The Never Ending Democratization of the Philippines
87
on the domain of another, the executive is checked by the other branches of
government, and the abuse of power is prevented or punished. These features
of presidential government should be the hallmarks of a democratizing polity
moving towards consolidation.
In the Philippines, the president is the most powerful ofcial in relation to
members of Congress and the justices of the Supreme Court. The executive
powers that make him or her most powerful include the military power, the
power to prepare the budget as the basis of national appropriations, the power
to appoint, the power to disapprove bills passed by Congress, and the power to
chart the country's foreign policy. The framers of the 1935 Constitution
established “a strong President”. The Presidential system is described by the
framers of the constitution, thus:
There you have the separation of powers and the strong executive.
Moreover, the necessary adjunct of interdependence and
interrelation—the theory of checks and balances—is apparent.
(Proceedings of the Constitutional Convention 1934-35, November 12, 1934:
239).
The commissioners of the 1986 Constitutional Commission followed this
view about the need for a strong executive. It was argued that the President is
“responsible for everything that happens in the country” and hence, deserves to
be given the powers to be able to meet this expectation (Commissioner
Regalado, Records of the 1986 Constitutional Commission). This view
articulates the basis of the powers of the executive in both the American
Constitution and the 1935 Constitution of the Philippines.
Both the 1935 and 1987 Constitutions envisioned a strong President. This
strong president is supposed to be subject to the congressional and judicial
constraints on his power. These constraints are meant to limit the executive's
powers and make the system of checks and balances operational. O'Donnell
argues that ironically, the strong executive, from the delegative view of
authority, sees these limitations as mere hindrances for the attainment of his
mandate from the people (O'Donnell 1998). The executive employs his powers
to encroach on the authority of other government bodies and uses these powers
to advance his interests, his relatives, friends and political allies. In
transitioning polities like the Philippines, the strong President has the vast
powers of his ofce to encroach on the authority of the other branches of
government. Such dominance weakens horizontal accountability.
The Practice of Separation of Powers and System of Checks and Balances in
the Philippines
The adverse effects of the strong President on horizontal accountability are
manifested in at least three ways—the wiping out of accountability as when the
President abolishes the legislature and places the judiciary under his control; or
in ordinary times, the weakening of horizontal accountability through the
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