The Government of the Philippines in Transition

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 (consisting of more or less 100
families), named after balangay, a Malayan word meaning "boat" (thereby confirming the theory
that the early Filipinos came to the Philippines in boats).1

Every barangay was virtually a state, for it possessed the four (4) basic elements of
statehood. At times, however, some barangays joined together as "confederations" mainly for the
purpose of mutual protection against common enemies.

(2) Datu – Each barangay was ruled by a chief called datu in some places, and rajah,
sultan or hadji in others. 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 served as his advisers. One could be a datu chiefly by inheritance, wisdom,
wealth, or physical prowess. Divine Right Theory

In form, the barangay was a monarchy with the datu as the monarch.

(3) Social classes in the barangay. The people of the barangay were divided into four (4)
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. A legal system
already existed in the - Philippines even in pre-colonial times. The early Filipinos had both
written and unwritten laws.

1
The pre-Hispanic indigenous political divisions in the archipelago were called 'balangays' (each trip of
the wooden boat brought in about 30 people, building up to a balangay of about 1,000 people). The
'barangay' (a corruption of 'balangay' by the Spanish tongue) was maintained for administrative
purposes and for the practicality of containing peace within the areas. Through the three (3) centuries of
Spanish colonization, the 50 years of American rule, and about three (3) decades of independent
Philippine governance, the concept of the barrio as a loose, almost non-political administrative unit of
government worked well within the family-oriented Filipino culture.

On Sept. 21, 1974, martial law dictator Ferdinand E. Marcos issued Presidential Decree 557 officially
establishing the barangay as the smallest unit of government, supposedly to bring back the concept of
'bayanihan' or cooperative effort for the common good. Some say it was a foil for the extension of
martial law in 1976, which secured the vote of confidence of the people via citizens' assemblies at
grassroots level. Since then, the call name 'barrio' had disappeared from the Filipino vocabulary,
replaced by 'barangay,' which somehow kept the political twang insinuated by the Marcos reason for its
revival. The barangay is officially the most basic political unit defined in the 1987 Philippine
Constitution." (Amelia H.C. Ylagan, "The Balangay," Businessworld, Oct. 25, 2011, p. 4.)
 The written laws were promulgated by the datus. The two (2) 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 had
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 nations then at the head of
civilization."2

Government during the Spanish period.

(1) Spain's title to the Philippines. It was based on the discovery 3 made by Ferdinand
Magellan4, in 1521, consummated (completed) by its conquest by Miguel Lopez de Legazpi, 45
years later and long possession for almost four (4) centuries, until it was terminated in 1898,
when by the Treaty of Paris, the Philippines was ceded by Spain to the United States.

(2) Spanish colonial government. From 1565 to 1821, the Philippines was indirectly
governed by the King of Spain through Mexico because of the distance of the Philippines from
Spain. 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

2
See Gregorio F. Zaide, Phil. Government (1962), pp. 12-19; "A Rough Survey of the Pre-Spanish
Legislation in the Philippines," by Justice Norberto Romualdez, Phil. Law Journal, Nov. 1914, p. 179.

3
To the Western or, to be more specific, Spanish viewpoint, we were "discovered" by Magellan when he
and his ships accidentally arrived at our shores in 1521. This is a historical fallacy. How could Magellan
discover a place that already had people in it? From our perspective, the Spaniards were foreigners. Our
history and existence as a people began long before the "discovery" by Magellan. Our country already
had commercial relations with neighbors in the Asian region hundreds of years before Magellan was
born. Our forebears didn't ask our foreign invaders to come to our shores. They came to subjugate us, to
serve their colonial purposes. Truth to tell, the battle of Mactan on April 27, 1521 signaled to the world
the readiness of the Filipino people to defend their freedom.
4

A Portuguese, Magellan undertook his expedition of discovery under the auspices of King Carlos I of
Spain. He sailed westward from Europe and crossed the Pacific Ocean to Asia. According to historians,
he was the first to navigate the world and proved that the earth was round. Mercantilism or Mercantilist
system.
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 (3) 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 gobernadorcillo (little governor), popularly
called capitan, and the towns into provinces, each headed by a governor who represented the
Governor General in the province.5

Cities governed under special charters 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.6

(5) The Judiciary. - The Royal Audiencia 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 Audiencia, were two (2) Territorial Audiencias 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

5
It was the royal policy to respect the local customs and laws that did not violate the Gospel or Spanish
law. Spain converted the datu into the cabeza de barangay and co-opted him into the colonial
administration. Over the years, the barangay heads became the local aristocracy or principalia. The
Spanish colonial government, much derided in (erroneous?) history books, did not neglect the spiritual
welfare of the inhabitants.
6
In the administration of the Philippines, the Governor-General was assisted by many boards and
officers, particularly the Board of Authorities and the Council of Administration. 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).
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.

