INTRODUCTION A. THE STUDY OF POLITICAL SCIENCE Meaning of political science. Reduced to its simplest terms, political science is the systematic study of the state’ and government. The word “political” is derived from the Greek word polis, meaning a city, or what today would be the equivalent of a sovereign state. The word “science” comes from the Latin word scire, “to know.” (1) The science of politics, therefore, has, as its formal object, a basic knowledge and understanding of the state and of the principles and ideals which underlie its organization and activities. (2) Itis primarily concerned with the association of human beings into a “body politic,” or a political community (one organized under government and law). (3) As such, it deals with those relations among men and groups which are subject to control by the state, with the relations of men and groups to the state itself, and with the relations of the state to other states.’ "The word “state” should not be confused with the states such as those which comprise the United States, As used above, the term is equivalent to “nation” or “country,” for example, the United States, Great Britain, Philip- pines, Japan, etc. which are states in the political scientist's sense. (Rodes, ‘Anderson, and Christol, Introduction to Political Science, McGraw-Hill, Inc., 1967 ed., p. 4.) 2 jts classical meaning, the word “politics” refers to the art or science of government concerned with the proper management of the affairs of society. In the local scene, the word has been given a bad name as it is usually seen as a “partisan power struggle” to win or prevail at all costs or political wranglings motivated by political or personal interests. * *Schmandt and Steinbicker, Fundamentals of Government, The Bruce Publishing Co. (1954), pp. 17-18. :»]NE CONSTITUTION 2 ‘TEXTBOOK ON THE PHILIPPINE CON: Scope of political science. Political science is ol en Te alum is almost certain to ine! “ public law, and public administratic more specialized subjects Political theory. — 1! to Ae Gn form, behavior, and purpos with in the study of this subject. bis (2) Public law. — The (a) organization Of governments (b) the limitations upon government authority, (©) the powers and duties of governmental offices and 0 eae e obligations of one state to another are handle: in the study of public Jaw, In contradistinction to the rules 0 private law, which govern the relations among individuals, pul lic law is so specialized that separate courses are offered in each of its subdivisions — constitutional law (a, b), administrative law (c), and international law (4). (3) Public administration. — In the study of public administration, attention is focused upon the methods and techniques used in the actual management of state affairs by executive, legislative, and judicial branches of government. As the complexity of government activities grows, the traditional distinctions among the powers of these branches become even less clear-cut." Today, legislative bodies have been forced to delegate greater discretion to executive officers responsible for the conduct of government policies and powers. Thus, we find many administrative agencies exercising quasi-legislative and quasi-judicial powers, i.e., powers which are legislative (see Art. VI, Sec. 1.) and judicial (see Art. VIII, Sec, 1.) in nature. ti fanivetzative law, already referred to, also falls within y broad study of public administration.* ry comprehensive field. Its cury, Je courses in political theo; on as well as in various he ontire body of doctrines relating sos of the state are dealt pie sBach se local government, political Parties, elections, public opinion. international felations Inelnaies asineen; comparative political institutions. ternational ret ns diplomacy (or international polities) and i™- ‘See Jacobsen and Li 0 Sei Outine Sane aan oman, Political Science, Barnes and Noble Colleg® ‘See Rodee, Anderson, and Christol, Note 1 op.AT Spon ep eT Glen Ree Led oeny rater eeeneg Se, INTRODUCTION A. The Study of Political Science Interrelationship with other branches f of learning. No precise and definitive boundaries can be placed around asubject as comprehensive as political science. It shares many points of common interest with other social disciplines. (1) History. — The bond between the political scientist and the historian is obvious in the observation that “history is past politics and politics present history.” The political scientist frequently adopts a “historical approach” and employs knowledge of the past when he seeks to interpret present and probable developments in political phenomena. (2) Economics. — Until late in the 19th century, political science and economics (the study of the production, distribution, and conservation, and consumption of wealth) were coupled under the name of “political economy.” Today, these fields are jointly concerned with the fact that economic conditions affect the organization, development, and activities of states, which in turn modify or even prescribe economic conditions. The political scientist regularly adopts an “economic approach” when seeking to interpret such matters as “public financial policies” and government regulation of business. (3) Geography. — Geopolitics (a science concerned with the study of the influences of physical factors such as population pressures, sources of raw materials, geography, etc., upon domestic and foreign politics) indicates one approach which a political scientist frequently must adopt to help explain such phenomena as the early growth of democracy in Great Britain and the United States and its retarded growth in certain Continental Europe, and the rise of authoritarian governments in developing countries. (4) Sociology and anthropology. — The political scientist, the sociologist (who specializes in the study of “society as a whole”), and the anthropologist (who studies “mankind” in relation to physical, social, and cultural development) are all ‘Politics and economics oflen intersect. Political events affect economic events and vice versa, e.g., good/bad governance promotes/breeds economic Prosperity/problems which, in turn, is/are conducive/can lead to political sta- bility/instability and social tranquility/unrest. No doubt, the most effective so- lution to practically all economic problems is political: good public governance.4 TEXTBOOK ON THE PHIL! IPPINE CONS STITUTION igi f social deeply concerned with the origins and ae ee ect and governmental authority, with influences ofra and culture upon society, and with the patte: lective human behavior. NE SAR itical scientu e 6) Poye Pe alae a the mental and emotiona] psychologist promote political behavior of individuals and rocesses motivating the political ! ao us aI r ups. One of the many topics which the political scientist handles from a “psychological approach” is that of public opinion, pressure groups, and propaganda. (6) Philosophy. — The concepts and doctrines of Plato, Aristotle, and Locke (and other universal thinkers about the state) are important to the specialist in academic philosophy and also to the political scientist. These concepts are the underlying forces in the framing of constitutions and laws. The political scientist considers the branch of philosophy called ethics, too, when he contemplates the moral background of proposed changes in social legislation. (7) Statistics and logic. — The political theorist must Possess a broad scientific background and a knowledge of cur- rent political problems, and he must employ scientific methods in gathering and evaluating data and in drawing conclusions. pee involve a proper application of statistical procedures the quantitative measurement of social phenomena and of logical procedures for the analysis of reasoning.