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Chasing the Wind: Assessing Philippine Democracy
suggest that the President should not be dominant relative to Congress and the
Supreme Court in what used to be deemed as an exclusive Presidential
power—proclamation of martial law and suspension of the writ of habeas
corpus. Following this lead, the direction of the agenda for institutional reforms
should be to strengthen Congress and the Supreme Court in order to check the
vast powers of the President. The powers of the executive should be more
effectively checked by the legislature. M. Steven Fish asserts that the strength of
national legislature may be a—or even the—institutional key to
democratization. Stronger legislatures served as the weightier check on
Presidents and thus a more reliable guarantor of horizontal accountability than
did weaker legislatures (M. Steven Fish in Diamond and Plattner 2009:20).
Specifically, these agenda for institutional reforms includes pushing for
legislation that will restore Congress' power of the purse, improve the
oversight function of Congress, enable the existing executive-legislative and
executive-legislative-judicial collaboration as the core mechanisms for
transparency and control of abuse of authority, and strengthen the fiscal
independence of the judiciary.
A significant initial step is to attempt to democratize public finance in the
country by trying to restore Congress' power over the purse. The executive has
encroached on this power during the authoritarian regime of Marcos through
Presidential Decree 1177—Institutionalizing Budgetary Reforms (Boncodin
2008: Philippine Human Development Report 2008/2009). It provides for the
automatic appropriation for the payment of the foreign debts incurred by the
government of the Philippines. This automatic appropriation removes from the
Congress the power to decide on the matter of payment for the country's
foreign debt.
This questionable provision of the Decree has been a bone of contention
between Congress and Malacañang. At the start of the Aquino revolutionary
government in 1986, the President decided to honor the foreign debts incurred
by Marcos. The automatic appropriation provided for in the decree was
adopted. The alternative policy of trying to negotiate for a condonation of the
debts with foreign governments, international financial institutions and
multinational banks was shelved. Hence, the budget process established
during martial law persisted, and reinforced the authoritarian mindset of the
executive and legislators as regards public finance.
Senator Aquilino Pimentel petitioned the Supreme Court to declare
Presidential Decree 1177 unconstitutional. The Supreme Court ruled that this is
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