INTERNATIONAL PHILIPPINE SCHOOL IN JEDDAH

P.O. Box 112696, Jeddah 21371, Kingdom of Saudi Arabia

DIFFERENCES BETWEEN
SPANISH COLONIAL GOVERNMENT AND
DEMOCRATIC FORM OF GOVERNMENT

-o0o-

CONTRIBUTIONS OF
SPANISH COLONIAL GOVERNMENT TO THE
PRESENT PHILIPPINE GOVERNMENT


Submitted to:

Mrs. Mary Ann P. Ferrer
Social Studies



Submitted by:

Ziv Colin D. Magbanua
Grade 5 Mercury
S.Y. 2014-2015

Differences between Spanish Colonial Government
and Democratic Form of Government

Spanish Colonial Government
Spanish Colonial Government in the Philippines was a centralized colonial
government that started during the Spanish colonization in the Philippines
when the government was composed of two branches, the executive and the
judicial. There was no legislative branch on that time since the laws of the
islands were coming from Spain. The only laws created in the Philippines
are those who were ordered by the Governor General.

The government on that time was led by the Governor General. He was
considered as the representative of Spain and the King himself. He is the
highest officer in the island and responsible for implementing laws from the
mother country. He also has the power to appoint or relieve officers in the
government or priest in the parish, except with those personally appointed
by the king of Spain.

The provinces in the island were called as Encomienda and were governed
by the Encomienderos, later they were replaced by the Alcalde Mayor.
Alcalde Mayor had both the executive and judicial power. He had also
given the right to collect taxes. The Alcalde Mayor was also allowed to
establish a business because of its limited salary. In 1886, their executive
power was abolished but their judicial powers remain.

Small towns were governed by the gobernadorcillo. Under his authority
were one police chief and the lower government employees from which he
had jurisdiction. Gobernadorcillo were elected by the married people but
later a gobernadorcillo was chosen by those outgoing in the position as his
replacement. The city was governed by two mayors, 12 councilors and a
police chief, a secretary and other employees. The city is called as
Ayuntamiento.

The Encomienda system was implemented. It is a system from which the
king has the right to transfer the authority of a particular land to any
Spanish individual or institution. Those individual who possess the right of
encomienda was called as Encomiendero. An Encomiendero has
authority to collect taxes from the people in his jurisdiction. He also has the
duty to care and look for the benefits of those citizens.

Unfortunately, the encomienda system was misused by some
encomienderos. A lot of them use the encomienda for their own interest.
They tend to abuse their power, collecting taxes more than the real tax
value. The encomienderos abuse their powers which sometimes made
people revolts against them. The encomienda system created hindrances
for the economic development of the masses. This making the elite richer
and making the economic situation of the majority under developed.
Although the encomienda system is designed for governance, its
implementation gives negative effects to the people from which the
encomienderos abuse their power against the people, to whom they are
bound to govern.

Democratic Form of Government
Democratic form of government in the Philippines takes place in an
organized framework of a presidential, representative, and democratic
republic whereby the president is both the head of state and the head of
government. Our constitution states in Article II, Section 1, that: "The
Philippines is a democratic and republican State. Sovereignty resides in the
people and all government authority emanates from them." The Philippine
government has been operating as a democracy when its citizenry cast their
votes to elect officials who will lead the country. This system revolves around
three separate and sovereign yet interdependent branches: the legislative
branch (the law-making body), the executive branch (the law-enforcing
body), and the judicial branch (the law-interpreting body). Executive power
is exercised by the government under the leadership of the president.
Legislative power is vested in both the government and the two-chamber
congressthe Senate (the upper chamber) and the House of Representatives
(the lower chamber). Judicial power is vested in the courts with the Supreme
Court of the Philippines as the highest judicial body.

The executive branch is headed by the President who functions as both the
head of state and the head of government. The president is also the
Commander-in-Chief of the Armed Forces of the Philippines. The president
is elected by popular vote to a term of six years. The president, then,
appoints (and may dismiss) his/her cabinet members whom he/she
presides over. The executive seat of government is administered officially
from Malacaang Palacealso the official residence of the presidentin
Manila. The President may no longer run for re-election, unless he/she
becomes president through constitutional succession and has served for no
more than four years as president.

The second highest official, the Vice-President is first in line to succession
should the president resign, be impeached or die in office. The vice-
president usually, though not always, may be a member of the president's
cabinet. If there is a vacancy in the position of Vice President, the President
will appoint any member of Congress (usually a party member) as new Vice
President. The appointment will be validated by a three-fourths vote of
Congress voting separately.

The remainder of the House seats are designated for sectoral representatives
elected at large through a complex "party list" system, hinging on the party
receiving at least 2% to 6% of the national vote total. The upper house is
located in Pasay City, while the lower house is located in Quezon City. The
district and sectoral representatives are elected with a term of three years.
They can be reelected but they are no longer eligible to run for a fourth
consecutive term. The senators are elected to a term of six years. They can
be reelected but they are no longer eligible to run for a third consecutive
term. The House of Representatives may opt to pass a resolution for a
vacancy of a legislative seat that will pave way for a special election. The
winner of the special election will serve the unfinished term of the previous
district representative; this will be considered as one elective term. The same
rule applies in the Senate however it only applies if the seat is vacated
before a regular legislative election.

The judiciary branch of the government is headed by the Supreme Court,
which has a Chief Justice as its head and 14 Associate Justices, all
appointed by the president on the recommendation of the Judicial and Bar
Council. Other court types of courts, of varying jurisdiction around the
archipelago, are the:
1. Lower Collegiate Courts:
Court of Appeals
Court of Tax Appeals
Sandiganbayan
2. Regular Courts
Regional Trial Courts
Metropolitan Trial Courts
Municipal Trial Courts
Municipal Trial Courts in Cities
Municipal Circuit Trial Courts
3. Muslim Courts
Sharia District Courts
Sharia Circuit Courts

Elected, as well as appointed government officials are accountable to the
Filipino people. Section 1, Article XI of the 1987 Constitution declares that
Public office is a public trust. Public officers and employees must at all
times be accountable to the people, serve them with utmost responsibility,
integrity, loyalty, and efficiency, act with patriotism and justice, and lead
modest lives.

If elected or appointed government official are not performing well enough of
their sworn duties and responsibilities, they can be held criminally and/or
administratively liable. Impeachment is another national inquest of public
servants who are alleged to have culpable violation of the Constitution,
treason, bribery, graft and corruption, other high crimes, or betrayal of
public trust. Under the Constitution only the following public officers may
be impeached: The President, Vice-President, the Members of the Supreme
Court, the Members of the Constitutional Commissions, and the
Ombudsman.


References

Camello, MO. Our Republican Government We were never told that We have
2 powerful votes in it. Available online at http://www.the-filipino-
people.com/Republican-Government.html

Malig, JN. The Type of Government in the Philippines in the Spanish
Colonial Period. Available online at http://history.knoji.com/the-type-
of-government-in-the-philippines-in-the-spanish-colonial-period/

Philippine Government. Available at http://www.gov.ph/about/gov/

The Impeachment Process. Available online at
http://www.abogadomo.com/law-professor/law-professor-
archives/the-impeachment-process

Contributions of Spanish Colonial Government to the
Present Philippine Government

The Spanish Colonial Government had contributed to the present Philippine
Government. Hereunder are the started during the Spanish colonization in
the Philippines when the government was composed of two branches, the
executive and the judicial. There was no legislative are the influences of the
Spanish Colonial Government in shaping up the present Philippine
Government.

Political Structure
The political structure of the present Philippine Government was influenced
by the Spanish Colonial Government. Although dissimilar in its governance,
it is patterned on having people elected or appointed to positions to help run
the present Philippine Government.

Politico-territorial Organization
The emergence of the present system of politico-territorial organization of
villages, towns, and provinces was brought about by the Spanish authorities
congregated the scattered Filipino population into clustered village
settlements. Nowadays, our political system is composed of barangays,
municipalities, provinces, districts, and regions.

Election
Election can be traced from its origin during the Spanish Colonial
Government when contests were held for all types of elective office where
principales or (educated wealthy Filipino families) had grouped themselves
into loosely factions to compete for election to the post of gobernadorcillo
(municipal mayor). This pattern remained unchanged up to the present
time. Most of those running for government office belong to well off families
or those with strong political influence. This also contributed to the
formation of political parties. Campaigning and mutual political assistance
can also be traced during the Spanish Colonial Government when aspiring
politicians who seek for higher office rely on the help of local politicians and
vice versa.

Taxation
Cedula (poll tax) as it was called during the Spanish Colonial Government
is still used today, but for a different purpose. A cedula is currently used
as community tax or residence tax for documentation purposes and not for
election purposes considering that voters ID are issued by the COMELEC
for election purposes. There are now various forms of taxes under the
present Philippine Government, such income tax, VAT, and excise taxes to
defray the necessary expenses of the government.


References

Bauzon, LE. (1991). Influence of the Spanish Culture. Philippines:
Encyclopedia of Southeast Asia, p. 195-196.

Gonzales, JRL. (2011). Taxation 101: Basic Rules and Principles in
Philippine Taxation. Available online at
http://www.slideshare.net/JRLopezGonzales/taxation-101-basic-
rules-and-principles-in-philippine-taxation-by-jr-lopez-gonzales-for-
msu-iit-political-science-seminar

Lande, CH. (1968). Parties and Politics in the Philippines, p. 725-747. USA:
University of California Press.

Trinidad, M. (2012). The Spaniards as Colonial Masters. Available online at
http://www.slideshare.net/MarcyTrinidad/spanish-colonial-
government