* ethical, historical, Sociol if ’ i Sarl arn i, ete of tw whether he . v" or t ine law”) cl ltrs is indispensable tote rage atu enacted by Law 7 lawa, effective ane ave inseparable. All states proclaim hin their Jurisdictions, and enforce them °r sanctions. To maintain a full ‘See Jacobsen and Lipman, Rode, Anderson, and Chi See J ipman, seobeen and Lipman, Note 6, op? op: te Ps 4. .INTRODUCTION A. The Study of Political Science understanding of the facts of political life, i the political scientist has to combine the legal with the extra. -legal viewpoints." Function and importance of Political science, (1) The function of political science is to discover the principles that should be adhered to in public affairs and to study the operations of government in order to demonstrate what is good, to criticize what is bad or inefficient, and to suggest improvements. (2) Its findings and conclusions may be of immense practical use to constitution-makers, legislators, executives, and judges who need models or norms th: at can be applied to immediate situations, Again, they may be of immense practical use to individuals who seek to understand the state in which they live. (3) The study of political science deals also with problems of social welfare, governmental economic programs, international cooperation, and a wide range of other matters that are urgent concern to public officials and to private citizens, Goal in the study of political science courses. Why should the university or college student study political science? What good will it do him or her, in later life? Will it help in getting a job — in “getting ahead”? Are political science courses “practical” (i.e., vocational)? (1) Education for citizenship. — In answer, it should be made clear that the primary objective of the political science curriculum is education for citizenship. The preparation of students for careers in politics, law, teaching, the civil service, and the foreign service (though vitally important) is secondary to the task of equipping them to discharge the obligations of democratic citizenship, which grow constantly heavier in the modern world. “bid. "Ibid., p. 1.nr Tee og TEXTBOOK ON THE PHILIPPINE CONSTITUTION (2) Essential parts of liberal education. — Most Political science courses should be viewed as essential parts of libera} education, bearing no materialistic price tag and promisin, no job security, Such shop-worn adjectives as “practical” ang “cultural” have no relevance here. Intelligent, responsible citizenship can save democracy; ignorance and negligence can lose it. Democracy has practical advantages which no one can ise in monetary terms. Just how much is freedom worth? The oft-repeated but seldom comprehended quotation, “eterna} vigilance is the price of liberty,” requires amendment. Study, information, and understanding of the complexities of modem government and politics are necessary as eternal vigilance. (3) Knowledge and understanding of government, — Political science seeks to gather and impart this knowledge and understanding. The “good” citizen who behaves himself and votes regularly is no longer enough. He must also be the citizen who knows the answers. He must know how his government really operates, what interests and forces are behind particular policies, what the results of such policies are likely to be, what his rights and obligations are, who his elected representatives are, and what they stand for." apprai B. CONCEPTS OF STATE AND GOVERNMENT Meaning of state. A state is a community of persons more or less numerous, permanently occupying a definite portion of territory, having & Fender aut of their own te which the great body of inhabitants nder obedience, and enjoying freedom from external control.’ The Philippines is a state, —_—_—_ Rod Se, Anderson, and Christol, Note 1, op. cit, pp. 17-18. Bee Garner, Introduction 0 Political Science, pp. 38-41.INTRODUCTION m B, Concepts of State and Government. Elements of state, ‘The modern state hns four (4) essential elements. They are: () People. — 'This refers to the inhabitants living within the state, Without people there can he no functionaries to govern and no subjects to be governed. There is no requirement as to the number of people that should compose a state. Ideally, it should be neither too small nor too large: small enough to be well-governed and large enough to be self-sufficing? Reputedly the smallest state in point of population is the Vatican. Its estimated 900 citizens, mainly clerics and some Swiss guards, are ruled by the Pope.’ The island Republic of *See Garner, Political Science and Gov't,, p. 74. A country with a huge population may be well-governed. “The Vatican City state is a walled enclave that lies in the heart of the city of Rome, the capital city of Italy; with six (6) gates and is made up of the Vatican Palace, the Papal Gardens, St. Peter Square, and St. Peter’s Basilica. In 2003, the Vatican had a population of just 492, a world record, with only 240 people holding citizenship, but about 18 million tourists arriving each year to see the headquarters of the Roman Catholic Church and the home of the Pope. (Manila Bulletin, Jan. 1, 2004, p. A-2.) The 2008 estimate of its population was 824. (Ibid., Nov. 26, 2008, p. 10.) Since it is governed by the Bishop of Rome (Pope), its government can be described as ecclesiastical (effectively, elective absolute monarchy). Its highest state functionaries are the clergymen. The Pope exercises sovereignty and has absolute legislative, executive, and judicial powers. The Vatican City can be said to be the governmental capital of the Catholic Church of both East and West, Vatican City is the last remnant of the Papal States, a swath of territo- ries in central Italy acquired over the centuries by the Catholic Church and governed by the Pope, Vatican City was established in 1929 under the terms of the Lateran Treaty concluded by the Italian government and the papacy after many years of controversy, Under the treaty, the Catholic Church ceded all claims to the Papal States in return for financial compensation and sove- reignty over the Holy Sce within the state of Vatican City. (Ibid., Oct. 22, 2008, p. 10.) Vatican City is distinct from the central authority of the Roman Catho. lic Church, known as the Holy See which existed long before 1929. The Holy See, not heing # country, only issues diplomatic and service passports; while the state of Vatican City issues normal passports, Ordinances of Vatican City are published in Italian while official documents of the Holy See are issued ‘mainly in Latin, The Vatican City government is headed by a president. (bid, Oct. 22, 2010, p. 10.) It has its own Constitution, postal system, seal, flag, and other symbols of statehood, It has its own army, the Swiss Guards, numbering about 100 soldiers.8 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Naurut has a total population of only eo ee China ts the largest state in point of population placa at about 14 billion at the end of 2006 according to China’s National Bureay of Statistics, h Est ilippines is eatimated to have a population of abou; o2.ge milan based on the latest count ee from Ma; to June 2010 by the National Census. aH pene Office (NCSO). It is now estimated to have reac! . bs m lion; story, — It includes not only the fixed portion of landeverehich the jurisdiction of the state extends (territoria] domain), but also the rivers and lakes therein, a certain area of the sea which abuts upon its coasts (fluvial and maritime domain) and the air space above the land and the waters (aerial domain). Thus, the domain of the state may be described as terrestrial, fluvial, maritime, and aerial. (see Art. I.) The smallest state in point of territory is Vatican, located just outside the western boundary of Rome with an area of only 0.17 square mile or 0.44 square kilometer. It would fit in Rizal Park in Manila. It is the smallest independent nation in the world. The Republic of Nauru has an area of about eight (8) square miles or 21 square kilometers, making it the world’s smallest island nation. The former Soviet Union® was the largest state in point. of territory with its total land area of about 8,599,776 square miles or 22,273,410 square kilometers. Canada has an area of about 3,849,674 square miles or about cg ipeated in the Western Pacific Ocean, Nauru is an oval-shaped island per lies 42 kilometers south of the Equator. The Republic of Palau, one of . ie annual growth rate was found to have 2000. j slowed to an average of 1.9% Test ma ne peed from 2.4% in 1990-2000. In 2000, the population was witha h annual growth rate. The 1995 figure was 61 million when ep ate onal ez, The nations population was six (6) million in 1901 count every ten (10) yeaa sus Was taken, The NCSO now conducts population it Republic (uss ae Sf communism in 1989, the Union of Soviet Socialist selves as the Commonwealth: ceveTtl independent states, referring to then mer Soviet republice berent”, of Independent States (CIS), Most of the for known as the “Russian r oly members of the loose political alliance. It is now miles or about 17,075, 499 nD” It has an area of about 6,592,850 square WY, 400 making it the largest country in the world.INTRODUCTION 9 B. Concepts of State and Government 9,970,610 square kilometers’ which covers a surface nearly as large as Europe. The Philippines has a total land area of about 115,813 square miles or about 299,955 square kilometers; (8) Government. — It refers to the agency through which the will of the state is formulated, expressed and carried out. ‘The word is sometimes used to refer to the person or aggregate of those persons in whose hands are placed for the time being the function of political control. This “body of men” is usually spoken of as “administration.” The ordinary citizens of a country are a part of the state, but are not part of the government; and (4) Sovereignty. — The term may be defined as the supreme power of the state to command and enforce