mode of acquiring territory through continuous and undisputed
exercise of sovereignty over it during such period as is necessary to create under the present condition of
things is in conformity with international order.
c. BY CESSION - It is the assignment transfer or yielding up of territory by one state or government to
another.
d. BY SUBJUGATION AND ANNEXATION - It is a mode of acquiring territory belonging to a state by
occupation and conquest made by another state in the course of war and by annexation of the end of a
war.
e. BY ACCRETION - Another mode of acquiring territory by addition of portion of soil, either artificial
or natural.

3. GOVERNMENT
As an element of state, it is the totality of authorities which rule a society by prescribing and carrying out
the fundamental rules which regulate the freedom of each member. It is derived from “Gubernaculum” meaning
“rudder.”

TWO KINDS OF GOVERNMENT

A. DE JURE (LEGITIMATE) GOVERNMENT - It is one established in accordance to the constitution of
the nation and lawfully entitled to recognition and supremacy and administration of the nation but which is
actually cut off from power or control.
B. DE FACTO (ILLEGITIMATE) GOVERNMENT - It is one that maintains itself by display of force
against the will of the rightful legal government and is successful at least temporarily in overturning the
institution of the rightful legal government by setting its own in lieu thereof.

THREE KINDS OF DE FACTO GOVERNMENT

a. GOVERNMENT BY REVOLUTION - A government established by the inhabitants who rise
in revolt against and deposed the legitimate regime.
b. GOVERNMENT BY SECESSION - A government established by the inhabitants of a state who
secede there from without overthrowing its government.
c. GOVERNMENT BY OCCUPATION - It is a government established in the course of war by
the invading forces of one belligerent country in the territory of another belligerent country. The
government of which is also displaced.

4. SOVEREIGNTY - It is the supreme absolute and uncontrollable power by which an independent state is
governed.
 TWO KINDS OF SOVEREIGNTY

A. Internal Sovereignty - It is the power to control and direct the internal appears of the country. We have
the right to enact, execute and apply laws.
B. External sovereignty - It is the power of an independent state to control and direct its external affair.
We have the authority to enter into treaties with other countries, to wage war and to receive and send
diplomatic missions.

RIGHTS OF A STATE

A. The right of existence and self defense - It is the right of the state to use force against an aggressor state.
B. The right of independence - It is the right of the state to be free from dependence, dictation, subjection
control and intervention of another state or external power.
C. The right of equality - This right is inherent to a state.
D. The right of legation - It is the right of the state to enter into a diplomatic relation or intercourse with
others state by receiving and sending diplomatic corps or representatives.

The PRINCIPAL FORMS are the following:

1. . As to number of persons exercising sovereign powers

A. MONARCHY - The sovereign power is vested in a single person. o
a. Absolute Monarchy - One in which the ruler rules by divine right. o
b. Limited Monarchy - One in which the ruler rules in accordance with constitution.
B. ARISTOCRACY - The political power is exercised by few privileged class.
C. DEMOCRACY - One in which the political power eased by a majority of the people.
a. Direct or pure democracy - One in which the will of the state is formulated or expressed
directly and immediately though the people in the mass meeting or primary assembly rather
than through the medium of delegates or representatives chosen to act for them.
b. Indirect, representative or republican democracy - One which the will of the state is
formulated and expressed through the agency of a relatively small and select body of persons
chosen by the people to act as their representatives.

2. As to extent of powers exercised by the central or national government

A. UNITARY GOVERNMENT - One in which the control of national and local affairs is exercised by the
central of national government.
B. FEDERAL GOVERNMENT - One in which the power of the government are divided between two sets
of organ, one for national affairs and the other for local affairs.

3. As to relationship between the executive and legislative branches of the government

A. PARLIAMENTARY GOVERNMENT - The state confers upon the legislature the power to terminate
the tenure of office of the real executive.
B. PRESIDENTIAL GOVERNMENT - One in which the state makes the executive constitutionally
independent of the legislature as regards his tenure and to a large extent as regards his policies and acts,
and furnisher him with sufficient power to prevent the legislature from trenching upon the sphere marked
out by the constitution as executive independence and prerogative.