(6) Evaluation of the Spanish Government in the Philippines. - Spain ruled the
Philippines from 1571 to 1898. The government which Spain established in the Philippines was
defective. It was a 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 strifes
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;7
7
It is not true that the friars and the Spaniards were "heartless vultures" who "had cruelly abused our
ancestors," an idea that comes from some traditional history books. If such were the case, such great
Filipinos as Rizal, the Luna brothers, Mabini, and many others would have not turned out as good, in
some cases even better than their peers in Spain and other European nations. From Christianity to
culture, legal institutions, buildings, language, food, and arts, Spain has shaped the life and history of the
Filipino people. All these led some Filipino and Spanish scholars to call Spain the "Mother Country of the
Philippines" and the Philippines the "Daughter of Spain." The Spanish colonial policies embodied in the
Lay de Indios were considered benevolent, enlightened and humane. These policies were generally not
implemented or fulfilled in the Philippines which was very far from Spain. The Spanish monarchs
themselves had hardly any control over the behavior of the friars and colonial administrators who
lorded it over the native population for reasons of political and personal interests. The negative aspects
of Spanish colonial rule were highlighted by the new colonial rulers, the Americans, apparently to
bolster popular support for the established government, while a new language; English, was being
imposed on the Filipinos in place of the Spanish language disdainfully called the "language of the
conquerors."
"Historians praise the Spanish colonial code for its Christian spirit and human approach. Against the
prevailing racism with which the Europeans looked down on non-Europeans as inferior races, Spain
agonized and wrestled with its corporate conscience to find out how to treat the non-European subjects.
Described as the 'Spanish struggle for justice in the conquest of America,' the royal efforts led to the
early papal declaration in 1535, long before Abraham Lincoln's Gettysburg address, that all men are free
and equal, and may not be deprived of their freedom or their possessions. Since then, although very
slowly, human slavery has been banned.
Why did our ancestors have to wait for the Spaniards to teach us to build houses with windows? Very
simply, because in our tropical climate, windows did not seem necessary until they experienced
 (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.8

Reduccion Policy or strategy

Governments 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, 18929. The central government of the Katipunan was vested in a Supreme

something better." (Roots, by Jose S. Arcilla, Business World, Jan. 28, 2008, p. 5.)
8

See G.F. Zaide, Note 27, op. cit., pp. 34-35. Distance and lack of economic opportunities kept Spanish
migration to the Philippines at a minimum but the Spanish crown continued to sent missionaries.
Despite the weaknesses and failures of Spanish colonial rule, the missionaries eventually transformed
the islands into a single society united by the values and principles of Christian culture.

"Spanish culture continues to pervade Philippine culture. A third of the Philippine national language is
composed of Spanish loan words. Other Philip pine languages and dialects also incorporate numerous
Spanish words. The names of people and roads constantly remind us of our Hispanic heritage. Our
songs, cuisine, and modes of entertainment are also predominantly Hispanic in origin. Finally, the lasting
legacy of Spain in the Philippines is expressed in both the structures and the spirit that evidences the
long history and strength of our Christian faith." (Manila Bulletin Editorial, June 30, 2009, p. 10.)

