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Chasing the Wind: Assessing Philippine Democracy, Second Edition
encroachment of the authority of the other branches of government; and the
inability to check the President's employment of delegative authority likely
resulting to corrupt practices. These adverse effects on accountability are
shown in the actual practice of the President's military power, and the power
over the budget.
A. Wiping Out Horizontal Accountability
Executive Coup/Constitutional Authoritarianism
The unilateral proclamation of Martial Law by Marcos under the military
power of the President in case of invasion, insurrection and rebellion or the
imminent danger thereof, is the clearest instance why the vast powers of the
President is a threat to horizontal accountability. This power allowed Marcos to
rule by decree. This does not only encroach on the powers of Congress but
actually added the legislative power to the already formidable powers of the
executive. As we all know, the horizontal accountability meant to be
established by the constitutional structure of check and balance collapsed in
September 1972. With one stroke of the pen through Proclamation 1081,
Ferdinand Marcos ruled the Philippines by decree during the martial law
period from 1972 to 1986.
In a series of cases brought before the Supreme Court questioning the
constitutionality of Proclamation 1081 which placed the entire country under
martial law, the court ruled that it is a political question, and hence outside the
highest court's power of judicial review (Aquino v. Enrile, G.R. No. L-35546, 59
SCRA 183).The high court argued that its decision is based on American
jurisprudence and the principles of international law. In fact a number of
justices even acknowledged that the reasons stated in the proclamation are
factual and of common knowledge. In this instance, the Supreme Court's ruling
conferred legitimacy on the president's rule by decree. To retired Associate
Justice Isagani Cruz, the imposition of martial law began the most shameful
period in the history of the Supreme Court (cited by Atienza and Baylon in
Morada and Encarnacion Tadem 2006: 350).
Marcos' main instrument in implementing his authoritarian rule was the
military and the national police (Hernandez 2002: 27-28). He had to hold its
support and extended favors and privileges to the organization particularly to
the military leadership. It became a rather common practice to extend the term
of ofce of the chief of staff beyond his retirement age. The military
organization was restructured to accommodate the promotion of a growing
number of ofcers to the various grades of the rank of general. The established
rules on the appointment to executive positions of the civil service were in effect
revised to appease the military establishment and the police organization. The
policy of appeasement led military ofcers to be appointed to positions in the
civilian bureaucracy—bureau of customs, bureau of internal revenue,
government-owned and controlled corporations, the Foreign Service corps,
and local government units, among others. The domain of military authority
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