HISTORICAL BACKGROUND OF THE PHILIPPINE DEMOCRATIC POLITICS

A. PRE-SPANISH GOVERNMENT

1. Unit of Government - The Philippines was composed of settlements or villages each called barangay, named
after balangay, a Malayan word meaning “boat.”
2. Datu - Each barangay was ruled by a chief called datu in some places and rajah, sultan or hadji. He was its chief
executive, law giver, chief judge and military head. In the performance of his duties, however, he was assisted usually by
a council of elders (maginoos) which serves as his advisers. In form, the barangay was a monarchy with the datu as the
monarch. One could be a datu chiefly by inheritance, wisdom, wealth or physical prowess.
3. Social Classes in the barangay - The people of the barangay were divided into four classes, namely: the
nobility (maharlika), to which the datu belonged, the freemen (timawa), the serfs (aliping namamahay), and the
slaves (aliping sagigilid).
4. Early Laws - The two known written codes in the pre-Spanish era are the “MARAGTAS CODE” which was
said to have been written about 1250 A.D. by Datu Sumakwel of Panay and the “KALANTIAW CODE” written in 1433
A.D. by Datu Kalantiaw, also of Panay. The unwritten laws consisted of customs and traditions which have been
passed down from generation to generation.
5. Comparison with other ancient governments – It can be said that the laws of the barangay were generally fair.
The system of government, although defective was not so bad considering the conditions in other lands in the age during
which it flourished. An eminent scholar has written: “The Filipino people, even in the prehistoric times had already shown
high intelligence and moral virtues; virtues and intelligence clearly manifested in their legislation which taking into
consideration the circumstances and the epoch in which it was framed, was clearly as wise as prudent, and as humane, as
that of the nation’s then at the head of civilization.

B. GOVERNMENT DURING THE SPANISH PERIOD

1. SPAIN’S TITLE THE PHILIPPINES - It was based on the discovery made by Ferdinand Magellan in 1521,
consummated by its conquest by Miguel Lopez de Legazpi forty-five years later and long possession for almost
four centuries, until it was terminated in 1898, when by the Treaty of Paris, the Philippines was ceded by the
Spain to the United States.

2. SPANISH COLONIAL GOVERNMENT - From 1565 to n1821, the Philippines was indirectly governed by
the King of Spain through Mexico. From 1821 when Mexico obtained her independence from Spain, to 1898, the
Philippines was ruled directly from Spain. The council in Spain responsible for the administration of the
Philippines was the Council of the Indies. In 1837, it was abolished and legislation for the Philippines was
temporarily performed by the Council of Ministers, from 1863, the Ministry of Ultramar (colonies) exercised
general powers of supervision over Philippine affairs. Three times during the Spanish period (1810-1813, 1820-
1823, and 1836-1837), the Philippines was given representation in the Spanish Cortes, the legislative body of
Spain. A basic principle introduced by Spain to the Philippines was the union of the church and the state.

3. GOVERNMENT IN THE PHILIPPINES UNITARY - The government which Spain established in the
Philippines was centralized in structure and national in scope. The barangays were consolidated into towns
(pueblos) each headed by a goberrnadorcillo (little governor), popularly called capitan, and the towns into
provinces, each headed by a governor represented the Governor General in the province. Cities governed under
special characters were also created. 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.

4. THE GOVERNOR-GENERAL - The powers of the government were actually exercised by the Governor-
General who resided in Manila. He was “Governor-General” “Captain General,” and “vice-royal patron.” As
Governor-General, he had executive, administrative, legislative, and judicial powers. As Captain-General, he was
Commander-in- chief of all the Armed Forces in the Philippines. As the vice-royal patron, he exercised certain
religious powers. Because of these broad powers, it has been said that the Governor General enjoyed more powers
than the King of Spain himself. This was justified, however, because of the distance of the Philippines from
Spain. The first Spanish Governor-General in the Philippines was Miguel Lopez de Legazpi (1565-1571) and
the last was Gen. Diego de los Rios (1898).

4. THE JUDICIARY- The ROYAL AUDENCIA which was established in 1583 was the Supreme Court of the
Philippines during the Spanish times. Its decision was final except on certain cases of great importance which
could be appealed to the King of Spain. It also performed functions of executive and legislative nature. Below
The Royal Audencia, were TWO TERRITORIAL AUDENCIAS established in 1893- one in Cebu and the
other in Vigan - which exercised appellate jurisdiction over criminal cases coming from the surrounding
territory.

In 1886, courts of first instance with both civil and criminal jurisdiction were established in the provinces.
At the bottom of the judicial system were the justice of the peace courts which were established in the different
towns in 1885. In addition, there were special courts, like the MILITARY AND NAVAL COURTS which had
jurisdiction over military offenses, and the ECCLESIASTICAL COURTS which had cognizance of canonical
matters and ecclesiastical offenses. TREASURY AND COMMERCIAL COURTS were also created but were
later abolished.