R.A. No. 9187 (Feb. 5, 2003) declares June 30 of every year as "Philippine Spanish Friendship Day" to
commemorate the cultural and historical ties, friendship, and cooperation between the two (2)
countries. Incidentally, it was on this day in 1899 that President Emilio F. Aguinaldo signed a decree
declaring as friends, not prisoners of war, the Spanish soldiers who surrendered to the Filipino soldiers
after the long siege, of almost a year, of the Baler church in what is now Quezon Province where the
Spaniards had held out. The decree granted the Spanish soldiers safe conduct to return to Spain. In
issuing the decree, President Aguinaldo extended to the Spanish soldiers a brotherly appreciation of
their loyalty and defense of their country and the magnanimity of the Filipino heart. This gesture
reflected "the best qualities of the two (2) nations and paved the way for the continuing mutual respect
and the bond of friendship between the two (2) countries."
9
The Kataastaasan, Kagalanggalang Katipunan ng mga Anak ng Bayan or Katipunan for short was actually
the brainchild of Marcelo H. del Pilar. He tried to establish it in Manila in 1890 but succeeded only in
1892 through the help of his brother-in-law Deodato Arellano and other Filipino patriots. Del Pilar
envisioned the Katipunan to be the "weapon of the weak" against colonial rule in the country. The
founding of the radical Katipunan justified the Filipino people's resort to force because the colonial
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 10. It was replaced by another government whose 10
officials headed by Gen. Emilio Aguinaldo as President, were elected in the Tejeros Convention
held on March 22-23, 1897. Although several rebellions occurred in the past and their leaders
organized their own governments, the revolutionary government established at the Tejeros
Convention was the first government to unify all rebel forces. It was the first Filipino
government whose officials were freely elected by representatives of the people.

(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 (2) 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
"Pact 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.11

authorities aborted La Liga Filipina, the organization through which Filipino demands could be pursued
peacefully. With the death of Del Pilar, Bonifacio was thrust into the maelstrom of the Philippine
revolution. He became the moving spirit of the Katipunan. The word "Katipunan" suggests oneness.
10
Various reasons have been cited by historians why the Filipinos kept on revolting against Spanish rule
almost every year among which are: opposition to colonial abuses and impositions; dispossession of
their lands, failure to secure reforms, desire to return to their old practices and traditions, religious
motives, and even personal grievances. The strongest reason, however, was their consuming passion to
live free. Their repeated attempts impressed many Spanish chroniclers. One of them (Fray Casimiro
Diaz), wrote: "they are fierce lovers of freedom and enemies of subjection."

During the Spanish rule of the Philippines, there were many attempts by Filipinos and Spaniards to unite
the two (2) countries. Historians say that Filipino reformists led by Jose P. Rizal and Marcelo H. Del Pilar
first sought to make the Philippines a province of Spain. Only when their efforts failed did they advocate
the separation of the Philippines from Spain.
11
R.A. No. 4166 statutorily prescribes June 12 as Philippine Independence Day (see Note 12, Preamble)
Many events from 1521 when Magellan discovered the Philippines to 1896 when the Katipunan
spearheaded the successful revolution against Spain laid the foundations of June 12, 1898. Among these
events which depict the history of the Filipino people's struggle for freedom and self-rule are the Battle
 (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 aims of the new government 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." It sent diplomatic note to foreign nations, requesting them to
accord formal recognition to the Philippines as a free and independent nation.

of Mactan (April 27, 1521) where Lapu-lapu killed Magellan; the two (2) Battles of Bangkusay (May 24,
1570, June 3, 1571) involving Rajah Soliman who refused to make peace with the Spaniards led by
Miguel Lopez de Legaspi; the Revolt of the Lakans led by Magat Salamat (1587-1588); the Chinese
Revolts (1603, 1639-1640, 1662-1663); Malong, Magsanop, and Maniago Rebellions (1660-1661); Palaris
and Silang Rebellions in Pangasinan, Ilokos, and Cagayan (1762-1763); the Novales (1823), Palmares
(1827), Aznar (1838), Hermano Pule (1841), Cuesta (1854), etc., rebellions, and the Cavite Mutiny (1872)
whose most prominent victims were Fathers Gomez, Burgos, and Zamora. The declaration of
independence from Spain in Cavite II el Viejo (now Kawit, Cavite), the first of its kind in colonized Asia,
was the fulfillment of a three (3)-century old aspiration of Filipinos to be the masters of their own
country. The declaration, however, was neither recognized by the United States nor Spain. The "Act of
the Declaration of Independence" was written and read by Ambrosio Pranzares Bautista in Spanish.

When Gen. Aguinaldo declared Philippine independence on June 12, 1898, the revolutionary forces
were already in effective control of strategic parts of the country.

"Occupation Day was a nonworking holiday during the American colonial regime, celebrated on August
13. It commemorated what many Filipino historians now call 'Mock Battle of Manila.' On that ignoble
day, the troops of the Philippine Revolutionary Army under Gen. Emilio Aguinaldo were barred by
Americans from entering Intramuros to receive the surrender of the Spanish colonial government.
Instead, Spain and the USA exchanged a few shots and at the end of the charade the former
surrendered to the latter.