obedience to its will from people within its jurisdiction and corollarily, to have freedom from foreign control. It has, therefore, two (2) manifestations: (a) internal or the power of the state to rule within its territory; and (b) external or the freedom of the state to carry out its activities without subjection to or control by other states. External sovereignty is often referred to as independence. These internal and external aspects of sovereignty are not absolutely true in practice because of the development of international relations and consequently, of international law. Origin of states. There are several theories concerning the origin of states, among which are: (1) Divine right theory. — It holds that the state is of divine creation and the ruler is ordained by God to govern the people, Reference has been made by advocates of this theory to the laws which Moses received at Mount Sinai; (2) Necessity or force theory. — It maintains that states must have been created through force, by some great warriors who imposed their will upon the weak; TA square mile (sq. mi.) is equivalent to 2.59 square kilometers (km*), and a km! is equal to 0.3861 sq. mi.Ue ree ee nh te cal PHILIPPINE CONSTITUTION vo ‘TEXTBOOK ON THE 9 «ie theory. — Itattributes the origin of states (3) Paternalistic theory. y which remai a under de il to the enlargement of the fam! I stages, th Zh authority of the father or mother. By natural stages, the family grew into a clan, then developed into a tribe which broadened into a nation, and the nation became @ state; an (4) Social contract theory. — It asserts that the early states i d voluntary comps med by deliberate and volu re ae Pine seen to form a society and organize government ante common good. This theory justifies the right of the people to revolt against a bad ruler. Tt is not known exactly which of the above theories is the correct one. History, however, has shown that the elements of oil the theories have played an important part in the formation and development of states. State distinguished from nation. Nation should not be confused with state as they are not the same. (1) The state is a political concept, while nation is an ethnic concept. A nation is a group of people bound together by certain characteristics such as common social origin, language, customs, and traditions, and who believe that they are one and distinct from others. The term is more strictly synonymous with “people”; (2) A state is not subject to external control while a nation may or may not be independent of external control; and (3) A single state ma; i 'y consist of one or more nations or peoples eal conversely, a single nation may be made up of 's. The United States is a melting pot of several nati. iti natcaltios On the other hand, the Arab nation is divided Egypt, Saudi Arter sovereign states, Among them are: Philippines ig oe Jordan, Syria, Lebanon, and others. The waste state composed of one nation, used synonymously th however, the two (2) terms are often ably, ¥- The Constitution uses them interchange- si “ distinguished from 9overnment. in common Spee , Atrdinary, the acta of tore Usually rogarded as dential © government (within the limits of‘ INTRODUCTION it B. Concepts of State and Government the delegation of powers) are the acts of the state, the former is meant when the latter is mentioned, and vice versa. The government is only the agency through which the state articulates its will, The former is the agent, the latter is the principal. A state cannot exist without a government, but it is possible to have a government without a state. Thus, we had various governments at different periods of our history, from pre-Spanish times to the present. There was no Philippine state during those periods when we were under foreign domination. ‘A government may change, its form may change, but the state, as long as its essential elements are present, remains the same. Purpose and necessity of government. (1) Advancement of the public welfare. — Government exists and should continue to exist for the’benefit of the people governed. It is necessary for (a) the protection of society and its members, the security of persons and property, the administration of justice, the preservation of the state from external danger, dealings of the state with foreign powers (constituent functions) and (b) the advancement of the physical, economic, social, and cultural well-being of the people (minis- trant functions). (2) Consequence of absence. — Government exists to do these things which by their very nature, it is better equipped to administer for the public welfare than any private individual or group of individuals. It is obvious that without an organized structure of government, anarchy and disorder, and a general feeling of fear and insecurity will prevail in society, progress and development will not be possible, and values taken for granted in a free modern society such as truth, freedom, justice, equality, rule of law, and human dignity can never be enjoyed. The need for government is so apparent that even the most primitive societies, history shows, had some form of it. Forms of government. , ‘The principal forms are the following: (1) As to number of persons exercising sovereign powers: }ie TEXTBOOK ON THE PHILIPPINE CONSTITUTION (a) Monarchy or one in which the supreme and f authority is in the hands of a single person without regarg to the source of his election or the nature or duration of hig tenure. Monarchies are further classified into: 1) Absolute monarchy or one in which the Tule rules by divine right; and 2) Limited monarchy or one in which the Tuler rules in accordance with a constitution; (b) Aristocracy or one in which political power is exer. cised by a few privileged class which is known as an aris. tocracy or oligarchy; and . (c) Democracy or one in which political power is exer. cised by a majority of the people.* Democratic governments are further classified into: 1) Direct or pure democracy or one in which the will of the state is formulated or expressed directly and immediately through the people in a mass meeting or primary assembly rather than through the medium of delegates or representatives chosen to act for them; and 2) Indirect, representative, or republican democ- racy or one in which the will of the state is formulated and expressed through the agency of a relatively small and select body of persons chosen by the people to act as their representatives, (2) As toextent of powers exercis ional Government; rp exercised by the central or natio (9) Unitary government or one in which the control of national and local affairs { i . tional government; and ethane nanan (b) of govern eae fovernment or one in which the powers one for national et vided between two (2) sets of organs, r == irs and the other for local affairs, each ; Note 1, op. cit, "It is: No lor of ger Physically ible i Population, expansion of 12, itor ain hy country today because of increase terri » Note 1, op. cit, P.816, | ™Plexity of modern-day problems. » B. 815,INTRODUCTION 13 B. Concepts of State and Government organ boing supremo within its own sphere. The United States is a fedoral government, (3) As fo relationship between the executive and the legislative branches of the government: (a) Parliamentary government or one in which the ’ state confers upon the legislature the power to terminate the tenure of office of the real executive. Under this sys- tem, the Cabinet or ministry is immediately and legally re- sponsible to the legislature and immediately or politically responsible to the electorate, while the titular or nominal executive — the Chief of State — occupies a position of ir- responsibility; and (b) Presidential government or one in which the state makes the executive constitutionally independent of the legislature as regards his tenure and to a large extent as. regards his policies and acts, and furnishes him with suf- ficient powers to prevent the legislature from trenching upon the sphere marked out by the constitution as execu- tive independence and prerogative. Classification of the Philippine Government. On the basis of the above classifications of government, it can be said that the Philippine government is a representative democracy, a unitary and presidential government with separation of powers. It also embodies some aspects of pure acy such as, for instance, the constitutional provision iative and referendum, (see Art. VI, Sec. 32.) Under our Constitution, executive power is vested in the President and the Cabinet, legislative power with the Congress composed of a Senate and a House of Representatives, and judicial power with the Supreme Court and the lower courts." "Gee Garner, Note 1, op. cit., pp. 97-100. cathe ts no etablished connection Between form of government and good public governance. The economic performance of a country is primarily a func- tion of its economic policies or strategies that are right for the country as a whole and pursued vigorously in spite of strong opposition from entrenched elites and other special interest groups. Fundamentally, what determines the effectiveness of a government to promote the common good and achieve the de- velopment goals of a nation is not its form, but the quality of men and womeni i TEXTBOOK ON THE PHILIPPINE CONSTITUTION C. 