C. The Government of the Philippines in Transition 

THE PRE-SPANISH GOVERNMENT 

(1) Unit of Government 

- prior to the arrival of the spaniards, the PH was composed of settlements or villages, each called barangay named after the balangay  (consisting of more or less 100 families)

- every barangay was virtually a state as it possessed the 4 basic elements of statehood 

(2) Datu 

- each barangay was ruled by a chief called datu 

- he was the executive chief, law-giver, chief judge, and military head 

- in a way, the barangay was a monarchy with the datu as a monarch 

(3) Social classes in the barangay 

- people of the barangay are divided into 4 classes: 

• Nobility (maharlika) 

• Freemen (timawa) 

• The sefs (aliping mamamahay) 

• Slaves (aliping sagigilid) 

(4) Early Laws 

- both were written and unwritten 

- promulgated by the datus 

- 2 known written codes in in the pre-spanish era 

• Maragtas Code 

• Kalantiaw Code 

- the unwritten laws consisted of customs and traditions which had been passed down from generations to generation  

(5) Comparison with other ancient governments 

- can be said that the laws of the barangay were generally fair 

- the Filipino people, even in the prehistoric times had already shown high intelligence and moral virtues 

GOVERNMENT DURING THE SPANISH PERIOD  

(1) Spain’s title to the Philippines 

- based on the discovery made by Ferdinand Magellan 

(2) Spanish colonial government 

- from 1565-1821 (256 years), the Philippines was indirectly governed by the king of spain through mexico 

- 3 times in the spanish period, the PH was given representation in the Spanish Cortes, the legislative body of Spain 

- a basic principle introduced by Spain to the pH was the union of the church and state 

(3) Government in the PH unitary 

- the government was centralized in structure and national 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 represented the Governor General in the province 

- cities under special charters were also created. Each of these cities had an ayuntamiento or cabilado (city council) 

(4) The Governor General 

- powers of the government were actually exercised by the Governor-General 

- had executive, administrative, legislative, and judicial powers 

- because of these broad powers, it had been said that the Governor-General enjoyed more powers than the King of Spain himself 

(5) The Judiciary 

- the Royal Audiencia was the Supreme Court of the PH during the Spanish times 

- devision was final except on certain cases of great importance to the King of Spain 

- also performed functions of executive and legislative nature 

(6) Evaluation of the Spanish Government in the Philippines 

- the government which spain established in the PH was defective 

- it was a government for the Spaniards and not the Filipinos. The government was inefficient and corrupt, and the union of the church and state produced serious strifes between the ecclesiastical and civil authorities 

- the pros of the spanish government were more than its cons 

• The spanish rule when viewed in the broader light of colonization, was generally mild and humane 

• It brought about the unification of the Filipino people 

• Spain uplifted the Filipinos from the depth of primitive culture 

GOVERNMENTS DURING THE REVOLUTIONARY ERA 

THE KATIPUNAN GOVERNMENT (1896) 

- secret society that pioneered our glorious revolution on August 26, 1896 

- first clear break from Spanish rule with the ultimate goal to establish a free and sovereign Philippines 

- the revolutionary government established at the Tejeros Convention was the first government to unify all rebel forces 

BIAK-NA-BATO REPUBLIC (1897) 

- had a constitution which was to take effect for 2 years only 

- The aim of the revolution was the “separation of the PH from Spanish monarchy and their formation into an independent state.” 

THE DICTATORIAL GOVERNMENT (1898) 

- Gen. Aguinaldo, in view of the chaotic conditions in the country, established a Dictatorial Government due to the outbreak of the Spanish-American war 

THE REVOLUTIONARY GOVERNMENT (1898) 

- aims of the new government were “to struggle for the independence of the PH until all nations including Spain will expressly recognize it

- to prepare for the establishment of a real republic 

THE FIRST PH REPUBLIC (1898) 

- established a free and independent Philippine republic 

- not recognized by the US nor by the family of nations 

- nevertheless, was an organized government because it actually existed and its authority was supported by the people 

GOVERNMENTS DURING THE AMERICAN REGIME 

(1) The Military Government 

- began on August 14, 1898 

- the existence of war gave the President of the US the power to establish a Military Government in the PH 

(2) The Civil Government 

- headed by a Civil Governor who also exercised legislative powers 

- from 1902-1916, the PH Bill of 1902 was the basic law of the pPH government 

(3) The Commonwealth Government of the Philippines 

- form of government in transition toward independence 

- the law provided for a transition period of 10 years during which the Philippine Commonwealth would operate at the expiration of July 4, 1946, which is the independence of the PH 

- the legislative power was first vested in a unicameral National Assembly and later in a bicameral Congress composed of the Senate and House of Representatives 

GOVERNMENTS DURING THE JAPANESE OCCUPATION

(1) The Japanese Military Administration 

- the sovereignty of the United States over the PH was declared terminated 

(2) The PH Executive Commission 

- a civil government known as the Philippine Executive Commission composed of Filipinos with Jorge B. Vargas as chairman 

- the commission exercised both executive and legislative powers

- functioned without the independence it traditionally enjoyed 

(3) The Japanese Sponsored Republic of the Philippines 

- same character as the Philippine Executive Commission 

- ultimate source of its authority was the Japanese military authority and government 

THE PREVIOUS PHILIPPINE REPUBLICS 

(1) Under Joint Resolution No. 93 

- the president of the US was authorized to proclaim the independence of the PH prior to July 4, 1946

(2) The First Republic 

- established on January 23, 1899 under the Malolos Constitution

- the second, on October 14, 1943 under the Japanese-sponsored Constitution 

- the third on July 4, 1946 under the 1935 Constitution

- the fourth under the 1973 Constitution 

- the present Republic came into being upon the ratification of the 1987 Constitution on February 2, 1987 

THE PROVISIONAL GOVERNMENT OF 1986 

- Corazon C. Aquino declared that she and her VP were “taking power in the name and by the will of the Filipino people” 

- she wore to preserve and defend the “fundamental law” 

(1) Revolutionary 

- instituted not in accordance with the procedure provided in an existing Constitution 

- was installed by the direct action of the people or by the “people power” 

(2) De jure & De facto 

- a de facto government acquires a de jure status when it gains wide acceptance from the people and recognition from the community of nations

- de jure = what the law says 

- de facto = what actually happens 

(3) Constitutional and Transitory 

- the provisional government was not a purely revolutionary one but a hybrid constitutional revolutionary government 

- the provisional constitution did not have a status of a supreme or fundamental law 

(4) Democratic 

- the provisional government was claimed to be democratic because it was installed by direct action of the people as a direct expression or manifestation of their sovereign will 

- based on the consent of the governed or the approval of the people 

(5) Powers 

- a revolutionary government being a direct creation of the people, derives its powers from the people whom alone it is accountable 

(6) The Provisional Constitution 

- instead of declaring the 1973 constitution with certain amendments and minus certain articles and provisions, as the interim Constitution Proclamation no. 3 promulgated with a Provisional Constitution to replace the former, adopting in toto (completely)  insofar as they are not inconsistent with the provisions of the Proclamation 

- the Provisional Constitution  self-destruct upon the ratification and effectivity of the new Constitution on February 2, 1987