During the Filipino-American War that ensued and after the US armed forces destroyed the First
Philippine Republic, they seized more than three tons of documents from captured forces, bodies of
dead Filipino fighters and public buildings taken over by local governments set up by the First Republic.
The war booty shipped to Washington D.C. and John R.M. Taylor, an American intelligence officer, was
assigned to analyze and select, translate and put together 'insurgent records' to disinfect any telltale
odor of imperialism clinging to it.' Wrote American historian William Henry Scott. Far from justifying the
American invasion after the Mock Battle of Manila,' the Philippine Insurrection Records,' as Taylor
entitled his opus, proved that the Filipinos who had already won the revolution against Spain were
fighting a war of self defense against a foreign aggressor [the USA] and were indubitably capable of self-
government in 1898. Taylor had compiled hundreds of decrees, administrative orders, appointments,
commissions, implementing rules and regulations, even census figures budgets, payrolls, voluminous
records of judicial cases and proceedings of an infant government on the run but functioning, under the
 (5) The First Philippine Republic. – On September 15, 1898, a revolutionary Congress of
Filipino representatives met in Malolos, Bulacan at the call of the Revolutionary Government.
After the promulgation of the so-called Malolos Constitution on September 15, 1898, the
Malolos Congress formally ratified on September 29, 1898 the proclamation of Philippine
independence made by Gen. Emilio Aguinaldo in Kawit, Cavite on June 12, 1898. This
Constitution was the first democratic constitution ever promulgated in the whole of Asia. It
established a "free and independent Philippine Republic" (also then called the "Malolos
Republic") which was inaugurated on January 23, 1899 with Gen. Aguinaldo as President
defining its structure and articulating its vision!

The establishment of the Philippine Republic12, following the proclamation of Philippine

independence by Gen. Aguinaldo, capped our forefathers' struggle against colonial rule, which
began when foreigners set foot on our native soil in 1521. It was, however, not recognized by the
United States of America nor 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, 1901.13

In February, 1899, the United States annexed the Philippines as a result of the Spanish-
American War of 1898¹ 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.

Governments during the American regime.

(1) The Military Government. – The American military rule in the Philippines began on
August 14, 189814, the day after the capture of Manila. The existence of war gave the President

most difficult wartime conditions." (Gemma Cruz-Araneta, Landscape, Manila Bulletin, Aug. 11, 2009, p.
11.)
12
Proclamation No. 533 (Jan. 9, 2013) designates January 23 of every year as "Araw ng Republikang
Pilipino 1899," to commemorate the establishment of the First Philippine Republic on January 23, 1899,
at the historic Barasoain Church in Malolos, Bulacan.
13
See G.F. Zaide, Note 27
14
Under the Treaty of Paris (Dec. 10, 1898), that ended the Spanish American War, Spain ceded the
Philippines to the United States for an agreed indemnity in the amount of P20 million. The treaty
formally ended the Spanish-American War and transferred sovereignty over the Philippines and its eight
(8) million inhabitants to the United States. To the Filipino people, their fate and future were
determined by foreign powers without their consent. The treaty started the bloody Filipino-American
War, the "first Vietnam War," according to some historians, and killed the fledging Filipino republic. In
waging their war against the treaty, our forefathers established before the community of nations, the
"Filipino" identity of the country's inhabitants as fierce defenders of freedom and valiant foes of foreign
of the United States the power to establish a Military Government in the Philippines, as
Commander-in-Chief of all Armed Forces of the United States. His authority was delegated to
the military governor who exercised as long as the war lasted, all powers of government -
executive, legislative, and judicial.15

(2) The Civil Government. Pursuant to the so-called Spooner Amendment (on the army
appropriation act passed in the U.S. Congress on March 3, 1901) which ended the military
regime in the Philippines, the Civil Government was inaugurated in Manila on July 4, 1901,
headed by a Civil Governor whose position was created on October 29, 1901. The Civil
Governor (the title was later changed to Governor General on February 6, 1905) also exercised
legislative powers. He remained as President of the Philippine Commission, the sole law-making
body of the government from 1901 to 1907.16