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 op villages, each called barangay (consisting of more or less 199 families), named after balangay, a Malayan word meaning “boat” (thereby confirming the theory that the early Filipino, came to the Philippines in boats).! : who serve in it. Simply put, any structure of government is as good only as the people exercising governance or at the helm of its leadership. Sometimes we mistake the frailties of those who exercise political power for the failings of political institutions. An English poet (Alexander Pope, 1688-1744) said it best: “For forms of government let fools contest; what’er is best administered is best.” " Our country with its abundant natural resources and talented people has &reat potential for rapid development. Yet it has not delivered faster ‘growth and development in the past 40 or 30 years, especially when compared to its East Asian neighbors. It continues to grapple with the age-old problems of poverty, corruption, unemployment, etc. This is the “Philippine Paradox” according to then World Bank Country Director, Joaschim Von Emsberb. He said: “The answer to the paradox that we heard from many observers was that weakness in governance and of public institutions to work for the common good, rather than for special interests, was holding back more dynamic development . . . thus government fails to collect taxes and to allocate resources equitably and efficiently, thus depriving the People public services. ..a reliable investment climate that would encourage rapid growth.” A unicameral parliamentary system headed by a Prime Minister has been proposed. Our country’s problems will not disappear if the same breed of tra- ditional politicians and political dynasties exist or take over under the new system. What is really needed is not a change in the political system but values fransformation. This is applicable to everyone in society but more importantly e fey a, ~ to those in positions of governance in our country. In point tobe done ke Me shat probleme need to be addressed, and what things need responsible cae ni line is good governance in the public sector. Of course, citizenship (Art, 1V.) is a crucial element of nation building. 4 pis Pre Hispanic indigenous political divisions in the archipelago were Gilles ‘bala Linch tip of the wooden boat brought in about 80 peoples : Z8ay of about 1,000 people). ‘The ‘barangay’ (a corruption oe try By the Spanish tongue) was maintained for administrative PUT practicality of containing peace within the areas. Through ‘and about three (3) decades nisries of Spanish colonization, the 50 years of American rule,INTRODUCTION 15 €. The Government of the Philippines in Transition 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. 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. 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, of the barrio as a loose, almost nonpolitical administrative unit of government worked well within the family-oriented Filipino culture. (On Sept. 21, 1974, martial law dictator Ferdinand E. Marcos issued Presi- dential 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 disap- peared 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 Philip- pine Constitution.” (Amelia H.C. Ylagan, “The Balangay,” Businesswotld, Oct. 25, 2011, p. 4.)a6: TEXTBOOK ON THE PHILIPPINE CONSTITUTION is vith other ancient governments, _ sah baa that tho laws of the paren were generally fain The system of government, See ie Eee * had ideri nditions in othe age durin Se een An eminent sebolar bas written: “tye Filipino people, even in the prehistoric eee a already shown high intelligence and moral virtues; baer) ee intelligence clearly manifested in their legislation, which, taking into consideration the circumstances and the epoch in which it wag framed, was clearly as wise, as prudent, and as humane, ag that of the nations then at the head of civilization.”* Government during the Spanish period. (1) Spain’s title to the Philippines. — It was based on the discovery: made by Ferdinand Magellan,‘ in 1521, consummated 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 *See Gregorio F. Zaide, Phil. Government (1962), pp. 12-19; “A Rough Survey of the Pre-Spanish Legislation ir i i i in the Philippines,” by Justice Norberto Romualder, Pil. Law Journal, Nov. 1914, p, 179° OS “To the Western or, to be more speci : by Magellan when he and Ee ok ic, Spanish viewpoint, we were “dis- in 1621, This 4 s ships accidentally arrived at our shores alreeds ad pooner fallacy. How could Magellan discover a place that ers. Our history and rom our perspective, the Spaniards were foreign- by Magellan. Our country ali People began long before the “discovery” the Asian region h. hp fee. had commercial relations with neighbors it Gidn't ask our foreign invaders cone Pore Magellan was born, Our forebears Us, to serve colonial 8 to come to our shores, They came to subjugate 27, 1621 signaled to the work) ws. Truth to tell, the battle of Mactan on April ‘heir Seedom, the readiness of the Filipino people to defend the auspioc of King Magellan undertook his ex Smtued the Pacific Ocean, [of Spain, Hie and proved that the ‘pedition of discovery under sailed westward from Europe and ‘ding to historians, he was the first t0 earth was round,INTRODUCTION ar C. The Government of the Philippines in Transition 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 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 repre- sentation 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. (8) 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.* 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 ‘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 ne. slect the spiritual welfare of the inhabitants,loa 18 TEXTBOOK ON THE PHILIPPINE CONSTITUTION King of Spain himself. This was justified, however, becaus the distance of the Philippines from Spain. eof (5) The Judiciary. — The Royal Audiencia which yy, established in 1583 was the Supreme Court of the Philippin, during the Spanish times. Its decision was final except certain cases of great importance which could be appealed tn the King of Spain. It also performed functions of executi legislative nature. ive and Below the Royal Audiencia, were two (2 Audiencias established in 1893 — one in Cebu and the other a Vigan — which exercised appellate jurisdiction over criminal cases coming from the surrounding territory. In 1886, courts of first instance with both civil and criminal jurisdiction were established in the provinces. At the bottom of the judicial systen were the justice of the peace courts which were established in the different towns in 1885. In addition, there were special courts, like 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 15771 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 ftrifes 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, ) Territoria, the military (2) The Spanish rule, when viewed in the broader light of global colonization, was generally mild and humane. The ‘In the administration of fisted by means nisration ofthe Ph hllippines, the Governor-General was 2° the Council of Admini, pana officers, particularly the Board of Authorities and ration, frst Spanish Governor-General i ili 1 Lopes Legazpi 5 in the Philippines was Miguel ‘e Legazpi (1565-1571) and the last was Gen, Diego de los Rios (1898):INTRODUCTION 19 C. The Gavernment of the Philippines in Transition Filipino people were not brutalized. Spaniards and Filipi- nos intermarried and mingled socially. Slavery and tribal wars were suppressed;” (b) It brought about the unification of the Filipino peo- ple, 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 prim- itive culture and paganism and gave them the blessings of Christianity and European civilization.’ “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 tradi- tional 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 mon- archs 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 Jooked down on non-Europeans as inferior races, Spain agonized and wrestled with its corporate conscience to find out how to treat the non-European sub- jects. 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 Abra- ham 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 something better.” (Roots, by Jose 8. Arcilla, Business World, Jan. 28, 2008, p. 5.) 