From Pre-Spanish Times to the Eve of Martial Law

Pre-Spanish Philippines was composed of barangay societies scattered throughout the archipelago. These villages were located along the seashores or along riverbanks, close to the resources of food supply.

By the time the Spaniards reached the Philippines in 1521, some of the barangays, such as those Cebu and Manila, had formed federations. By 1571, the Spaniards settled in Cebu and Manila and placed the barangays under the authority of the King of Spain. Initially, the colonized territory was organized into encomiendas to facilitate evangelization and collection of tribute from the natives. However, because of reports of abuses committed by the encomenderos, the colonial authorities abolished these encomiendas and recognized the government of the archipelago into provinces called alcaldias mayors, goviernos or corrregimientos, each encompassing several municipalities. Alcaldias mayores were under military administration. Each of these local units were headed by appointed officials- the alcaldes mayores or governors.

Initially, the King of Spain ruled the archipelago through the Viceroy of Mexico. The laws governing the archipelago were enacted in Spain. The highest official of the Philippine archipelago was the governor-general who was both chief executive and Commander in Chief of the Spanish troops in the islands.

In 1820, Mexico became independent from Spain, and the Philippines had to be ruled directly from Spain. Trade and commerce between Manila and the outside world was accelerate by the opening of the Suez Canal in 1869. This enabled wealthy Filipinos to travel and study ineurope. Increased trade and commerce, together with the influx of liberal ideas, brought economic development to Manila and its environs.

The failure of the Spanish colonial authorities to institute political reforms led to a revolutionary movement spearheaded by the secret society, Katipunan. This culminated in the Philippine Revolution of 1896. The Pact of Biak na Bato ended the first phase of the revolution in December 1897. Under the terms of the pact, the Spanish government agreed to undertake reforms and pay an Pilar, and others, who then went on exile in Hongkong.

In May 1898, Aguinaldo returned to the Philippines and established a dictatorial government. He proclaimed the Philippine Republic at Kawit, Cavite, on June 12, 1898. He later convened a Congress at Barasoain Church in Malolos, Bulacan. The Congress drafted a constitution for the Republic. Because of the ongoing hostilities, most of the representatives to the Malolos Congress had to be appointed rather than elected.

The Malolos Constitution embodied principles of democratic governance such as the separation of church and state, election of government officials, and a Bill of Rights for citizens.

As soon as the Americans gained control of the Philippines in 1898, the President of the United States sent a Commission to study the social economic and political conditions of the Philippines. Headed by Jacob Gould Schurman, the first Philippines Commission recommended, among others, the establishment of a public elementary school system, with English as the medium of instruction the conduct of local elections; and preparation of the Filipinos for eventual self-government.

In 1900 the president of the United States sent the second Philippine Commission. Headed by William Howard Taft, the Commission exercised both legislative and executive powers in the colonial government. It enacted Act 82 on January 31, 1901, i.e., the Municipal Government Code of 1901.

they must be males, at least twenty-three years old,

must be literate in English or Spanish,must have held municipal office before

August 13, 1898 and must own real property worth at least US$

250 or must have paid an annual tax of US$ 15.

Given these qualifications, it was inevitable that only a few Filipinos (104,966 or 1.15 percent of the total population) could participate in the first ever election. This ensured that the landed elites would dominate not only the first municipal elections but the succeeding elections as well. The elections gave rise to the organization of political parties.

In 1902 the United State Congress enacted the Philippine Bill of Cooper Act, which provided for a bicameral legislative body for the Philippines. The Philippine Commission, whose members were appointed by the US president, became the upper chamber of the Philippine legislature as well as the executive branch of the colonial government. The Philippine Commission was initially composed entirely of Americans but Filipinos were gradually appointed as members. The Philippine Assembly, whose members were to be elected by qualified Filipino voters, was the lower chamber of the Philippine legislature.

1.) pacification of the entire Philippines,

2.) the conduct of a national census of population in the country, and

3.) the lapse of two years after the publication of the results of the census. The census of population was needed as basis for the appointment of legislative districts in the country.

The first elections for the Philippine Assembly were held in 1907. By this time the American authorities had granted recognition to the recognized Nacionalista Party. The Federalista Party had changed its name to Partido Nacional Progresista with its platform of gradual Philippine Independence.

The Philippine Assembly had eighty members who were elected from legislative districts apportioned among the thirty-four regularly organized provinces on the basis of population.

had to be male, at least twenty-five years old; a qualified voter in his chosen electoral

district; must own property valued at least P500; must have held public office during the

Spanish colonial regime; must be able to read , speak, or write Spanish

or English; and must swear allegiance to the United States.

Members of the Assembly served for a term of two years. This term was changed to four years in 1911 by an act of the US Congress. Representatives from the non-Christian provinces were appointed by the American governor-general.

Members of the Philippine Assembly elected from among themselves a presiding officer, the Speaker. The Speaker thus became the highest elected Filipino official during the time. As such he exercised considerable power and influence in the colonial government. He was often consulted by the American governor-general on matters of policy.

In 1916, the US Congress enacted the Philippine Autonomy Act also known as Jones Law. The act reorganized the Philippine legislature into a bicameral, Filipino-controlled body. The Senate, which was composed of twenty-four members, replaced the Philippine Commission as the upper chamber. The House of Representatives replaced the Philippine Assembly as the lower chamber. This resulted in the separation of the legislative from the executive branch of the colonial government, which continued to be headed by the American governor-general.

