Historical evolution of PH government structure

The history of the Philippines started at least 709,000 years ago due to the discovery of Pleistocene stone tools and butchered animal that remains associated with hominin activity. The earliest human was found in Tabon Caves in the island of Palawan dating about 47,000 years ago. Furthermore, the Negrito group was believed to be the first people to settle in the Philippines. As time passed, the Philippines was colonized by different countries.

Moreover, the Philippine government structure is a melting pot of different colonizers. Due to this, its government structure depends on its colonizers. The government structure of the Philippines can be classified as: a) Pre-Spanish; b) Spanish; c) American; d) Japanese; e) Philippine Republic; f) Martial Law; and g) Republic Revival.

1. Pre-Spanish period (before 1521)

Precedent to the Spanish colonialization, the Philippines was composed of independent communities or known as "barangays" which is named after "balangay", a Malayan word for "boat." Each barangay was ruled by a chief called Datu in some places, and Rajah, Sultan or Hadiji in others. The Datu was the chief executive, chief judge, military head, and law giver of the barangay. In other words, he holds the power of today's three branches of the government. However, in the execution of the Datu's duties, he was usually assisted by the council of elders. In addition, the Datu governed the barangay using native rules which are customary and mostly unwritten.

2. Spanish Period (1521-1898)

The Spanish period started from the time a Spanish expedition around the world led by Portuguese-born Spanish explorer Ferdinand Magellan sighted Samar Island but anchored off Suluan Island on March 16, 1521. He established friendly relations with some of the local leaders especially with Rajah Humabon and converted some of them to Roman Catholicism. Moreover, in this time, the Philippines was under the control of Spain. The government established by the Spaniards was centralized in structure and national in scope. The barangays that were once headed by the Datus was consolidated into towns which was headed by a Gobernadorcillo. And the towns were merged into provinces, each headed by a governor who represented the Governor General in the province. Furthermore, the governor-general has the executive, judiciary, administrative, and legislative powers. The Real Audiencia de Manila or known as the Spanish Supreme Court in the Philippines also exercised judicial functions through autos accordados.

Moreover, in between the Spanish and American period, most Philippine historians consider that the proclamation of General Emilio Aguinaldo's Philippine Independence on June 12, 1898 in Kawit, Cavite was the first Philippine Republic.

3. American Period (1898-1946)

The start of this period can be traced after the Battle of Manila Bay when Spain ceded the Philippines to the United States upon the signing of the Treaty of Paris on December 10, 1898. A military government was organized with the military governor as the chief executive exercising executive, legislative and judicial functions. Legislative function was transferred to the Philippine Commission in 1901, which was created by the United States President as commander-in-chief of the Armed forces and later ratified by the Philippine Bill of 1902. This same bill provided for the establishment of the First Philippine Assembly, which convened on October 16, 1907. The Jones law provided for the establishment of a bicameral legislative body on October 16, 1916, composed of the Senate and the House of Representatives.

The United States Constitution was recognized until the promulgation of the Philippine Constitution on February 8, 1935, signed by U.S. President Franklin Delano Roosevelt on March 23, 1935 and ratified at a plebiscite held on May 14, 1935.

The organic laws that governed the Philippines during this period were: President McKinley’s Instruction to the Second Philippine Commission on April 7, 1900; Spooner Amendment of 1901; Philippine Bill of 1902; Jones Law of 1916 and the Tydings McDuffie Law of May 1, 1934. The later law is significant for it allowed the establishment of a Commonwealth government and the right to promulgate its own Constitution. The 1935 Constitution initially changed the legislative system to a unicameral system. However, the bicameral system was restored pursuant to the 1940 Constitutional amendment. The Commonwealth government is considered as a transition government for ten years before the granting of the Philippine independence. Cayetano Arellano was installed as the first Chief Justice in 1901. The Majority of the Justices of the Philippine Supreme Court were Americans. Decisions rendered by the Supreme Court of the Philippines were appealed to the United States Supreme Court, which were reported in the United States Supreme Court Reports.

Manuel L. Quezon and Sergio Osmeña were elected as President and Vice-President respectively during the September 14, 1935 elections. In this election, President Quezon won over General Emilio Aguinaldo and Bishop Gregorio Aglipay, the President of the First Philippine Republic (1898) and the head of the Aglipayan church, respectively. This Commonwealth government went into exile in Washington DC during the Japanese period from May 13, 1942 to October 3, 1944. President Manuel L. Quezon died on August 1, 1944 and was succeeded by President Sergio Osmena who brought back the government to Manila on February 28, 1945.[1]

4. Japanese Period (1941-1944)

The bombing of the Clark military airbase by the Japanese marked the start of the Japanese Period in the Philippines. Jose Laurel established the Japanese Republic, he being the president and Jose Yulo as Chief Justice of the Supreme Court. However, the laws enacted were subject to the approval of the Commander-in-Chief of the Japanese forces. Moreover, the 1943 was ratified by a special convention of the Kapisanan sa Paglilingkod ng Bagong Pilipinas (KALIBAPI). The 1943 Constitutions, laws, and statutes became ineffective after the war. Furthermore, the Japanese Period only lasted for three years after the defeat of its forces.

5. Republic Period (1946-1972)

 A Philippine Republic was born on July 4, 1946 with the inauguration of Philippine independence. A republic means a government by the people and that sovereignty resides in the entire people as a body politic. The provisions of the 1935 Constitution defined the government structure, which provided for the establishment of three co-equal branches of government. Executive power rests in the President, legislative power in two Houses of Congress and judicial power in the Supreme Court, and inferior courts. Separation of powers is recognized.

Efforts to amend the 1935 Constitution started on August 24, 1970 with the approval of Republic Act No. 6132 where 310 delegates were elected on November 10, 1970. On June 1, 1971, the delegates of the Constitutional Convention met. While it was still in session, President Ferdinand E. Marcos declared Martial Law on September 21, 1972. The Constitutional Convention completed the draft Constitution on November 29, 1972. It was submitted for ratification through citizens’ assemblies on January 17, 1973. This is known as the 1973 Constitution.[2]

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[1] Ong, Milagros. 2018. Legal Research and Citations of the Philippines. 2nd edition.

[2] Id.