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$ 3 g 7 é s ‘ i Ed TEXTBOOK ON THE PHILIPPINE CONSTITUTION Governments during the Revolutionary era. () The Katipunan government. — The Katipunan y, the secret, society that precipitated our glorious revolution 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, 1899 central government of the Katipunan was vested in a Suprems Council (Kataastaasang Sanggunian). In each province th, was a Provincial Council (Sangguniang Balangay) and in each town, a Popular Council (Sangguniang Bayan). The judicial Spanish crown continued to sent missionaries. Despite the weaknesses ang failures of Spanish colonial rule, the missionaries eventually transformed islands into a single society united by the values and principles of Christiag ou Spanich 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 ‘ames of people and roads constantly remind us of our Hispanic heritage. Our songs, cuisine, and modes of entertainment are also predominantly Hispanie in origin. Finally, the lasting legacy of Spain in the Philippines is expressed in both the structures and the spirit that evidences the Jong 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 Frienship 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. Im issuing the decree, President. Aguinaldo extended to the Spanish soldiers 8 brotherly appreciation of their loyalty and defense of their country and the magnanimity of the Filipi Kagalanggalang Katipunan ng mga Anak ng Bayon Ho triet ta ort was actually the brainchild of Marcelo H. del Pilar. the hel ieee it in Manila in 1890 but succeeded only in 1892 through soy f his brother-in-law Deodato Arellano and other Filipino patriots colonial rule in thee Katipunan to be the “weapon of the weak" et the Filipino pes a Country. The founding of the radical Katipunan just La Liga Filipe 9t Feet to force because the colonial authorities a et Pursued peacefully gy oreanization through whieh Filipina demands could 2 Mith the death of Del Pilar, Bonifacio waa thrust into th? lippine revolution, He became the moving spirit of th “Katipunan” suggests oneness.. INTRODUCTION 21 C. The Government of the Philippines in Transition 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.” It was replaced by another government whose 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 ofthe 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 “Various reasons have been cited by historians why the Filipinos. kept on revolting against Spanish rule almost every year among which are: opposi- tion 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 Tepeated 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 {Rmake the Philippines a province of Spain, Only when their efforts failed sia they advocate the separation of the Philippines from Spain,22 TEXTBOOK ON THE PHILIPPINE CONSTITUTION the Proclamation of Philippine Independence at Kawit, Cay on June 12, 1898 and the reorganization of local Governments, | —— es : A, No. 4166 statutorily prescribes June 12 as Philippine Indepeng, Day (sce Note 12, Preamble) Many events from 1521 when Magellan din ered the Philippines to 1896 when the Katipunan spearheaded the g ; revolution against Spain laid the foundations of June 12, 1898. events which depict the history of the Filipino people’s struggle for fr. and self-rule are the Battle of Mactan (April 27, 1521) where Lapu-lapu ki, Magellan; the two (2) Battles of Bangkusay (May 24, 1570, June 3, 1571) 9° volving Rajah Soliman who refused to make peace with the Spaniards by Miguel Lopez de Legaspi; the Revolt of the Lakans led by Magat Salama (1587-1588); the Chinese Revolts (1603, 1639-1640, 1662-1663); Malong, Mag. sanop, and Maniago Rebellions (1660-1661); Palaris and Silang Rebellions Pangasinan, Ilokos, and Cagayan (1762-1763); the Novales (1823), Palmares (1827), Aznar (1838), Hermano Pule (1841), Cuesta (1854), ete., rebellions, and the Cavite Mutiny (1872) whose most prominent victims were Fathers Go: Burgos, and Zamora. The declaration of independence from Spain in Cavite Tel 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 histo tians 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 trie piocuments from captured forces, bodies of dead Filipino fighters and ee ie cing: taken over by local governments set up by the First Republic. con intallion, peed to Washington D.C, and John R.M. Taylor, an hee together Sovran et, Was assigned to analyze and select, translate and P see manangeR records’ - . to disinfect any telltale odor of imperialism fying tee Aneta merican historian William Henry Scott. Far from. justi Insurrection Records re afler the ‘Mock Battle of Manila,’ the ‘Philippine who had at Won te Laylor entitled his opus, proved that the Filipe ie alreaay tan the revolution against Spain were fighting a war of: oe of self-government sen 2estessor [the USA] and were indubitably cap! i ad compiled hundreds of decrees, eee commissions, implementing rules an us figures budgets, of judicial cases an ‘i » payrolls, voluminous records of ji proceedings of an infant government on the run but functioning, u der the most difficult g Manila Bulletin, ‘Aug. 11,2000, one (Gemma Cruz-Araneta, Lands?INTRODUCTION hed €. The Government of the Philippines in Transition (4) The Revolutionary Government. — On dune 29, 1898, Gen. Aguinaldo established the Revolutionary Government replacing the Dietatorial Government with himself as President anda Garigress 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. (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 Republic, 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 accopted by the people. It existed from January 23, 1899 to March 23, 1901." Proclamation No. 633 (Jun. 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. See G.F. Zaide, Note 27, op. cit., pp. 38-45.eee TEXTBOOK ON THE PHILIPPINE CONSTITUTION Ih February, 1899, the United States annexed the Ph Pines as a result of the Spanish-American War of 18980 9 lip, April, 1901, Gen, Aguinaldo was captured, Thus, the dia lic was short -lived, its independence cut short by the na Pub, might of a new colonial power. The Malolos Constituti Provided for the establishment of a Philippine Rep No opportunity to operate. However, this in no way di the historical significance of the Philippine Revolution of 184g It was the first war of independence fought by Asians ageing foreign domination and it gave birth to the first Constitutional democracy in Asia and the West Pacific, On Whi, ublie pet iminisy Governments during the American regime. (1) The Military Government. — The American mili rule in the Philippines began on August 14, 1898, the day after the capture of Manila. The existence of war ave the President 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 Jong as the war lasted, all powers of government — executive, legislative, and judicial. (2) The Civil Government. — Pursuant to the so-called Spooner Amendment (on the army appropriation act passed “Under the Treaty of Paris (Dec. 10, 1898), that ended the Spanish- War, Spain ceded the Philippines to the United States for an agreed indemnity in the amount of P20 million. The treaty formally ended the Span- ish-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-Ameriean War, the “first Vietnam War,” a~ cording 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 defend- ers of freedom and valiant foes of foreign subjection, They were described 93 bandits and criminals by the coloniat rulers and the legitimate war by the Fil Pinos against foreign Aggression, as the 48 grievous error 1 our nation’s to the heroism and valor of ous n ihe first American Military Second, was General y Arthur MacArthur, | ll E. Otis, Governor was General Wesley Morsit and the third and last, was Major GenINTRODUCTION 28 C. The Government of the Philippines in Transition jn 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 lawmaking body of the government from 1901 to 1907. 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 seatsin 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.” 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. The Philippine Commission enacted repressive laws such as the 1901 Sedition Act, which considered seditous the advocation of Philippine indepen- dence by any Filipino, the 1902 Brigandage Act, which prohibited formation of groups of more than two (2) members, the 1903 Reconcentration Act, which al- ed 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, ©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 (1933-1936) who was also the first High Commissioner of thé United States to the Philippines upon the inauguration of the Common: wealth Government of the Philippines.