2 - History of Local Government of the Philippines.pdf

LOCAL GOVERNMENT SYSTEM IN THE PHILIPPINES History of Local Government of the Philippines I. Pre-Spanish Government 1. Balangay/Barangay – Malayan word meaning “boat”. Each barangay was ruled by a chief called datu in some places (Mindanao: rajah, sultan, or...

LOCAL GOVERNMENT SYSTEM IN THE PHILIPPINES History of Local Government of the Philippines I. Pre-Spanish Government 1. Balangay/Barangay – Malayan word meaning “boat”. Each barangay was ruled by a chief called datu in some places (Mindanao: rajah, sultan, or hadji; Cordillera: apo, lakay, or pangat). The datu exercises three government powers: executive, legislative, and judicial powers. II. Spanish Government (1521 – 1898) 1. Spain’s Title to the Philippines prior to the discovery made by Ferdinand Magellan in1521, and the conquest by Miguel Lopez de Legazpi in 1565. 2. Spanish Colonial Government a. Government in the Philippines. The system employed by the Spaniards is unitary – Philippines was centralized in structure and national in scope. i. Barangays where reduced into barrios, and the datus who collaborated with the Spaniards become cabeza de barangay. ii. Barangays were consolidated into pueblos or municipio (municipalities), headed by a gobernadorcillo (Mayor), also popularly called capitan, and provinces (provincias), each headed by a alcalde-mayor who represented the Governor General in the provinces. iii. Cities under special charters were also created which had an ayuntamiento or cabildo (city council). 3. Central Government a. The Governor-General – exercise the highest power in the Philippine Islands. He had executive, administrative, military, legislative and judicial power. i. His powers include: Commander-in-chief of the Armed Forces & Vice-royal patron which exercised certain religious power. b. The Visita - The Council of the Indies in Spain sent a government official called the Vistador General to observe conditions in the colony. The Visitador General reported his findings directly to the King. c. The Royal Audencia – The Royal Audiencia served as an advisory body to the Governor General and had the power to check and a report on his abuses. The Audiencia also audited the expenditures of the colonial government and sent a yearly report to Spain. d. Frailocracy – The Spanish colonial government imparted administrative capacities to the Church. Spanish friars hold administrative/civil and advisory positions to each government units. Religious orders also hold vast hectares of land. e. Economic System i. Encomiendas (Early Spanish Period) – The Spaniards award some lands to some privileged and favored persons who assisted them in the pacification of the islands. Those who were awarded are called encomenderos. ii. Haciendas (Mid to late Spanish Period) – The Spaniards allowed hacienderos to buy and owned vast hectares of land in the Philippines. Those who owned the land are called hacienderos. III. Philippine Revolution & First Philippine Republic 1. Katipunan Government – It was organized by Andres Bonifacio on August 26, 1896. a. The central government of the Katipunan was vested in a Supreme Council (Kataastaasang Sanggunian). There were also Provincial Council (Sangguniang Balangay), a Popular Town Council (Sangguniang Bayan). The judicial power was exercised by the Judicial Council (Sangguniang Hukuman). b. The First Philippine Republic (Biak-na-Bato Constittuion and Malolos Constitution) – Ratifications were made upon the Proclamation of Philippine Independence at Kawit, Cavite and framed the so-called Malolos Constitution. Aguinaldo and Mabini gave more attention to the centralism because it was important to retain the unity of the islands. IV. American Period 1. The Military Government – American military rule began on August 14, 1898, the day after the capture of Manila during the Spanish-American War. It was well noted that the Americans continued the convenient system of centralization introduced by the Spaniards. a. The American Military Governors were Gen. Wesley Merritt (1 st), Gen. Elwell Otis (2nd) and Gen. Arthur MacArthur (3rd). b. The Americans renamed the provincias into provinces, cabildos into cities, and pueblos into municipalities. 2. The Civil Government a. Schurman Commission and Taft Commission – investigate Philippine conditions and recommendation that the US enforce its sovereignty over PH. b. The Philippine Bill of 1902/Philippine Organic Act of 1902/Cooper Act – The law allows appointment of two Filipino non-voting commissioners to the US Congress. It established of the Philippine Legislative branch called the Philippine Assembly. i. The 1902 Act also pave way for the creation of two regions, Mountain Province and Muslim Mindanao, and special laws governing Moros and other non-Christian peoples. c. Jones Law of 1916 – promise to help Philippines attain independence. d. Commonwealth Government of the Philippines – Tydings-McDuffie Law (March 24, 1934) - Commonwealth status was a form of government in transition towards independence. (The law provided 10 years transition period). V. Japanese Occupation & the Second Republic 1. Philippine Executive Commission – A civil government composed of Filipinos with Jorge B. Vargas as chairman, which is organized and subjected by the Japanese military forces. 