From 1902 to 1916, the Philippine Bill of 1902 was the basic law for the Philippine
government. It provided for the creation of the Philippine Assembly to be composed of Filipinos
elected by the people. From 1907 to 1916, the Philippine Commission acted as the upper house
of the legislative branch with the Philippine Assembly serving as the lower house. The
Philippines was represented in the United States by two (2) Resident Commissioners who were
elected by the Philippine Legislature. These commissioners had seats in the United States House
of Representatives, receiving the same emoluments and other privileges as the American
members of that body, but without the right to vote."17 The Jones Law of 1916 became the new
organic or basic law for the Philippines. This law vested the legislative power in an all-Filipino
lawmaking body composed of the Philippine Senate and the House of Representatives. The first
replaced the Philippine Commission. It promised in its preamble to grant the Philippines
independence as soon as the Filipinos could establish stable government.18
subjection. They were described as bandits and criminals by the colonial rulers and the legitimate war by
the Filipinos against foreign aggression, as the "Filipino insurgency." We must correct this grievous error
in our nation's history by giving due recognition and honor to the heroism and valor of our forefathers.
15
The first American Military Governor was General Wesley Merritt, the second, was General Elwell E.
Otis, and the third and last, was Major General Arthur MacArthur.
16
The Philippine Commission enacted repressive laws such as the 1901. Sedition Act, which considered
seditous the advocation of Philippine independence by any Filipino, the 1902 Brigandage Act, which
prohibited formation of groups of more than two (2) members, the 1903 Reconcentration Act, which
allowed reconcentration of populations of towns with peace and order problems, and the 1907 Flag
Law, which prohibited the public display of the Filipino Flag and other flags of the revolution. The Flag
Law was repealed on October 30, 1919 consequent to the passage by the United States Congress of the
Jones Law of 1916 which gave domestic autonomy to the Filipino people.
See G.F. Zaide, Note 27, op. cit., pp. 54-55.
17

18
The first Civil Governor was Judge William H. Taft (1901-1903). He was succeeded by Luke F.
Wright (1904-1906) who was the first American to enjoy the title of Governor-General of the
Philippines. The last Governor-General was Frank Murphy (1933-1935) who was also the first
High Commissioner of the United States to the Philippines upon the inauguration of the
Common wealth Government of the Philippines.
 (3) The Commonwealth Government of the Philippines. The next stage in the political
development of the Filipinos was the establishment of the Commonwealth Government of the
Philippines pursuant to an act of the United States Congress on March 24, 1934, commonly
known as the Tydings-McDuffie Law.19 The commonwealth status was a form of government in
transition toward independence. Among other things, the law provided for a transition period of
ten (10) years during which the Philippine Commonwealth would operate and at the expiration of
said period on July 4, 1946, the independence of the Philippines would be proclaimed and
established.

The new government of the Commonwealth of the Philip pines, deemed successor to the
Government of the Philippine Islands, was inaugurated on November 15, 1935, following the
first national election under the 1935 Constitution held on September 12, 1935, with Manuel L.
Quezon20 and Sergio Osmeña, as President and Vice-President, respectively.

The Commonwealth Government of the Philippines was republican in form under the
presidential type. The legislative power was first vested in a unicameral National Assembly and
later in a bicameral Congress composed of the Senate and the House of Representatives. The
judicial power was vested in the Supreme Court and inferior (i.e., lower) courts provided by law.
The Government of the Commonwealth of the Philippines was very autonomous. The Filipinos
had almost complete control over the domestic affairs, the United States retaining control only
over matters involving foreign affairs.

During World War II, the Commonwealth Government functioned in exile in Washington
from May 13, 1942 to October 3, 1944. It was re-established in Manila on February 27, 1945
when Gen. Douglas MacArthur, in a ceremony held at Malacañang Palace on behalf of the
United States Government, turned over to President Osmeña the full powers and responsibilities
of the Commonwealth Government under the (1935) Constitution.

Governments during the Japanese occupation.