¢ ‘ 5 q 26 ‘TEXTBOOK ON THE PHILIPPINE CONSTITUTION (3) The Commonwealth Government Wied Philippines, The next stage in the political developm: a a the Filipinos Way the establishment of the CTT t As aot Of the Philippines pursuant to an act of the ar a en 8 Con, on March 24, 1934, commonly known as ns 'ydings-MeDy Law. The commonwealth status was a form of governm in transition toward independence. Among other things, law provided for a transition period of ten (10) years dur which the Philippine Commonwealth would operate and at the expiration of said period on July 4, 1946, the independence the Philippines would be proclaimed and established. e new government of the Commonwealth of the Phil ane eomed « 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 Sep. | tember 12, 1935, with Manuel L. Quezon” and Sergio Osmeiia, | 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 (é.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 contr only over matters involving foreign affairs. During World War II, the Commonwealth Government functioned in exile in Washington from May 13, 1942 to oe i 3 ae It was reestablished in Manila on February een Gen. Douglas MacArthur, in a ceremony Government, (an 7S Palace on behalf of the United States and responu; fumed over to President Osmefia the full powers Ponsibilities of the Commonwealth Government undef the (1935) Constitution, > ‘Under this law, ed Gs 10365 Constitutie on : tional Conventi draft a 3 Coat ation (see E, infra) ention was convened, which: have aid" woud prefer g dence from the United States, he was quoted # ven by Americans.” ® 8°¥ernment run like hell by Fill beINTRODUCTION a7 C. The Government of the Philippines in Transition 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. (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. (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. 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. 2§ee G.F. Zaide, Note 27, op. cit., pp. 100-101. 2Co Kim Chan vs. Valdez Tan Keh, 75 Phil. 113.(PPINE CONSTITUTION 28 TEXTBOOK ON THE PHILT served as the fundamental lay ing hich was inte ly for the Commonwealth Government wl iterrupy ed by the Second World War but, lao for the Republic of th Philippines until th “ratifieation” ofthe 1973 Philippine Coy stitution establishing @ parliamentary Carne overnment, et fected by virtue of Proclamation No. fe oe ms ken Ferdi. nand E. Marcos on January 17, 1973, after the declaration of martial law on September 21, te Partie i ublic was established on January 23, $899 andes in Mallee 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, Mareos, 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 government;® thus making himself, its first President. All in all, there were nine (9) Presidents” in the previous three (3) republics, including President Marcos in his two (2) terms in the Third Republic.” ‘The present Republic came into being upon the ratification of the 1987 Constitution on February 2, 1987.* The 1935 Constitution 8 *See “Principle of separation of powers” under Art. VI, Sec. 1. “Namely: Emilio Aguinaldo (1898-1901), Jose P. Laurel (1943-1945), Manuel A. Roxas (1946-1948), Elpidio Quirino (1948-1953), Ramon Magsay- say (1953-1957), Carlos P. Garcia (March 1957-1961), Diosdado P, Macapagal (1961-1965), and Ferdinand E. Marcos (1965-1986), ana qajear rule of President Marcos from the declaration of mar the so-called rt 21, 1972 until his overthrow on February 25, 1986 by vial or authoritanast er evolution,” was generally characterized as dictato- Marcos, his wife, and ther 2% corrupt. The public perception was that it pertonal aggrandizemane is {lly exploited the country’s resources for $25 billion). In that nt and plunged the country into deep debt (about i what wag once the regions seen yof Marcos Tule, the Philippines dropped from ive (5) decades cond (ni Te Arroyo ( oeitrada (July, 1998-Jan, 20, 2001), and Gloris aepys t). sing s0O1-June 30, 2010); Benigno C. Aquino, III (July (i944 oPFPsidents, including at? AT VI, Sec. 32.) From 1898 to present, ¥° HO) who bot served ns Gre! Quezon (1985-1944) and Sergio Osmett #8 Commonwealth Presidents. Macapagal-Arroy®INTRODUCTION 29 C. The Government of the Philippines in Transition 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. 8 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 jurelde 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 ——___ Was elected Vice-President in 1998. She succeeded Estrada as President! in 2001 when the latter was forced to give up the Presidency. (see Ibid.) President was elected (not re-elected) for a six (6)-year term in the May 10, 2004 elections after serving the last three (3) years of the term of President Estrada. (see Art, VII, See. 4, par. 1.)Ee es vtech SE ONSTITUTION CTROOK ON THE PHILIPPINE C % TEX hat the revolutionary government hag that no question then ceeptance and support withoy ut an ; fea in the Philippine. y won continuous bul er ere Id tho Philippined ant . L800" resistance wha f ov he recogni i ents, ly all foreign governm ition of practically ition of i © Provisi 3) Constitutional and transitory. — The py government was not a purely revolutionary one but a } constitutior volutionary government, 1.¢., & revoluti titutional revoluti go it, brig ns | i rovisional or interim cons. | werning under a p government go invoke to protect their rights and to tution the Peon or fos limited period until the promote ate effectivity of a permanent Constitution, Sar aie however, to prevent the government from aadtna, auapetling ue alicivating the Provisional Const. tution and adopting & “nsw 'one'far operating without constitution. Im 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, The provisional government was claim- ed 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 ‘he governed or the approval of the people. it any (4) Democratic. — A revolutionary government being a direct Sara the people, derives its Powers from the people to aa rs itis accountable. It ig said that a revolutionary ment is clothed with unlimited Powers because it it ed wit ’ the adoption of het H8 “8 Taw unto itself” However, with At nstitution, the revolutionary Bovernme; Visional Coy Provisions here pendge’’ With and to subject iteclf to ek, ©) The Provisionay © approval of a new charter. in? Conetitution yicttitution, — Instead of declaring Pree ticles ang’ th certain amendments and minus sraltation No. g POviBions, ag the interim Constitution, inal the formers gealetted visional Constitution proviigt With the provisne to insofar as they are not “1978 Constitutice! ‘R® Proclamation, certainDm INTRODUCTION a1 D. Concept of Constitution By its very nature, the Provisional Constitution (as well as the revolutionary government which operated under it) eelf-destruct upon the ratification and effectivity of the new Constitution on February 2, 1987. (Art. XVIII, Sec. 27.) D. CONCEPT OF CONSTITUTION Meaning of constitution. In its broad sense, the term constitution refers to “that body ofrules and principles in accordance with which the powers of sovereignty are regularly exercised.” As thus defined, it covers both written. and unwritten constitutions. With particular reference to the Constitution of the Philippines, it may be defined as that written instrument by which the fundamental powers of the government are estab- lished, limited, and defined and by which these powers are distributed among the several departments or branches for their safe and useful exercise for the benefit of the people. Nature and purpose or function of constitution. (1) Serves as the supreme or fundamental law. — A consti- tution is the charter creating the government. It has the status of a supreme or fundamental law as it speaks for the entire people from whom it derives its claim to obedience, The Constitution is binding on all individual citizens and all organs of the government. It occupies the highest level in the hierarchy of laws. It is the law to which all other laws must conform and in accordance with which all private rights must be determined and all public authority administered. It "See Cooley, Constitutional Limitations, p. 4. °See Maleolm and Laurel, Phid. Constitutional Law (1936), p. 6. its effectiveness as the supreme law depends to a great degree upon the people themselves. It becomes a “mere scrap of paper” if they allow those in aur thority to violate it with impunity. The roots of constitutionalism, it has been ‘aid, lie in the hearts of the people. ‘State v. Main, 37 Ath 80.32 TEXTBOOK ON THE PHILIPPINE CONSTITUTION is the test of the legality of all governmental actions, wheth, proceeding from the highest official or lowest functionarys (2) Establishes basic framework and underlying Principios of government. — The constitution is also referred to as organic or basic law being or relating to the law by virtue of which the government exists as such. It prescribes the permanent framework of the system of government and to assign to the different departments or branches, their respective powers and duties, and to establish certain basic principles on which the government ig founded (3) Designed to protect the basic rights of the people. — The constitution is primarily designed to preserve and protect the rights of individuals against the arbitrary actions of those in authority.’ Its function is not to legislate in detail but to set limitations on the otherwise unlimited powers of the legislature Meaning of Constitutional law, Constitutional law may be defined as that branch of public law (see A, supra.) which treats of constitutions, their nature, formation, amendment, and interpretation, A It refers to the law embodied in the Constitution as well as ¢ Principles growing out of the interpretation and application made by the courts (Particularly the Supreme Court, being the riiit if NOt 60 under the British Co y nstituti i uaa — Fusliament which determines what is constitutional and iene cook 4 Nh oh ‘Malcolm and Laurel, Note 2, ett P- 2: Tt actually serves as the frame- Tare ot oral notte, and political life of the nation because it governs, es in Ohaeral way, practically al} areas of human endeavor. and dat of Palitical power has been tne biggest threat to liberty everywhere ond zou One oF te ath % tell the greceet the power the more danger- vas Lang of the great intellectueie ‘who realized the danger of politi- oof te Tomer tends to corrupt, and ae " -” One of the instruments limiting sormsive eae Power to protect human Tahir ‘written constitu: inc of} ity, and establishes an independent jude “crerelenty, valune human digi"INTRODUCTION bea D, Concept of Constitution court of last resort) of the provisions of the Constitution in specific cases. Thus, the Philippine Constitution itself is brief but the law of the Constitution lies scattered in thousands of Supreme Court decisions," Kinds of constitution. Constitutions may be classified as follows: (1) As to their origin and history: (a) Conventional or enacted. — One which is enacted bya constituent assembly or granted by a monarch to his subjects like the Constitution of Japan in 1889; and (b) Cumulative or evolved. — Like the English Consti- tution, one which is a product of growth or a long period of development originating in customs, traditions, judicial decisions, etc., rather than from a deliberate and formal enactment. The above classification substantially coincides with that of written and unwritten constitutions. (2) As to their form: (a) Written. — One which has been given definite writ- ten form at a particular time, usually by a specially consti- tuted authority called a “constitutional convention”; and (b) Unwritten. — One which is entirely the product of political evolution, consisting largely of a mass of customs, usages ahd judicial decisions together with a smaller body of statutory enactments of a fundamental character, usu- ally bearing different dates.’ ‘The English Constitution is unwritten only in the sense that it is not codified in a single document. Part of it is written . — the Acts of Parliament and judicial decisions, Indeed, there is no constitution that is entirely written or unwritten. (3) As to manner of amending them: (a) Rigid or inelastic. — One regarded as a document of special sanctity which cannot be amended or altered Wy.G. Binco, Phil. Political Law, 11th ed. (1962), p. 67. *See Garner, Political Science and Government, p. 508. Se eee eo eeedint Tat o TEXTBOOK ON THE PHILIPPINE CONSTITUTION excopt by some special machinery more cumbrous than the ordinary legislative process; and ‘ (b) Flexible or elastic. — One which possesses no high, er legal authority than ordinary laws and which may be altered in the same way as other laws." i ‘The Philippine Constitution may be classified as conven. tional or enacted, written, and rigid or inelastic. It was drafteg by an appointive body called “Constitutional Commission.” (see E, infra.) Advantages and disadvantages of a written constitution. (1) Ithas the advantage of clearness'and definiteness over an unwritten one. This is because it is prepared with great care and deliberation. Such a constitution cannot be easily bent or twisted by the legislature or by the courts, to meet the temporary fancies of the moment. Hence, the protection it affords and the rights it guarantees are apt to be more secure. Moreover, it is more stable and free from all dangers of temporary popular passion.” (2) Its disadvantage lies in the difficulty of its amendment. (see Art. XVII) This prevents the immediate introduction of needed changes and may thereby retard the healthy growth and progress of the state. Requisites of a g00d written constitution, (1) As to form, a good written constitution should be: Senior = because if constitution is too detailed, it 8 few provisions ome? of @ fundamental law which in oh ho aaa sre ofthe gover Probably novor be una Tishts of the citizens, It would 7 Pe understood by the public, Furthermore, Strong, Mode nGeen® Modern Politicat Congr; er, Nets ‘onstitutions, p, P.524 Peis p. 608, heINTRODUCTION 35 D, Concept of Constitution it would then be necessary to amend it every once in a while to cover many future contingencies; (b) Broad. — because a statement of the powers and functions of government, and of the relations between the governing body and the governed, requires that it be as Somprehensive as possible; and (©) Definite. — because otherwise the application of its provisions to concrete situations may prove unduly diffi- cult if not impossible. Any vagueness which may lead to opposing interpretations of essential features may cause incalculable harm, Civil war and the disruption of the state may conceivably follow from ambiguous expressions in a constitution. (2) As to contents, it should contain at least three (3) sets of provisions: (a) That dealing with the framework of government, its structure and powers, and defining the electorate. This group of provisions has been called the constitution of gov- ernment; (b) That setting forth the fundamental rights of the people and imposing certain limitations on the powers. of the government as a means .of securing the enjoyment of these rights. This group has been referred to as the consti- tution of liberty; and (©) That pointing out the mode or procedure for amend- ing or revising the constitution. This group has been called the constitution of sovereignty."* _ “The scope must be wide enough to make the Constitution flexible and easily adaptable to changing social, economic, and political conditions, and thus enable it, without amendment, to meet every exigency, for a Constitution 4s designed to be a permanent document to serve a country for many generations ~ indeed, if possible “to endure for ages to come.” Yet no constitution is ever Perfect, much less clairvoyant to predict all the changes and developments that May take place in a country. It is for this reason that our Constitution provides of nes for its amendent or revision in respond to the needs and demands e times. (Art, XVII.) 58 Malcolm and Laurel, Note 2, op. cit, pp. 15-16. ‘See Garner, Introduction to Political Science, pp. 390-398.STITUTION 36 ‘TEXTBOOK ON THE PHILIPPINE CON! te. . ion di hed from statu Constitution distinguis Fecal alec ae bi itution is a Te ae , hide acim (ooo Art VI, Sec. 1.) is a legislation from the while a s' ea e's representatives; th A wantibdied merely states the general framework f esos the government, while a statute provides the i ah . details of the subject of which it treats; eas itution is it t merely to met isting A constitution is intended no’ r pet iia but to govern the future, while a statute is intended primarily to meet existing conditions only; and (4) A constitution is the supreme or fundamental law of the State to which statutes and all other laws must conform. Authority to interpret the Constitution. (1) Even a private individual may interpret or ascertain the meaning of particular Provisions of the Constitution in order to govern his own actions and guide him in his dealings with other persons.” (2) It is evident, however, that only those charged with official duties, whether executive, legislative, or judicial, can give authoritative interpretation of. the Constitution, (a) This function Primaril final decisions are binding on the government, including thi ly belongs to the courts whose all departments or organs of e legislature.» They will thus (b) There are, howey, yen pail questions) which’ under th a 7 . ressed to the discretion of the other departments and, fe Arty Tn Bee pate Power of the judiciary to decide. (see ) “hus, the determination of the President ‘al questions Ge, r the Constitution are “Black, Constitut MECH. po. ao-gg,, AH Sed ed, pg, armi Hento II] vg, Mion, G.R, No, L-19974, Dec. 17, 1987,INTRODUCTION E. Constitution of the Republic of the Philippines i as to which foreign governmont is to be r i to wh ecognized Philippines cannot be passed upon. by the aed poet purpose in Interpreting the Constitution. The fundamental purpose in construing constitutional provisions is to ascertain and give effect to the intent of the framers and of the