Hostname: page-component-77c89778f8-vpsfw Total loading time: 0 Render date: 2024-07-21T10:18:35.511Z Has data issue: false hasContentIssue false

Elite Choices and Constitutional Guarantees of Local Autonomy in the Third World: The Case of the Philippines, 1971–1973

Published online by Cambridge University Press:  28 November 2008

A. B. Villanueva
Affiliation:
Western Illinois University

Abstract

The second generation of constitutional elites who adopted the fundamental law of the Philippine Republic had hoped that through legislative discretion local governments would develop into strong and effective agents of the national government. This hope was dashed by the unwillingness of the legislative branch to make the local units less dependent on the central government and the meticulous way in which the President of the nation tried to control local officials instead of merely supervising them as the constitution provided. Against this background, the third generation of constitutional elites in the seventies felt that the constitutional compromise in the thirties between the historical view of localism and the legal theory of centralism in the form os presidential supervision over local governments was counter-productive. Accordingly, they considered a number of choices by which local autonomy could be clothed with constitutional protection. And so they wrote in the new Philippine constitution a mandate to the legislative branch to institutionalize the concept of local autonomy not only in form but in substance as well. They also modified Dillon's Rule, which used to govern national—local relations, by subjecting the legislative power to create or abolish local units to popular approval by placing a shotgun behind the door—the referendum. Elite decision to opt for this type of mandatory autonomy was not in response to mass demands, since the masses were uninformed about the local autonomy issue. Rather, it was due to elite perception of what they considered to be the public good which motivated them to take this bold and forward step towards local political development during the nation's crucial period of its existence.

Type
Articles
Copyright
Copyright © Cambridge University Press 1980

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

1 Constantino, Renato A., A History of the Philippines: From the Spanish Colonization to the Second World War (New York: Monthly Review Press, 1975), p. 315.Google Scholar

2 In defense of the committee report recommending greater local autonomy, Delegate Abordo objected to leaving local autonomy to the discretion of the legislature. See Laurel, Sotero H., et al. , Proceedings of the Philippine Constitutional Convention (Manila: Lyceum Press, Inc., 1966), p. 767.Google Scholar

3 In explaining the compromise, Delegate Roxas said that the philosophy behind it is ‘to recognize that our present system of [local governments] has not yet attained perfection …’ Ibid. Reflecting on the compromise in later years, Delegate Aruego declared that ‘a broad guarantee of local self-government would be of no practical value.’ See Aruego, Jose M. (ed.), The Philippine Constitution: Origins, Making, Meaning, and Application (Manila: The Philippine Lawyers Association, 1972), p. 471.Google Scholar

4 Mariano, Leonardo C., ‘Local Government Finance,’ in Abueva, Jose Veloso and De Guzman, Raul P., Foundations and Dynamics of Filipino Local Government and Politics (Manila: Bookmark, 1969), p. 453.Google Scholar See also Tupaz, Antonio R., The New Constitution: Crisis and Reform (Quezon City: Superius Management & Investment Corporation, 1973), p. 241.Google Scholar

5 Leichter, Howard M., Political Regime and Public Policy in the Philippines: A Comparison of Bacolod and Iloilo Cities. Special Report No. 11, Center for Southeast Asian Studies, Northern Illinois University, 1975, p. 8.Google Scholar

6 Stauffer, Robert B., The Philippine Congress: Causes of Structural Change. Sage Research Papers in the Social Sciences, Vol. 3, 1975, p. 41.Google Scholar

7 Weintraub, Dov, et al. , Agrarian Development and Modernization in the Philippines. Modernization Series No. 2, Jerusalem Studies on Asia, 1973, p. 100.Google Scholar

8 Senate Congressional Record, Vol. II, No. 79, May 16, 1967, p. 3319.Google Scholar Osmeṉa explained the rationale of his position during the rest of the debate by relating his experience in the lower house some years ago: ‘When I was a congressman, I filed a bill making a uniform city charter but the different congressmen said the problems of Cebu are not the same as the problems in Bohol, in Camarines, in Luzon and so forth. So, each congressman wanted to file his own charter. Well, in the congress, there is an unwritten law … where one congressman will not meddle in the affairs of a district other than his own. So, as to local bills, the congressman concerned is given absolute autonomy. He knows the problems of his district.’ Ibid., p. 3326.

