The Never Ending Democratization of the Philippines
81
is a public trust (O'Donnell 1998: 117). The strong president is able to engage in
clientelism, corruption and patrimonialism. The vast powers of the executive
enable him to encroach on the authority of the other branches and bodies of
government.
This paper acknowledges that accountability has three
aspects—transparency, answerability, and controllability (Gloppen,
Gargarella, and Skaar 2004: 1). Transparency and controllability are
emphasized in this study. The aspect of answerability could be reinforced by
transparency and controllability because the rigid standard of due process
could be better served. Weak horizontal accountability leads to bad
governance—opaque, unanswerable, and uncontrollable governance. This
hinders the development of effective political institutions needed to address the
country's chronic economic and social problems.
Hence an emphasis of this study is to see how the constitutional principles of
separation of powers and the system of checks and balances are practiced.
Applicable laws implementing relevant provisions of the constitution will be
looked into. Illustrative cases will be examined to nd out how constitutional
principles have been modied in practice that consequently weakened
horizontal accountability. In particular, the executive's military power and the
power over the budget will be examined.
The systemic reforms pushed by advocates of charter change need to be
examined carefully. We must be aware of the consequences, most especially of
the unintended ones, of the proposed fundamental revision of our charter.
Hence, it is deemed in this study that the more prudent approach of incremental
change through a more modest legislative agenda should be pursued instead.
Recent developments show that litigation about fundamental issues
concerning the boundaries of separation of powers is another feasible approach
toward a more functional system of checks and balances.
Analyzing the Impact of Executive Hegemony
This paper argues that the strong position of the President or the executive
hegemony relative to the legislature and the judiciary in the Presidential form of
government weakens horizontal accountability and even threatens the very
existence of this accountability such as in the case of executive coups (Diamond,
Linz and Lipset, op.cit.: 39-42; also O'Donnell in Diamond and Plattner 1996: 94108). The strong President has military powers enabling him to rule by decree.
Even in times when the executive is not exercising his military powers, his other
powers enable him to encroach and diminish the authority of other state bodies
which are unable to enforce accountability (O'Donnell 1998: 120). His other
powers are not only legislative powers (see Croissant 2003: 68-98 for the
analysis of his legislative power), but include the power over the budget. These
powers have made the President's authority nearly ubiquitous in the entire
state apparatus. The difculty of impeachment and the immunity from suits
have made him almost above the law. Moreover, the President and his political
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