The Government of the Philippines in

Transition

Maricon S. Pabalan
A. The pre-Spanish Government
1. Unit of government - prior to the arrival of the spaniards, the Philippines
was composed of settlements or villages, each called barangay named after
balangay, a malayan word meaning boat (thereby confirming the theory that
the early Filipinos came to the Philippines in boat).
2. Datu - each barangay was ruled by a chief called:
datu
rajah
sultan
hadji
- In form, the barangay was a monarchy with the datu as the monarch.
A. The pre-Spanish Government
3. Social classes in the barangay
4 Classes :
- nobility (maharlika) - serf (aliping namamahay)
- freemen (timawa) - slaves (aliping sagigilid)
4. Early laws - a legal system already existed in the Philippines even in
pre-colonial times. the early Filipinos had both written and unwritten laws.
* 2 unknown written codes in the pre-Spanish era :
- Malagtas Code = about 1250 A.D. by Datu Sumakwel of Panay.
- Kalantiaw Code = written in 1433 A.D by Datu Kalantiaw,
The unwritten laws consisted of customs and traditions which had been passed
down from generation to generation.
A. The pre-Spanish Government
5. Comparison with other ancient governments
- the system of government, although defective was not so bad
considering the conditions in other lannds 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 nations then at the head of
civilization.
B. Government during the Spanish period
1. Spain's title to the Philippines - it was based on the discovery made by
Ferdinand Magellan, in 1521, consummated by its conquest by Miguel Lopez d
Legaspi 45 years later and long possesion for almost four centuries, until it
terminated in 1898, when by the Treaty of Paris, the Philippines was cede by
Spain to the United States.

2. Spanish colonial government

1565 - 1821 the Phil. was indirectly governed by the King of Spain
through Mexico because of the distance of the Philippines from Spain.
1821 - 1898 Mexico obtained her independence from Spain, the
Philippines was ruled directly from Spain.
* A basic principle introduced by Spain to the Phil. was the union of the church and the state.
B. Government during the Spanish period
3. Government in the Philippines unitary - the government which Spain
established in the Philippines was centralized in structure and national in scope.

- barangay to town (pueblos) headed by a gobernadorcillo (little

governor) popularly called capitan, and the towns into provinces, each headed
by a governor general in the province.

- Cebu first city established in 1565.

- Manila the second city established in 1571.
B. Government during the Spanish period
4. The Governor-General - The powers of the government were actually
exercised by the Governor-General who resided in Manila.
Governor-General - had executive, administrative, legistative, and judicial
powers.
Captain-General - was Commander-in-Chief of all the Armed Forces in
the Philippines.
Vice-royal - exercised certain religious powers.

5. The Judiciary
1583 - established the Royal Audiencia, the Sumpreme Court of the
Philippines during the Spanish times.
- it also performed functions of executive and legistative nature.
B. Government during the Spanish period

- Below the Royal Audiencia, were 2 Territorial Audiencias established in

1893 - one in Cebu and the other in Vigan - which exercised appelate
jurisdiction over criminal cases coming from the surrounding territory.

6. Evaluation of the Spanish Government in the Philippine

1571 - 1898
- Spain ruled the Philippines.
- the government which spain established in the Philippines was defective
.
- Equality before the law was denied to the Filipinos.
C. Government during the Revolutionary era
1. The Katipunan government