EVALUATION OF THE SPANISH GOVERNMENTS IN THE PHILIPPINES

The government which Spain established in the Philippines was defective. It was government for the
Spaniards and not for the Filipinos. The Spanish officials were often inefficient and corrupt. The union of church
and state produced serious strife’s between the ecclesiastical and civil authorities. Equality before the law was
denied to the Filipinos. The demerits, however, of the Spanish administration were more than offset by its merits.
(a.) The Spanish rule, when viewed in the broader light of global colonization, was generally mild and humane.
The Filipino people were not brutalized. Spaniards and Filipinos intermarried and mingled socially. Slavery and
tribal wars were suppressed; (b.) It brought about the unification of the Filipino people. The diverse tribes were
molded into one people, under one God, one King, and one government, and out of their common grievances
against Spain, blossomed the spirit of nationalism; and (c.) Spain uplifted the Filipinos from the depth of primitive
culture and paganism and gave them the blessings of Christianity and European civilization.

C. GOVERNMENT DURING THE REVOLUTIONARY ERA

1. THE KATIPUNAN GOVERNMENT -The Katipunan was the secret society that precipitated our glorious
revolution on August 26, 1896. It was organized by Andres Bonifacio, who, together with a group of Filipino
 patriots, signed the covenant of the Katipunan with their own blood on July 7, 1892. The central government of
the Katipunan was vested in a Supreme Council (Kataastaasang Sanggunian). In each province there was a
Provincial Council (Sangguniang Balangay) and in each town, a Popular Council (Sangguniang Bayan). The
judicial power was exercised by a Judicial Council (Sangguniang Hukuman). The Katipunan was the first clear
break from Spanish rule with the ultimate goal to establish a free and sovereign Philippines. It was replaced by
another government whose officials headed by Gen. Emilio Aguinaldo as President, were elected in the Tejeros
Convention held on March 22, 1897.

2. THE BIAK-NA-BATO REPUBLIC - On November 1, 1897, 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. It declared that the aim of the revolutions was the “separation of the Philippines from the Spanish
monarchy and their formation into an independent state.” The Biak-na-Bato Republic lasted up to December 15,
1897, with the conclusion of the “Pack of Biak-na-Bato.”

3. THE DICTATORIAL GOVERNMENT - Following the outbreak of the Spanish-American war on April 25,
1898, Gen. Aguinaldo, in view of the chaotic conditions in the country, established the Dictatorial Government
on May 23, 1898. The most important achievements of the Dictatorial Government were the Proclamation of
Philippine Independence at Kawit, Cavite on June 12, 1898 and the reorganization of local governments.

4. THE REVOLUTIONARY GOVERNMENT - On June 29, 1898, Gen. Aguinaldo established the
Revolutionary Government replacing the Dictatorial Government with himself as President and a Congress whose
function was advisory and ministerial. The decree making such change stated that the new governments were “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 a real Republic.”

D. THE FIRST PHILIPPINE REPUBLIC - On September 15, 1898, revolutionary Congress of Filipino
representatives met in Malolos, Bulacan at the call of the Revolutionary Government. The Malolos Congress
ratified on September 29, 1898 the proclamation of Philippine independence made by Gen. Emilio Aguinaldo in
Kawit, Cavite on June 12, 1898 and framed the so-called Malolos Constitution. This Constitution was the first
democratic constitution ever promulgated in the whole of Asia. It established a “free and independent
Philippine Republic” which was inaugurated on January 23, 1899 with Gen. Aguinaldo as President. Our
First Philippine Republic was not recognized by the family of nations. It was nevertheless an organized
government because it actually existed and its authority was accepted by the people. It existed from January 23,
1899 to March 23, 1901. In February, 1899, the United States annexed the Philippines as a result of the Spanish-
American war and in April, 1901, Gen. Aguinaldo was captured. Thus, the Republic was short-lived, its
independence cut short by the superior might of a new colonial power. The Malolos Constitution which provided
for the establishment of a Philippine Republic had no opportunity to operate. However, this in no way diminishes
the historical significance of the Philippine Revolution of 1896. It was the first war of independence fought by
Asians against foreign domination and it gave birth to the first constitutional democracy in Asia and the West
Pacific. The previous Philippine Republics Under Joint Resolution No. 93, approved by the United States
Congress on June 29,1994,the President of the United States was authorized to proclaim the independence of the
Philippines prior to July 4.1946, after the Japanese had been vanquished and constitutional processes in the
country restored.