people who adopted or approved it or its amendments. It is, therefore, the duty of the courts to constantly keep in mind the objectives sought to be accomplished by its adoption and the evils, if any, sought to be prevented or remedied. It may be assumed that the people, in ratifying the Constitution, were guided mainly by the explanations given by the framers on the meaning of its provisions." © E. CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES The 1935 Constitution. (1) Framing and ratification. — Briefly stated, the steps which led to the drafting and adoption of the 1935 Constitution of the Philippines are as follows: (a) Approval on March 24, 1934 by President Frank- lin D. Roosevelt of the Tydings-McDuffie Law, otherwise known as the Philippine Independence Act, enacted by the United States Congress, authorizing the Philippine Legis- lature to call a constitutional convention to draft a consti- tution for the Philippines; (b) Approval on May 5, 1934 by the Philippine Legisla- ture of a bill calling a constitutional convention as provided for in the Independence Law; 4 (c) Approval on February 8, 1935 by the convention by a vote of 177 to 1 of the Constitution (the signing began —__ *See 76 C.J.S., pp. 49-50. tge7 Nitafan vs. Gormissioner of Internal Revenue, 152 SCRA 284, July 23, 1987,oN TEXTBOOK ON THE PHILIPPINE CONSTITUTION 38 on the following day and was completed on February 1s 1935); ss he dicate Ss r arch 23, 1935 by Presiden onsey, (d) Approval on March 23, , : evelt of the Constitution as submitted to him, together With certification that the said Constitution conformed with the provisions of the Independence Law; and ‘ i f the Constitutio, (e) Ratification on May 14, 1935 of t n by the Filipino electorate by a vote of 1,213,046, with 44,963 against. (2) Limitations and conditions. — While the Tydings. McDuffie Law empowered the Filipinos to frame their own constitution, it contained, however, provisions limiting such authority. Aside from other specific limitations and conditions laid down therein, it enjoined that the constitution to be Grafted should be republican in form, should include a bill of rights, and should contain certain provisions intended to define the relations between the Philippines and the United States during the commonwealth period and after the establishment of the Philippine Republic, (3) Sources. — The 1935 Constitution cf the Philippines did not contain original ideas of government. While the dominating influence was the Constitution of the United States, other sources were also consulted by the framers, particular] the 1898 Malolos Constitution and ‘the three (3) crgani¢ laws eet were enforced in the Philippines before the Passage of the Wiliam Masons nat namely: the Instruction of President April 7, 1900- ene ccond Philippine Commission on Te Fete the Philippine Bil] of July 1, 1902; and the Jones ikea oot 26, 1916 which, of the three (3) mentioned, was 'PProach to a written constitution. “The 1935 Constitution coused nese occupati to operate ey en of ha contami cane dain the Sapa ve-stblit . fovernment on Fel, MS ‘rerun te Hepat Ferny 45 rn AINTRODUCTION 39 E, Constitution of the Republic of the Philippines * declares: “The government established by this Constitution ghall be known as the Commonwealth of the Philippines. Upon the final and complete withdrawal of the sovereignty of the United States and the proclamation of Philippine Independence, the Commonwealth of the Philippines shall henceforth be known as the Republic of the Philippines.” (5) Amendments, — The 1935 Constitution had been amended three (3) times. Among the amendments are: (a) that establishing a bicameral legislature; (b) that allowing the re-eligibility of the President and the Vice-President for a second four (4)-year term of office; (c) that creating a separate Commission on Elections; and (d) the so-called Parity Amendment which gave to American citizens equal right with the Filipinos in the exploitation of our natural resources and the operation of public utilities. (6) Women suffrage. — Concerning women suffrage, this issue was settled in a plebiscite held on April 30, 1937, when 447,725 women reportedly voted yes and 44,307 women voted no. In compliance with the 1935 Constitution (Art. V, Sec. 1 thereof.), the National Assembly passed a law which extended right of suffrage to women, making Filipino women the first Asian women to exercise the rights of suffrage. The 1935 Constitutional Convention limited “the right of suffrage to male citizens because there was [then] no popular demand for the right of suffrage by Filipino women themselves” and the granting to women, it was claimed, would only disrupt family unity as the women actually engaged in politics. The 1973 Constitution. (1) Framing. — The experience of more than three (3) decades as a sovereign nation had revealed flaws and inadequacies in the 1935 Constitution. (a) Taking into account the “felt necessities of the times,” particularly the new and grave problems arising from an ever increasing population, urgently pressing for solution, Congress in joint session on March 16, 1967, ieee i 8 aE Sau Bee igoe oe 40 TEXTBOOK ON THE PHILIPPINE CONSTITUTION i No. 2 (as amended assed Resolution of Both Houses on Resolution No. 4, passed on June 17, 1969), authorizing the holding of a constitutional convention in 1971, (b) On August 24, 1970, Republic Act No. 6132 was approved setting November 10, 1970, as election day for 320 delegates to the Constitutional Convention. The con. vention started its work of rewriting the Constitution on June 1, 1971. The 1935 Constitution, with reference to the Malolos Constitution, was made the basis for the draft. ing of amendments to the new Constitution, The proposed Constitution was signed on November 30, 1972. - (2) Approval by Citizens Assemblies. — Earlier on September 21, 1972, the President of the Philippines issued Proclamation No. 1081 placing the entire country under martial law. (a) “To broaden the base of citizens’ participation in the democratic process, and to afford ample opportunities for the citizenry to express their views on important matters of local or national concern,” Presidential Decree No. 86 was s 8 sidential the following questions we, i i Assemblies or Barangaye; ~ Ubmitted before the aes D “Do yor re and YOU approve of the New Constitution», 2) “Do you stil) want iscii ratify the new Constitution Pbiite to be calteg a (3) Ratification by Presidentiat ; of ie . toProclamation No.1 ranted on danany fers, Tae ing members of all the Barangays (Cit ry 17, » 14,976,567 : ‘zens? blies) vote the adoption of the proposed Constitution se ete aia orINTRODUCTION E. Constitution of the Republic of the Philippines os who voted for its rejection. On the question as to whether or not the people would still like a plebiscite to be called to ratify th new Constitution, 14,298,814 answered that there was io Head for a plebiscite. On the basis of the above results purportedly showing that more than 95% of the members of the Barangays (Citizens’ Assemblies) were in favor of the new Constitution and upon the allegedly “strong recommendation” of the Katipunan ng mga Barangay, the President of the Philippines, through Proclamation No. 1102 on January 17, 1973, certified and proclaimed that the Constitution proposed by the 1971 Constitutional Convention had been ratified by the Filipino people and had thereby come into effect.2 (4) Amendments. — The 1973 Constitution had been amended on ‘four (4) occasions. Among the important amendments are: (a) that making the then incumbent President, the regular President and regular Prime Minister; (b) that granting concurrent law-making powers to the President which the latter exercised even after the lift- ing of martial law in 1981; (c) that establishing a modified parliamentary form of government; (d) that permitting natural-born citizens who have lost their citizenship to be transferees of private land, for use by them as residence; “In cases involving the above proclamation, the Supreme Court on March 31, 1973, by a vote of six (6) to four (4), dismissed all the petitions filed. It said that “this being the vote of the majority there is no further obstacle to the hew Constitution being considered in force and effect.” There was, however, no ruling that the 1973 Constitution has been validly ratified, because six (6) out of ten (10) justices held that there was no valid ratification, but the votes were Rot enough to declare that the Constitution was not in force. In subsequent cases, the Supreme Court recognized the validity of the 1973 Constitution; Javellana vs. Executive Secretary, 'et al.; Tan vs. Execu- tive Seeretary; Roxas vs, Melchor; Monteclaro vs. Executive Secretary; Dilag ¥s. Executive Secretary, 6 SCRA 1048, March 31, 1973. See also Aquino vs. COMELEC and National Treasurer, 62 SCRA 270, Jan. 31, 1975.