Katipunan - was the secret society that precipitated our glorious revolution on
August 26, 1896. It is the first clear break from Spanish rule with the ultimate
goal to establish a free and sovereign Philippines.
- 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.
- replaced by Gen. Emilio Aguinaldo as President, were elected in Tejeros
Convention held on March 22-23, 1897.
C. Government during the Revolutionary era
2. The Biak-na-Bato Republic
November 1, 1897 - a republic was established by Gen. Emilio Aguinaldo
in Biak-na-Bato (now San Miguel de Mayumo, Bulacan).
- it had a constitution which was to take effect for 2 years only.
- separation of the Philippines from the Spanish monarchy and their
formation into an independent state
- lasted up to December 15, 1897, with the coclusion 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, in the view of chaotic
conditions in the country, established the Dictatorial Government on May 23,
1898.
June 12, 1898 - Proclamation of Philippine Independence at Kawit, Cavite.
C. Government during the Revolutionary era
4. The Revolutionary Government (June 29, 1898)
- established by Gen. Aguinaldo 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 aims of the new government were
to struggle for the indepedence of the Philippines, until all nations including Spain wll
expressly recognized it, and to prepare the country for the establishment of a real
Republic.
5. The First Philippine Republic (September 15, 1898)
- a revolutionary Congress of Filipino representatives met in Malolos, Bulacan at
the call of the Revolutionary Government.
- this Constitution was the first democratic constitution ever promulgated in the
whole of Asia.
- free and independent philippine Republic ( a.k.a Malolos Republic) inagurated
on January 23, 1898 with Gen. Aguinaldo.
D. Governments during the American regime

1. The Military Government

- the American military rule in the philippines began on August 14, 1898,
the day after the capture of Manila.

2. The Civil Government

- pursuant to the so-called Spooner Amendment (on the army appropiation
act passed in the U.S Congress on March 3,1901) which ended the military
regime in the Philippines.
July 4, 1901 - the inagurated of the Civil Government in Manila headed
by a Civil Governor whose position was created on October 29, 1901.
D. Governments during the American regime
3. The Commonwealth Government of the Philippines
March 24, 1934- establishment of the Commonwealth Government of the
Philippines pursuant to an act of the United States Congress which is
commonly known as the Tydings-McDuffie Law.
- a form of government in transition toward independence.
- the Commonwealth of the Philippines ws republican in form under the
presidential type.

* the new government of the Commonwealth of the Philippines deemed successor to the
Government of the Philippine Islands, was inagurated on November 15, 1935, following
the first national election under the 1935 Constitution held on September 12, 1935, with
Manuel L. Quezon and Serrgio Osmena as President and Vice-President , respectively.
E. Governments during the Japanese occupation
1. The Japanese Military Administration ( January 3, 1942 )
- Under a proclamation issued by the Japanese High Command, the
sovereignity of the U.S over the Philippines was declared terminated.
2. The Philippine Executive Commission
- a civil government which compoed of Filipinos with Jorge B. Vargas as
chairman, was organized by the military forces of occupation
- the commission execised both the executive and legistative powers.
3. The Japanese-sponsored Republic of the Philippines ( October 14,
1943) - was inagurated with Jose P. Laurel as President.
- same character as the Philippine Executive Commission.
- August 17, 1945, President Laurel proclaimed the dissolution of the
Republic.
F. The Previous Philippine Republics
January 23, 1899 -- 1st Republic established under the Malolos
Constitution.
October 14, 1943 -- 2nd Republic under the Japanese-sponsored
Constitution.
July 4, 1946 -- 3rd Republic under the 1935 Constitution.
June 30,1981 -- 4th Republic was proclaimed by President Ferdinand E.
Marcos under the 1973 Constitution.

The present Republic came into being upon the ratifaction of the
1987 Constitution on February 2, 1987.
G. The Provisional Government of 1986
1. Revolutionary
- there is a definite acknowledgement in Proclamation No.3 that the
provisional government established thereunder was revolutionary in character
havimg 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 jurelde 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 power.
G. The Provisional Government of 1986
3. Constitutional and transitory
- the provisional government was not purely revolutionary one but a 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 ratification and effectivity of a permanent constitution.

4. Democratic
- installed by direct action of the people as a direct expression or
manisfestation of their sovereign will, and, therefore, it was based on the consent
of the governed or the approval of the people.
G. The Provisional Government of 1986

5. Powers
- a revolutionary government being a direct creation of the people,
derives its powers from the people to whom alone it is accountable.

6. The Provisional Constitution

- 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 Proclamation, certain
provisions of the 1973 Consitution.