(1) The Japanese Military Administration. – It was established in Manila on January 3,

1942, one day after its occupation. Under a proclamation issued by the Japanese High Command,
the sovereignty of the United States over the Philippines was declared terminated. It was

(2) The Philippine Executive Commission. – A civil government known as the Philippine
Executive Commission composed of Filipinos with Jorge B. Vargas as chairman, was organized
by the military forces of occupation. The commission exercised both the executive and
legislative powers. The laws enacted were, however, subject to the approval of the Commander-
in-Chief of the Japanese Forces. The judiciary continued in the same form as it was under the
Commonwealth. However, it functioned without the independence which it had traditionally
enjoyed.21
19
Under this law, a Constitutional Convention was convened, which drafted the 1935 Constitution. (see E, infra.)
20
In pressing for independence from the United States, he was quoted to have said; "I would prefer a government
run like hell by Filipinos than like heaven by Americans."
21
Zaide
 (3) The Japanese-sponsored Republic of the Philippines. – On October 14, 1943, the so-
called Japanese-sponsored Republic of the Philippines was inaugurated with Jose P. Laurel as
President. It was of the same character as the Philippine Executive Commission. Like the latter,
the ultimate source of its authority was the Japanese military authority and government 22. On
August 17, 1945, President Laurel proclaimed the dissolution of the Republic.

The previous Philippine Republics.

(1) Under Joint Resolution No. 93, approved by the United States Congress on June 29,
1944, 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 to July 4, 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 17, 1973, after the declaration of martial law on September 21,
1972.

(2) 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 the 1935 Constitution. President Ferdinand E. Marcos, in his
inaugural address on June 30, 1981, proclaimed the birth of the Fourth Republic under the 1973
Constitution which, as amended in a plebiscite on April 7, 1981, installed a modified
parliamentary system of government23, thus making himself, its first President. All in 23 all,
there were nine (9) Presidents24 in the previous three (3) republics, including President Marcos in
his two (2) terms in the Third Republic.25

22
Co Kim Chan vs. Valdez Tan Keeh, 75 Phil 113
23
See "Principle of separation of powers" under Art. VI, Sec. 1.
24
Namely: Emilio Aguinaldo (1898-1901), Jose P. Laurel (1943-1945), Manuel A. Roxas (1946-1948), Elpidio Quirino
(1948-1953), Ramon Magsaysay (1953-1957), Carlos P. Garcia (March 1957-1961), Diosdado P. Macapagal (1961-
1965), and Ferdinand E. Marcos (1965-1986).
25
The last 14-year rule of President Marcos from the declaration of martial law on September 21, 1972 until his
overthrow on February 25, 1986 by the so-called "people power revolution," was generally characterized as
dictatorial or authoritarian, repressive and corrupt. The public perception was that Marcos, his wife, and their
cronies fully exploited the country's resources for their personal aggrandizement and plunged the country into
deep debt (about $25 billion). In that entire stretch of Marcos rule, the Philippines dropped from what was once
the region's second (next to Japan) most prosperous economy in Asia five (5) decades ago to Asia's "sick man" in
the early 90s.
 The present Republic came into being upon the ratification of the 1987 Constitution on
February 2, 1987.26

The Provisional Government of 1986.

Before Corazon C. 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 (4)-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
"fundamental law" (not the "Constitution") 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 thereunder
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 it gains 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 a 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 resistance whatsoever
anywhere in the Philippines and the recognition of practically all foreign governments.

(3) Constitutional and transitory. The provisional revolutionary government was not a
purely revolutionary one but a hybrid constitutional revolutionary government, i.e., a
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 effectivity 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.

26
With the ouster of President Marcos, Corazon C. Aquino (Feb. 25, 1986 June 30, 1992), became the President,
followed by Fidel V. Ramos (July 1, 1992-June 30, 1998), Joseph E. Estrada (July, 1998-Jan. 20, 2001), and Gloria
Macapagal-Arroyo (Jan. 20, 2001-June 30, 2010); Benigno C. Aquino, III (July 1, 2010-present). (see Note 94 to Art.
VI, Sec. 32.) From 1898 to present, we have 15 Presidents, including Manuel Quezon (1935-1944) and Sergio
Osmeña (1944-1946) who both served as Commonwealth Presidents. Macapagal-Arroyo
 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.

(4) Democratic. – 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 or the approval of the
people.

(5) 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 the Provisional Constitution, the revolutionary government
opted to abide with and to subject itself to the provisions thereof, pending approval of a new
charter.

(6) 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 Proclamation, certain
provisions of the 1973 Constitution.

By its very nature, the Provisional Constitution (as well as the revolutionary government
which operated under it) self-destruct upon the ratification and effectivity of the new
Constitution on February 2, 1987. (Art. XVIII, Sec. 27.)