Members of the Philippine Senate were to represent twelve senatorial districts. Twenty-two senators from eleven districts were to be elected to serve for a term of six years on a staggered basis. In the first elections for the Senate, the candidate who garnered the higher number of votes of the winners in each district was to serve for six years, the second candidate would serve for three years. Thereafter, the twenty-two senators were elected to serve for six years. The two senators from the twelfth senatorial district composed of the non-Christian provinces, Mindanao and Sulu, were to be appointed by the Governor –General and were to hold office until removed by him.

At least 30 years oldQualified electorAble to read and write either in Spanish or

EnglishA resident of the senatorial district that he

was to represent for at least one year immediately prior to his election.

A person had to be at least twenty-five years old

Qualified elector Able to read and write either in Spanish or

English A resident of the district for at least one year

immediately prior to his election.

The Tydings-Mc Duffie Act provided for the grant of independence to the Philippines on July 6, 1946, the establishment of a transition Commonwealth government preparatory to independence, and called for the drafting of a constitution that would become the fundamental law of an independent Philippine Republic. Elections to choose delegates to the Constitutional Convention were held in 1934.

The 1935 Constitution gave women the right to suffrage. Despite this change in the qualifications of voters, the legislature remained a predominantly male, elite-dominated body.

Quezon controlled both the executive and legislative branches of government. This was because his position as titular head of the Nacionalista Party and the practically one-party government that was in place.

Because of Quezon’s leadership position in the Philippine legislature from 1915 to 1934, he effectively controlled the legislative agenda of the National Assembly and also practically dictated the choice of leaders in the legislature. He certified urgent legislation which the National Assmebly enacted during the period 1935-1940. These were intended to prepare the Philippines for political and economic independence. One of the first acts he proposed to the National Assembly, and which was approved immediately, was the creation of the National economic Council (NEC). The NEC was to advise the government on economic and financial matters.

In 1939, the National Assembly proposed the amendment of the Constitution to restore bicameral Congress composed of Senate and the House of Representatives. Another amendment changed the term of office of the President of the Philippines from six years without reelection to four years with reelection but with a term limit of not more than eight consecutive years. The proposals were approved in a plebiscite in 1940, and elections for the Congress were held in 1941.

The 1940 amendments provided that the Senate would be composed of twenty-four elected members who were to serve for a term of six years. Senators were to be elected on a staggered basis. In the first elections for Senators, the eight were to serve for two years. All the succeeding elected Senators were to serve for six years.

The House of Representatives was to be composed of not more than 120 members who were to be elected from congressional districts which would be apportioned on the basis of population, with each province having at least one representative. Members of the House of Representative were to serve for a term of for years.

The Japanese invaded the Philippines in 1942 an established a Philippine executive Commission (PEC) under the Japanese Military Administration. The PEC had very little legislative powers as the Japanese controlled the government. In June 1943, a Preparatory Commission for Philippine Independence (PCPI) was created to draft a constitution for the country.

The 1943 Constitution provided for the election of a president by members of the National Assembly. He was to exercise executive powers. The National Assembly was a unicameral legislature composed of provincial governors and city mayors acting as ex-officio members and one elected representative from each province. This it had only half of its members elected: fifty-four representatives who were to serve three years. The rest of the members were appointed- forty-six provincial governors and eight city mayors- and were to serve as members of the Assembly for as long as they occupied their local positions.

Under the 1943 Constitution, the President was given strong powers making the legislature subordinate to the executive. The President had the power to appoint provincial governors and city mayors. This was in contrast to the binding nature of the Acts passed by the National Assembly under Commonwealth government.

On June 9, 1945, President Osmeña called a joint special session of the Philippine Congress with seventy out of ninety-eight representatives and thirteen out of twenty-four senators present. This congress served as the last legislature of the Philippine Commonwealth and the first Congress of the Republic of the Philippines in July 1946. It functioned as the legislature until Martial Law was declared in September 1972.

Congress was a bicameral body with a twenty-four member Senate and a House of Representatives. Eight Senators were chosen at large every two years, with each Senators serving a term of six years. There was no term limit for the members of the Senate.

A person had to be a natural-born citizen of the Philippines;

At the time of his election at least thirty-five years old;

A qualified elector, and A resident of the Philippines for not less than

two years immediately prior to his election (1935 Constitution, Art. 6, Sec. 4)

A person had to be a natural-born citizen of the Philippines;

At the time of his election at least twenty-five years old;

A qualified elector, and A resident of the Philippines for not less than

one years immediately prior to his election (1935 Constitution, Art. 6, Sec. 7)

The Constitution provided that maximum number of members of the House of Representatives was 120. They were to serve for a term of four years with unlimited reelection. The number of representatives was apportioned among the provinces on the basis of population, with each province having at least one representative. The actual number of representatives increased from 97 in 1946 to 108 in 1970. The increase was due to the creation of new provinces.

The main function of Congress was to enact laws and policies govern the country. It has the power to enact revenue and tariff measures: to appropriate money for the functioning of the government; to create provinces, cities, and municipalities; to create and reorganize executive departments, bureaus, agencies, offices, and inferior courts; and to grant franchises.

The Constitution set limits to exercise of these legislative powers. Some of these are found in the Bill of rights. For example, Congress could not pass laws abridging the freedom of speech or of the press, or the right of the people to assemble and petition the government for redress grievances.

The Constitution mandated Congress to make rule of taxation uniform. It was prohibited from taxing cemeteries, churches, and parsonages or convent and all lands, building, and improvements used exclusively for religious, charitable, or educational purposes.

Prepared By: