Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Governance
CONCEPTS OF GOVERNMENT
Government refers to the agency of the state through which its will is formulated,
expressed, and implemented. A state is, of course, more permanent than a
government. Since the declarations of our statehood in 1898, the Philippines have
already five republican systems of government, and one dictatorship
Modern democratic societies are governed by the Rule of Law. They have
adopted constitution that reign supreme in their polities and these were accepted
and obeyed by both political leaders and the people. The political relationship in
such constitutional governments is based not on the use of forces but on reason
and truth, morality, and consent.
A. In a country where more than half of the population is poorly educated and
misinformed about public issues, many people may vote out of personal
reasons and base their not on issues and qualifications of candidates. A
popularly elected president, therefore does not guarantee effective and good
governance. In the Philippine presidential system, is seems that PhD
professors of Politics and Governance may no longer have a chance against a
movie superstar in any election for national leadership assuming that the
latter had built-in edge in popularity through constant media exposure.
B. For tactical reasons, all legislature dominated by the opposition can hinder or
delay the passage of government-sponsored bills for the purpose of
discrediting a weak president and improve their chance capturing the
presidency in the next elections. Thus, unless the president could muster the
required majority pro-administration allies in Congress, continuous political
maneuverings, bickering, and horse-trading are expected among the
lawmakers.
3. Justice - The Roman law refers it to the phrase Render to each his due Marx
defines it by the slogan From each according to his abilities and to each
according to his needs." Adler (1963) also states that justice treats equals
equally and unequals unequally in proportion to their inequality
Without justice, who will punish wrongdoers and criminal offenders? Without it,
who will prevent exploitation of the weak from the powerful? Who will stop
discrimination or oppression?
1. EQUALITY.
The concept of equality has confronted many of the best thinkers of the
past several centuries: from Locke and Rousseau to the eminent social critic
Aldous Huxley. Man is by nature free, equal and independent," insists Locke.
Jose Rizal re-asserted that concept when he also declared: man is born equal,
free, naked, and without chains, Is equality, therefore, a natural attribute,
inborn in all human beings? Or is it a myth created by men for some purpose in
a specific piece and time? Harold Laski (1958) claims that equality is one of
the permanent passions of mankind and its achievement will lead to the
natural expansion of the human spirit. Rossiter (1962), however, holds the
opposite view that men are grossly unequal...in most qualities of mind, body
and spirit. Aldous Huxley (1955) also insists that equality is a concept invented
by man to mask, and justify his natural self-interest. Now, is the concept of
equality attainable as a politically correct concerns?
Political equality means the equal right of every citizen to participate in the
political process and to be treated equally by it. It includes equal protection of
the laws of the state the right to vote and to hold office. Economic equality,
however, seems a quixotic function in Third World capitalistic States like ours as
its standard definition by itself says it.
Economic equality is obtained when every citizen has approximately the same
amount of material goods. In the Philippines where two thirds of the people are
poor and ill-educated, can politics attain the conditions that would obtain
economic equality for the citizenry? Ironically, this has been the objective of
every government administration since Philippine independence in 1946.
2. FREEDOM
1. PRE-SPANISH GOVERNMENT
The political unit was the barangay, which was composed of 30 to 100
families. The term barangay was derived from the Malay word balangay"
meaning boat, which the early Malay settlers used in coming to the Philippines.
The barangay was a monarchy ruled by a Chieftain called Datu, Hari or Rajah (in
Muslim communities). Each barangay was independent and was considered
village state for having the elements of statehood.
The Chieftain had great powers. He was chief executive and chief judge of
the barangay. As a lawmaker, he got counsel and advice from village elders. In
time of war, he was the Supreme Commander of the barangay forces.
The barangay, although monarchial in form, was a consultative
government The Datu consulted with the village elders on matters like political
alliance with other barangays, or the declaration of war with an enemy. The Datu
could not make judicial decisions without the approval of the elders on certain
crimes.
Baranganic Relations
The Barangays carry on trade and commerce among themselves. They
concluded treaty of friendship and alliance with each other through the ritual the
sanduguan (blood compact).
Some barangay confederations were formed through the marriage of a noble
of one barangay with a princess of another barangay. Barangays also merged for
protection against enemies.
Baranganic wars were caused by, among others: maltreatment or murder of
a member of one barangay by another, and rape or abduction of the wives and
women.
The colony was administered by the Council of the Indies; the body that
was created to help the Spanish monarch in administering overseas colonies. In
1821, the year Mexico was separated from Spain, the Philippines was directly
administered from Spain. In 1863, another body was created: the Ministry of the
Colonies (Ministerio Del Ultramar), which was assisted by the Council of the
Philippines.