THE REPUBLIC OF THE PHILIPPINES was formally inaugurated on July 4, 1946 with Manuel A. Roxas as
the first President and Elpidio Quirino as the first Vice- President. Roxas and Quirino also served from May
28, 1946 as the last Commonwealth President and Vice-President, respectively. The 1935 Constitution served as
the fundamental law not only for the Commonwealth Government which was interrupted by the Second World
War but also for the Republic of the Philippines Until the “ratification” of the 1973 Philippine Constitution
establishing a parliamentary form of government, effected by virtue of Proclamation No.1102 of President
Ferdinand E. Marcos on January 19, 1973, after the declaration of martial law on September 21, 1972.

The first Republic was established on January 23, 1899 under the Malolos Constitution; the Second on
October 14, 1943 under the Japanese sponsored Constitution, and the Third, on July 4 1946 under 1935
Constitution. President Ferdinand E. Marcos, in his inauguration address on June 30, 1981 proclaimed the birth of
the Fourth-Republic under 1973 Constitution which, as amended in a plebiscite on April 7, 1981, installed a
modified parliamentary system of government thus making him its first President. All in-all, there were nine President
in the previous three-republics, including President Marcos in his two (2) terms in the Third Republics.

THE PROVISIONAL GOVERNMENT OF 1986 before Corazon Aquino took her oath of office on the
morning of February 25, 1986 at Club Filipino, San Juan Metro Manila, the last day of a four day “people power”
revolt (Feb.22- 25) that culminated in the ouster of President Ferdinand E. Marcos, she read Proclamation No.1
wherein she declared that she and her Vice-President were “taking power in the name and by the will of the Filipino
People” on the basis of the clear sovereign will of the people expressed in the election of February 7,1986.In her oath,
she swore to preserve and defend the “fundamentals law”(not the “Constitutions”) and execute “just laws” (instead of
its laws).
(1) REVOLUTIONARY – The government was revolutionary because it was instituted not in accordance with
the procedure provided in an existing Constitution. There is a definite acknowledgment in Proclamation
No.3 that the provisional government established there under was revolutionary in character (without
calling itself as such) having been installed by direct action of the people or by “people power,” deriving its
existence and authority directly from the people themselves and not from the then operating 1973
Constitution.

(2) DE JURE /DE FACTO. – The first is one constituted or founded in accordance with the existing
constitution of the state (according to law), while the other is not so constituted or founded but has the
general support of the people and effective control of the territory over which it exercises its powers. A de
facto government acquires a de jure status when its gain wide acceptance from the people and recognition
from the community of nations. At its inception, the revolutionary government was illegal for lack of
constitutional basis not having been sanctioned by either the 1935 or the 1973 Constitution. It was de facto
government but acquired a de jure status. There was no question then that the revolutionary government had
won continuous public acceptance and support without ant resistance whatsoever anywhere in the
Philippines and the recognition of practically all foreign governments.

(3) CONSTITUTIONAL, DEMOCRATIC, AND TRANSITORY. – The provisional government was not a
purely revolutionary one but hybrid constitutional revolutionary government, i.e. a revolutionary
government governing under a provisional or interim constitution the people could invoke to protect their
rights and to promote their welfare, to exist for a limited period until the ratification and effectively of a
permanent constitution. There was nothing, however, to prevent the government from amending,
suspending or abrogating the Provisional Constitution and adopting a new one or operating without any
constitution. In other words, the Provisional Constitution did not have the status of a supreme or
fundamental law because the government was not created by it and was not bound to obey it. The
provisional government was claimed to be democratic because it was installed by direct action of the people
as a direct expression or manifestation of their sovereign will, and, therefore, it was based on the consent of
the governed and the approval of the people.

(4) POWERS. - A revolutionary government being a direct creation of the people derives its powers from the
people to whom alone it is accountable. It is said that a revolutionary government is clothed with unlimited
powers because it makes its own laws; it is “a law unto itself.” However, with the adoption of the
Provisional Constitution, the revolutionary government opted to abide with and to subject itself to the
provisions thereof, pending approval of a new charter.

(5) THE PROVISIONAL CONSTITUTION- Instead of declaring the 1973 Constitution with certain
amendments and minus certain articles and provisions, as the interim Constitution. Proclamation No.3
promulgated a Provisional Constitution to replace the former, adopting in toto insofar as they are not
inconsistent with the provisions of the Republic came into being upon the ratification of the 1987
Constitution on February 2, 1987. By its very nature, the Provisional Constitution (as well as the
revolutionary government which operated under it) self-destructs upon the ratification and effectivity of the
new Constitution on February 2, 1987.