9 Senate Congressional Record, Vol. II, No. 46, April 13, 1967, p. 1221.Google Scholar

10 Senate Congressional Record, January 29, 1965Google Scholar in Manglapus, Raul S., Land of Bondage, Land of Freedom (Manila: La Solidaridad Publishing House, 1967), p. 121.Google Scholar

11 House Congressional Record, Vol. II, April 18, 1967, p. 41.Google Scholar A dimmer view was expressed by a political scientist, Remigio Agpalo, who warned that local autonomy would actually mean a surrender to local elites whose approach to politics is traditionalistic, particularistic, highly partisan, and intensely conservative. See his The Political Elite and the People: A Study of Politics in Occidental Mindoro (Manila: Regal Printing Press, 1972), p. 335.Google Scholar

12 Editorial, Sunday Times, 08 20, 1967, p. 4–A.Google Scholar

13 Senate Congressional Record, April 13, 1967, Vol. II, No. 46, p. 1208.Google Scholar

14 Comparative Studies in Local Government, Vol. 4, No. 1 (Summer 1970).Google Scholar

15 Peláez, Emmanuel, Government By The People (Quezon City, 1964), p. 95.Google Scholar

16 Abueva, José and De Guzman, Raul P., Handbook of Philippine Public Administration (Manila: College of Public Administration, 1967), p. 387.Google Scholar See also Maddick, Henry, ‘Assistance to Local Governments During the Second United Nations Development Decade,’ International Review of Administrative Sciences, 37:231 (1971),CrossRefGoogle Scholar and De Guzman, Raul P. and Tapales, Prosperpina D., Philippine Local Government: Issues, Problems, and Prospects (Quezon City: University of the Philippines Press, 1973), p. 190.Google Scholar

17 Editorial, Manila Times, 02 6, 1967, p. 4–A.Google Scholar

18 U. P. Law Center, Constitutional Revision Project, 1970, p. 731.Google Scholar

19 Ibid., pp. 700, 715.

20 De Guzman, Raul P. and Tapales, Proserpina D., ‘National–Local Government Partnership and the New Constitution,’ Philippine Journal of Public Administration, 15:400 (07/10 1971).Google Scholar

21 Ibid., p. 398.

22 Guzman, De and Tapales, , Philippine Local Government: Issues, Problems, and Projects, p. 150.Google Scholar

23 Macapagal, Diosdado, A New Constitution For the Philippines (Quezon City: Mac Publishing House, 1970), p. 93.Google Scholar

24 The idea of regionalism is not new in Philippine constitutional history. During the constitutional convention of the thirties, Delegate Abordo proposed ‘the creation of twelve states out of the then twelve senatorial districts and out of the forty-eight provinces as the best means to secure greater autonomy and economy to our local communities.’ He defended his proposal by stating that the ‘provinces are so small and their revenues are so limited, that in many cases there are provinces that have incurred deficits, not to mention instances in which they cannot afford to construct permanent improvements…’ Laurel, , et al. , Proceedings of the Philippine Constitutional Convention, p. 390.Google Scholar

25 Guzman, De and Tapales, , ‘National–Local Government Partnership and the New Constitution,’ p. 397.Google Scholar

26 U. P. Law Center, Constitutional Revision Project, 1970, p. 715.Google Scholar

28 The Reorganization of the Executive Branch of the Philippine Government (Manila: Lawin Publishing House, Inc., 1973), pp. 177, 222–3.Google Scholar

29 U. P. Law Center, Constitutional Revision Project, 1970, p. 745.Google Scholar

30 Ibid., pp. 737, 746.

31 Roth, David F., ‘Constitutional Choice in a Third World Nation: The Case of the Philippines, 1971–1973,’ Asian Profile, 3:518, 519 (10 1975).Google Scholar

32 United Nations, Local Government Reform: Analysis of Experience in Selected Countries, 1975, p. 141.Google Scholar

33 Mendoza, H. and Lim, A. B., The New Philippine Constitution (Manila: GIC Enterprises & Co., Inc., 1974), p. 240.Google Scholar

34 Fernando, Enrique M., The Constitution of the Philippines (Quezon City: Central Lawbook Publishing Co., Inc., 1974), p. 440.Google Scholar

35 Lapitan, A. E., ‘Citizen Assemblies in the Philippines: Institution Building Under Martial Law,’ Asian Profile, 3:419 (08 1975).Google Scholar See also Perez, Leonardo B., ‘Barangay Democracy and the New Society,’ Fookien Times Philippine Yearbook, 1975, p. 268.Google Scholar

36 Yoingco, Angel Q., ‘Tax Reforms Under The New Society To Spur The Economy,’ Fookien Times Philippine Yearbook, 1975, p. 109.Google Scholar