The Never Ending Democratization of the Philippines
91
Carolina Hernandez describes the country's security sector as being composed
of 1) the core security forces (AFP and PNP, intelligence services and CAFGUs),
2) the security management and oversight bodies (the President as commanderin-chief, the national security council, national intelligence and coordination
agency, congressional committees, executive departments (DND, DILG and
ofce of the Presidential adviser on the peace process), justice and law
enforcement bodies, and societal institutions (Hernandez 2009).
Her study examined ve dimensions as part of the Security Sector Reform
Index, namely: 1) principles of democratic governance; 2) extent of knowledge
and awareness, and capacity of oversight institutions; 3) performance record of
the security sector; 4) SSR programs and initiatives; and 5) contribution to
conict prevention and peace building (Ibid). Her study shows that the core
and oversight bodies of the security sector are vested with powers and duties.
Their lack of material and competent manpower, however, prevent these
bodies in the performance of their duties. The work of the legislative, executive,
and judicial oversight bodies are below standard. “There are far too many
instances of abuse, misuse, and lack of observance of applicable law, rules and
regulations in the exercise of these powers” (Ibid.)
B. Weak Horizontal Accountability and Employment of Delegative
Authority
It has been observed that the restoration of democratic institutions in our
country's “redemocratization” has been supercial (Rebullida in Morada and
Encarnacion Tadem 2006: 208). Indeed, contrary to the belief that presidential
governments organize three co-equals and coordinate branches of government,
the presidency is actually dominant vis-a-vis the Congress and the Supreme
Court and other state bodies. O'Donnell describes the features of delegative
democracy to include the direct election of the President by the people as the
basis of his or her mandate to rule as he or she sees t.
Given this mandate, the president is supposed to rise above partisan politics
and unite the fractious groups that divide the country under his or her popular
movement. In this context, the president is the epitome of the entire country
who should be given free rein in formulating and implementing his or her
program of government. The other branches of government like the legislature
and the judiciary are mere obstacles to his or her mandate. O'Donnell declares
that “accountability to such institutions appears as a mere impediment to the
full authority that the President has been delegated to exercise” (O'Donnell in
Diamond and Plattner 2009: 37).
The strong president enables the executive to encroach on the authority of
the Congress and the Supreme Court as well as the authority of other state
bodies thus weakening horizontal accountability. Moreover, these same
powers encourage employment of delegative authority and their abuse, thus
placing the rule of law in jeopardy. In this section, the actual practice of
separation of powers and system of checks and balances allowed the executive
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents