88 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 ofce of the chief of staff beyond his retirement age. The military organization was restructured to accommodate the promotion of a growing number of ofcers 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 ofcers 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