The laws governing the Spanish colonies like Mexico and Latin America were
compiled and published into a code called Leyes de Indias (Laws of the Indies).
These laws were also applied to the Philippines. Other Spanish laws that were
enforced in the Philippines were the Leyes de Taro, Siete Partidas, and La
Novisema Recopilacion.
3. MALOLOS REPUBLIC
A. Dictatorial Government
When Aguinaldo arrived at Cavite in 1898 to resume 'the Revolution, he had
first with him a draft of a constitution prepared by Mariano Ponce for the creation
of a Revolutionary Government. Ambrosio Rianzares Bautista, his adviser, however,
persuaded him that the country was not yet prepared for a Revolutionary
Government, and because of the critical conditions brought by the war, a
Dictatorial Government was needed. On May 24, 1898 through a decree, Aguinaldo
established a Dictatorial Government. The decree also nullified all orders issued
under the Biak Na Bato Republic and that the Dictatorial Government was only
temporary in nature and was to last until peace and liberty be attained. One of
the first official acts of the Dictatorial Government was Aguinaldo's Circular on May
29, 1898, urging the humane treatment of Spanish prisoners of war. The Dictator
also ordered that all crimes must be prosecuted by military courts. The most
important achievement of the Dictatorial Government was the declaration of
Philippine Independence on June 12, 1898 at Kawit (Cavite el Viejo).
B. Civil Government
Congress passed the Spooner Amendment, a rider" to the Us Army
appropriations bill, which gave the President of the United States full power in
administering the Philippines and signaled the replacement of the military
government in the colony by a civil regime. The Civil-Government was inaugurated
in 1901 before the formal end of the Filipino-American War. William H. Taft was
appointed as Civil Governor. During the first decade of the 20th century, the
country had five American Civil Governors. They were William Howard Taft, Luke E.
Wright, Henry Clay Ide, James Francis Smith, and William Cameron Forbes.
5. COMMONWEALTH GOVERNMENT
Tydings-Mcduffie Law
Entitled An Act to Provide for the Completed Independence of the
Philippine Islands, to Provide for the Adoption of a Constitution and a
Form Of Government for the Philippine Islands", the Tydings-McDuffie Law
provided a Philippine Commonwealth to govern the country for a transition period
of 10 years, after which the US would grant independence to the Philippines on July
4, 1946
The Law required a Philippine Constitution to establish a republican system
of government, to contain a Bill of Rights, and to be ratified by the Filipino people.
The Constitution had to be approved by the US President.
The Law also provided that the US would have direct supervision and control
of the Foreign affairs of the Commonwealth; that Filipino immigration to the US
would be restricted, but there would be no limit to the number of Americans who
might like to immigrate to the country; that Americans would have the same civil
rights as those of Filipino citizens; that a partial free trade system be set between
the Philippines, in which Philippine products within specified quota could enter the
US free Of duty during the first five years of the Commonwealth. After that
Philippine goods pay tariffs and other duties on a graduated scale. US products,
however, would be allowed to enter the country free of duty and in unlimited
quantities. The law maintained US military bases in the Philippines. It also provided
that enactments passed by the Philippine Legislature involving foreign trade,
currency, and immigration would have to be approved by the American President.
Lastly, the law provided that a High Commissioner would represent 'the United
States in the Philippines.
The Tydings-McDuffie Law authorized the Philippine Legislature to call a
constitutional convention to draft the Constitution of the Philippines. Accordingly,
on July 10 1934, (the date of election earlier proclaimed by Governor Frank
Murphy), the Filipinos elected 202 delegates (120 Antis, 60 Pros and 22
independents) to the constitutional convention. Claro M. Recto became the
President of the constitutional convention. The finished the constitutional draft was
influenced by the US, Biak-na-bato, and Malolos Constitutions, McKinley
Instructions, the Philippine Bill of 1902, the Jones Law, and the Tydings-McDuffie
Law. The Philippine Constitution was approved by President F.D. Roosevelt on
March 23, 1935.
Unlike the US, the Philippines by tradition and practice (since Spanish
times) opted for a unitary or centralized system of government. In a centralized or
unitary system all powers of government are reserved to the central government
but may be delegated to the local governments. The advantages of a centralized
government are: the provision of uniform laws and policies, equal representation
and allocation of government funds, clearer lines authority, and prevents the
development of independent centers of power. A federal system, on the other
hand, can free the national government to deal effectively and exclusively with
more important national issues and concerns. Federalism could also accommodate
cultural diversity, often ethnic and religious in nature, within the bounds of a
single political system.