2. Japanese-sponsored Republic of the Philippines (Second Republic)- was inaugurated by Jose P. Laurel as President on October 14, 1943 but the ultimate source of authority was the Japanese military authority. Under military authority, the governance is highly centralized. VI. Third Republic - 1935 Constitution 1. Under Joint Resolution No. 93 of the US Congress and after the Japanese has been vanquished, the Republic of the Philippines was formally inaugurated on July 4, 1946. 2. Centralism still thrived on the government system, however the 1935 Constitution mentioned local government in one section. Article VII, Section 10 provided that “the  President shall exercise general supervision over local governments as may be provided by law.” a. Various contributions to local governance through these statutes: i. Barrio Charter of 1959 – gave barrios legal character; ii. Local Autonomy Act of 1959 – gave broader powers to local governments; iii. Decentralization Act of 1967 – gave broader financial resources and fiscal powers to local governments; VII. Fourth Republic - 1973 Constitution 1. President Ferdinand Marcos proclaimed the birth of the Fourth Republic under the 1973 Constitution which as amended in a plebiscite on April 7, 1981, installing modified parliamentary system of government. a. Javellana v. Executive Secretary (G.R. No. L-36142, March 31, 1973; 50 SCRA 30) was a 1973 Supreme Court of the Philippines case that allowed the 1973 Philippine Constitution to come into full force. The case questioned the validity of Proclamation No. 1102, and specifically doubts the ratified by an overwhelming majority of all the votes cast by the members of all the barangays (citizens' assemblies) throughout the Philippines..." during the 1973 constitutional plebiscite. The Supreme Court dismissed the case for being moot and academic. 2. Martial Law strengthened the President’s power over local government despite the being imparted in a provision of the Declaration of Principles and State Policies (Article II, Section 10), an article (Article XI) on Local Government in the 1973 Constitution, and a creation of a Department of Local Government and Community Development by virtue of Presidential Decree No. 1. By Presidential Decree, President Marcos created and abolishes offices, rapidly changing the relationship between local and national government. a. Letter of Instruction (LOI) 356 of 1975 – President gained power to appoint local officials and replace them solely in the basis of performance audit. Elections of local officials was only restored in 1980. 3. Regionalization – Regionalization of administrative services was employed during the time of President Marcos. It allowed and instituted local government units to be serviced by extension personnel. VIII. Fifth Republic – 1987 Constitution 1. The national government became more responsive to the local government units. The 1987 Constitution. The 1987 offers salient features regarding local governments: a. Article II, Section 5: “The State shall ensure the autonomy of local governments.” b. Article X. The article emphasizes on “Local Government”. 2. Republic Act No. 7160 – Local Government Code of 1991 a. As state in Article X, Section 3, it has been enacted by the Congress to provide accountable local government system through a system of effective mechanism of decentralization. References: ▪ Atienza, M. L. (2006). Local Governments and Devolution in the Philippines. N. Morada & T. Tadem, Philippine Politics and Governance: An Introduction (pp. 415-437). Quezon: University of the Philippines' Department of Political Science. ▪ De Leon, H. (2014) Textbook on the Philippine Constitution. Manila: Rex Book Store. ▪ Joaquin, B. (2003) The 1987 Constitution of the Republic of the Philippines: A Commentary ▪ Largo, D. B. (2020). The Essentials of Local Government Law in the Philippines. Manila: REX Bookstore Inc. ▪ Lazo, R. (2013) Introduction to Political Science. Revised Edition. Manila: Rex Book Store ▪ Rodriguez, R. (2003) - Local Government Code of 1991 Annotated. Manila: REX Bookstore Inc. ▪ Tapales, P. D. (1995). Devolution and Empowerment: The Local Government Code of 1991 and Local Autonomy in the Philippines. In Proserpina D. Tapales, Nestor N. Pilar and Leonora D. Romblon (eds.). Public Administration by the Year 2000: Looking Back into the Future. (pp.395-408). Quezon City: University of the Philippines College of Public Administration Prepared by: Kurt Zeus L. Dizon Faculty-in-charge