The Never Ending Democratization of the Philippines
101
Conclusion
In theory, the separation of powers and system of checks and balances of the
presidential form of government aim at preventing the abuse of power and the
protection of the rights of the people. The co-equal and coordinate branches of
government are meant to ensure such goals of a democratic polity. However,
the actual practice of the presidential form of government in the Philippines
deviates from this theoretical perspective. The president, in accordance with
the 1935 Constitution, had abolished Congress and controlled the Supreme
Court during the martial law period. Under the 1987 Constitution, the
presidency had also encroached on the legislative power of the purse. Hence,
instead of a system of checks and balances, the vast powers of the presidency
have allowed the incumbent to dominate the legislature, judiciary, and
constitutional bodies. It is this executive hegemony that has undermined and
weakened the legislature, judiciary and constitutional bodies and has stalled
the democratization of our country.
These vast powers of the presidency enable the incumbent to employ
delegative authority that benets him/her and relatives, friends, and political
allies. Weak horizontal accountability, corruption, and clientelism go together
in the Philippine presidential government. It has prevented the government
from effectively dealing with the country's chronic economic and social
problems. Indicators of the quality of life (longevity, knowledge, and standard
of living) have shown no marked improvement for most of Filipinos.
From the institutional perspective, the agenda for reforms might be pursued
grandly or incrementally. Grand reforms are in the form of systemic change
through the revision of the constitution. Incremental reforms are in the form of
more modest amendment or revision of statutes. Grand reforms such as the
adoption of a parliamentary form of government and the federal system require
very careful consideration because of possible unintended consequences.
Moreover, this approach has proved highly divisive. The more prudent course
to take is the incremental approach. In the post-Edsa period, the establishment
of LEDAC through legislation went almost unnoticed. But as we have seen, this
advisory council could serve as a possible platform for further legislative
oversight. The restoration of the power of the purse to Congress is the priority.
Thanks to the power of judicial review, the Supreme Court had taken the initial
step of restoring to Congress the power of the purse. It has ruled that the PDAF
and DAP are unconstitutional. The implementation of the budget should now
be transparent and controllable by Congress. The reform effort should also
concentrate on the existing mechanisms for executive-legislative-judicial
coordination. The amendment of the implementing rules and regulations of the
LEDAC and JELACC to create the subcommittee of budget would enable
leaders of Congress and the Supreme Court to have another institutional access
to information about budget releases, realignments, and savings. The
availability of this information could prevent the employment of delegative
authority similar to the pork barrel scandal.
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