II . HISTORY OF LOCAL GOVERNMENT OF THE PHILIPPINES.pdf

LOCAL GOVERNMENT IN THE PHILIPPINES POS 412 Sy, Reese Nichole F. B.A POLIT SCI 4 HISTORY OF LOCAL GOVERNMENT OF B. Spanish Colonial Government THE PHILIPPINES...

LOCAL GOVERNMENT IN THE PHILIPPINES POS 412 Sy, Reese Nichole F. B.A POLIT SCI 4 HISTORY OF LOCAL GOVERNMENT OF B. Spanish Colonial Government THE PHILIPPINES Government in the Philippines: → System employed by the Spaniards: I. PRE-SPANISH/COLONIAL UNITARY GOVERNMENT → The Philippines was centralized in structure and national in scope. | Balangay/Barangay – Malayan word Spanish East Indies - Indias Orientales meaning “boat”. españolas → “ancient cities of states” → established colony of Miguel Lopez de Legazpi Each barangay was ruled by a chief (1) Laws of the Indies - Leyes de las Indias Visayan Balangay Datu → law crafted by Spanish Monarchy on and /Barangay how to govern your colonies Tagalog → Provided the organic structure for the PH Northern, Illies apo, lakay, islands Ilocano, or pangat and SPANISH GOVERNMENT Cordilleran ❖ Barrios (Basic Unit of PH society) ❖ Pueblos (Group of Barrios) Mindanao Sultanates Rajah, Sultan, or hadji (2) Maura law - prescribed the political structure of the Philippines → The datu exercises three government powers: executive, legislative, and judicial LEADER powers. Barrios Cabeza de lowest Barangay (former II. SPANISH GOVERNMENT barangays) (1521 – 1898) Municipio/P Gobernado Group of ueblos rcillo/Capit Barrios A. Spain’s Title to the Philippines prior an (Mayor) Pueblos - if to the discovery made by Ferdinand smaller Magellan in1521 and the conquest by Miguel Lopez de Legazpi in 1565. Provincias Alcalde-ma group of yor Municipio/Pu eblos | Miguel Lopez de Legazpi- First Governor General of the Philippines Cities ayuntamie under special nto charters LOCAL GOVERNMENT IN THE PHILIPPINES POS 412 Sy, Reese Nichole F. B.A POLIT SCI 4 → Spanish friars hold administrative/civil or cabildo (city and advisory positions to each government council). units. → Religious orders also hold vast hectares of land. ❖ Cities/ Captain C General → governed by Governor General → ★ Economic System Viceroyalty of Nueva Espana i. Encomiendas (Early Spanish Period) (Mexico) → King of Spain – The Spaniards awarded some lands to some privileged and favored persons who CENTRAL GOVERNMENT assisted them in the pacification of the | Governor General - exercise the highest islands. power in the Philippine Islands. – Those who were awarded are called → He had executive, administrative, encomenderos. military, legislative and judicial power. ii. Haciendas (Mid to late Spanish Period) His powers include: – The Spaniards allowed hacienderos to (1) Commander-in-chief of the Armed buy and owned vast hectares of land in the Forces Philippines. – Those who owned the land (2) Vice-royal patron which exercised are called hacienderos. certain religious power. ★ The Royal Audencia - Judiciary III. PHILIPPINE REVOLUTION & Head: Governor General FIRST PHILIPPINE REPUBLIC → Audiencia served as an advisory body to the Governor General | Katipunan Government - Centralized → power to check and report on his abuses. structure | It was organized by Andres → The Audiencia also audited the Bonifacio on August 26, 1896. expenditures of the colonial government and sent a yearly report to Spain. Local Structures/Chapters - Sanggunian Supreme Kataastaasang ★ The Visita - Commission on Audit Council Sanggunian → Can directly report to Viceroyalty central government → The Council of the Indies in Spain sent a government official called the Provincial Sangguniang Bayan Vistador General to observe conditions in Council the colony. Popular (Sangguniang Balangay → The Visitador General reported his Town findings directly to the King. Council ★ Frailocracy - The Spanish colonial Judicial Sangguniang Hukuman government imparted administrative Council capacities to the Church. LOCAL GOVERNMENT IN THE PHILIPPINES POS 412 Sy, Reese Nichole F. B.A POLIT SCI 4 | First Philippine Republic - Emilio ★ PHILIPPINE ORGANIC ACT OF Aguinaldo 1902 (COOPER ACT) 2 Constitution: Biak na Bato and Malolos → Crafted Law (named bill) Constitution → based on report Taft Commission → highly centralized (top to bottom) → Ratifications were made upon the Part of America but with Autonomy: Proclamation of Philippine Independence at FEATURES: Kawit, Cavite and framed the so-called A. Representative in US Congress – Malolos Constitution. PH commissioners with no voting power but can raise and lobby ph | Aguinaldo and Mabini gave more attention sentiments to centralism because it was important to (1) Quezon retain the unity of the islands. (2) Osmena B. 3 branches of Government IV. AMERICAN PERIOD Executive American Governor General appointed directly by 1. Military Rule/Insulares America’s President Government – August 14, 1898, the day after the capture of Manila Legislativ Bicameral during the Spanish-American War. e A. PH commission (Senate) (still centralization) → Appointed Americans B. PH Assembly (HOR) The American Military Governors were: → Elected Filipinos (1) Gen. Wesley Merritt (1st) House Speaker: Sergio (2) Gen. Elwell Otis (2nd) Osmena (3) Gen. Arthur MacArthur (3rd). The Americans renamed: Judiciary Supreme Court but US provincias → provinces appointed Cabildos → cities pueblos → municipalities. CIVIL GOVERNMENT C. 2 special regions directly Composition: 2 Commissions (Schurman governed by Americans: and Taft Commission) (1) mountain province → investigate Philippine conditions and (2) Muslim Mindanao recommend that the US enforce its (3) and special laws governing Moros sovereignty over PH. and other non-Christian peoples. “Organic Structure” - Philippines is and ★ JONES LAW OF 1962 - promise to organ of US help the Philippines attain independence. PH Commission → Senate LOCAL GOVERNMENT IN THE PHILIPPINES POS 412 Sy, Reese Nichole F. B.A POLIT SCI 4 Composition: Purely Filipino Legislative → Under military authority, the governance branch is highly centralized. Senate President and Speaker: Automatic members of PH commission to the US Congress VI. THIRD REPUBLIC - 1935 Preamble: Promise of Independence of the CONSTITUTION PH without specific date → Under Joint Resolution No. 93 of the US ★ TYDINGS-MCDUFFIE LAW of Congress and after the Japanese has been March 24, 1934 (Third Republic but vanquished, the Republic of the Philippines not fulfilled) – Commonwealth status was formally inaugurated on July 4, 1946. was a form of government in transition towards independence. July 4, 1946 - implementation of Tydings → Commonwealth Government of the (3rd Republic) Philippines → Legislative remains 1935-1972 – Centralism still thrived on the → Executive: Filipino President government system, however the 1935 → Provides 10 year transition to Constitution mentioned local independence government in one section. ❖ Article VII, Section 10 provided that From 1934 → 1935 Constitution (still “the President shall exercise general centralized) → 1944 supervision over local governments as may be provided by law.” V. JAPANESE OCCUPATION & THE SECOND REPUBLIC a. Various contributions to local governance through these statutes: Philippine Executive Commission – i. Barrio Charter of 1959 – gave barrios Structure is centralized legal character; → A civil government composed of ii. Local Autonomy Act of 1959 – gave Filipinos: broader powers to local governments; ❖ Jorge B. Vargas → chairman, which iii. Decentralization Act of 1967 – gave is organized and subjected by the broader financial resources and fiscal Japanese military forces. powers to local governments; → No separation of powers → No LGU autonomy since its wartime VII. FOURTH REPUBLIC - 1973 CONSTITUTION (CENTRALIZED) | Japanese-sponsored Republic of the Philippines (Second Republic) - Local Autonomy was embedded first → iinaugurated by Jose P. Laurel as time on the constitution of the President on October 14, 1943 Philippines → but the ultimate source of authority was the Japanese military authority. LOCAL GOVERNMENT IN THE PHILIPPINES POS 412 Sy, Reese Nichole F. B.A POLIT SCI 4 | President Ferdinand Marcos proclaimed the birth of the Fourth Republic under the LOI 357 of 1975 – all local chief executive 1973 Constitution which as amended in a are to be appointed by the president plebiscite on April 7, 1981, installing → The President gained power to appoint modified local officials and replace them solely in the parliamentary system of government. basis of performance audits. Elections of local officials were only restored in 1980. Javellana v. Executive Secretary (G.R. No. L-36142, March 31, 1973; 50 SCRA Regionalization – Regionalization of 30) administrative services was employed during the time a 1973 Supreme Court of the Philippines of President Marcos. case that allowed the 1973 Philippine → It allowed and instituted local government Constitution to come into full force. The units to be serviced by extension personnel. case questioned the validity of Proclamation No. 1102, and specifically doubts the ratified by an overwhelming | Integrated regionalization plan - majority of all the votes cast by the program wherein tried to shape philippine members of all the barangays (citizens' political administrative regions assemblies) throughout the Philippines..." (Regionalization) during the 1973 constitutional plebiscite. The Supreme Court dismissed the case for being moot and academic. ❖ Martial Law Barrio→ Barangay - established the Barangay Citizen Assembly (highly Martial Law strengthened the President’s centralized) power over local government despite the —- was used as an electoral mechanism being imparted in: (1) a provision of the Declaration of VIII. FIFTH REPUBLIC – 1987 Principles and State Policies (Article CONSTITUTION II, Section 10) (2) an article (Article XI) on Local Crafters of Constitution: Constitutional Government in the 1973 Constitution Commissioners attempt to decentralize the (3) a creation of a Department of Local political structure Government and Community 1. Embedded: Development by virtue of a. Article II, Section 25: “The State shall Presidential Decree No. 1. ensure the autonomy of local governments.” b. Article X. The article emphasizes on By Presidential Decree “Local Government”. Recognizes 2 → President Marcos created and abolished autonomous region. offices, rapidly changing the relationship between local and national government. 2. Republic Act No. 7160 – Local LOI - Letter of Instruction like an executive Government Code of 1991 order a. As state in Article X, Section 3, it has PH → all government agencies been enacted by the Congress to provide LOCAL GOVERNMENT IN THE PHILIPPINES POS 412 Sy, Reese Nichole F. B.A POLIT SCI 4 accountable local government system ✓ According to the centralization of through a system of effective mechanism of power decentralization. Statutes regarding CAR RA 6766 of 1990 - failed because only ifugao voted yes RA 8438 of 1997 - 1998- Plebiscite but only Kalinga and Apayao voted yes CPA - initiated the autonomy ARMM RA 6734 of 1989 - approved by the people RA 954 of 2001 RA 11054 - BARMM LOCAL GOVERNMENT SYSTEM IN THE PHILIPPINES Type of Government based on the Centralization of Power Unitary Government ✓ According to number of rulers : One in which the control of national and MADTOM local affairs is exercised by the central ✓ According to leader: Presidential/ government or national government. Parliamentary ✓ According to Legislative Body: Legal Basis Unicameral/ Bicameral LOCAL GOVERNMENT IN THE PHILIPPINES POS 412 Sy, Reese Nichole F. B.A POLIT SCI 4 Article X, Section 2: The territorial and political subdivisions shall enjoy local autonomy. Article X, Section 4: “The President of the Philippines shall exercise general supervision over local governments…” RA 7160: Unitary BUT ensures “decentralization Federal Government One in which the powers of government are divided between two sets or organs, one for national affairs and the other for local affairs, each organ being supreme within its own sphere. DELEGATION OF POWERS (PROCESS): CENTRALIZED VS DECENTRALIZED LOCAL GOVERNMENT IN THE PHILIPPINES POS 412 Sy, Reese Nichole F. B.A POLIT SCI 4 Current Framework: “Central or national government has Centralization Decentralization supreme power and authority over all its National Unity- Participation- Local or constituent or local units.” Central government regional government is But: State shall balance “national alone articulates the certainly more effective interest with local autonomy” [national interests of the than central interest (subordination principle) with local whole nation rather government in autonomy] than the various providing opportunities parts. for citizens to Demands for Federalism participate in the ★ Philippine Case: Current framework political life of the (decentralization) lacks local needs. community. ★ US jurisprudences Uniformity- The Responsiveness- “Dual sovereignty system” (Dual Jeopardy Central government Peripheral institutions Clause) between the states and the federal can establish are usually closer to government. uniform laws and the people and more public services. sensitive to their → Although the Supremacy Clause of the needs. Constitution designates federal law as supreme to state law, other provisions of the Equality- Legitimacy- Physical Constitution prohibit the national Decentralization has distance from government from enacting laws that either the disadvantage government affects the exceed federal power or improperly impinge that it forces acceptability or upon state sovereignty (Hickey, 2023). institutions to rely on rightness of its the resources decisions. Decisions CASE: Gonzales v Raich (2005) : available in their made at local level are Commerce Clause & Federal Encroachment locality or region. more likely to be seen Principle (State/Local Laws) vs Supremacy Only central as intelligible and Clause (Federal Laws) government can legitimate. rectify those inequalities. Prosperity- Liberty- Economic Decentralization development and protects liberty by centralization dispersing government invariably go hand in power, hand. therefore creating a new network of check and balance.