XII. STRUCTURE OF THE PHILIPPINE GOVERNMENT

[Patterned after American system]

The government of the Philippine Islands as it now exists and

functions resembles in structure the Federal and State governments of

the United States. It is reared on the same fundamental principles of

representative democracy which have made the United States government

the model for other states, so that the Philippine government is

just as much a republican government as that of the United States;

the will of the majority rules.

The law of public officers as observed in the United States is

in effect in the Philippine Islands. The principle of division of

powers is recognized, and the functions of government are distributed

among three departments, the executive, the legislative, and the

judicial. The principle of checks and balances is likewise observed,

and the legislature and the courts are prohibited from delegating

their powers. The passage of irrepealable laws is forbidden. The

government is immune from suit at the instance of private individuals

except with its consent.

DEPARTURES FROM AMERICAN STANDARDS.--There have been several

departures, however, from the American standard of government that have

been made by the Filipinos. For instance, the budget system has been

adopted previous to its adoption in the United States to provide for

economy and certainty in expenditures. The Council of State was created

as a coördinating and advisory body to the Governor-General. It is

made up of the Governor-General as presiding officer, the six members

of the cabinet, the President of the Senate and the Speaker of the

House of Representatives. It also serves to bring the executive and

the legislative departments into close relationship. The creation

of the council seems to indicate a tendency to adopt in the future

a parliamentary or semi-parliamentary system of government.

In addition to the foregoing departments there is the further

innovation conferring on either house of the legislature, the right to

call and interpellate the secretaries of departments before it. The

secretaries of departments in turn have the right to be heard in

the legislature. The chairmen of the appropriation committees are

also empowered to require the attendance of chiefs of bureaus and

offices, thus bringing the executive and legislative departments in

close harmony.

[Autonomy]

All of the officials of the government are Filipinos with the exception

of the Governor-General and the Vice-Governor-General and the majority

of the members of the Supreme Court who are Americans, appointed by the

President of the United States. There is thus a practical autonomy,

the American chief executive having supervision and control of the

government in theory but in actual practice rarely acting on matters

of domestic concern except with the advice of the Council of State.

Appointments made by the Governor-General are with the advice and

consent of the Philippine Senate.

THE GOVERNOR-GENERAL.--The Governor-General is appointed by the

President by and with the consent of the Senate and holds his office

at the pleasure of the President and until his successor is chosen

and qualified. Through the Secretary of War, he is responsible

to the President and the American people for his acts. He has a

more responsible position than that held by the Governors of the

several states of the union. He is paid a handsome salary from

the Philippine government and is given free quarters. As chief

executive of the Islands, he is in charge of the executive control

of the Philippine government; which he exercises either in person or

through the secretaries of departments. He can veto laws passed by

the Philippine Legislature.

THE VICE-GOVERNOR.--The Vice-Governor is also appointed by the

President of the United States with the consent of the Senate. He

acts at the same time as the Secretary of Public Instruction and may

be assigned such other executive duties as the Governor-General may

designate. In case of vacancy in the office of the Governor-General,

the Vice-Governor acts.

THE EXECUTIVE DEPARTMENTS.--There are six executive departments. At

the head of each is a department secretary, who, with the exception

of the Secretary of Public Instruction, must be a citizen of the

Philippine Islands. As Secretary he is assisted by an under-secretary

who temporarily performs the duties of department secretary in case

of vacancy. The executive departments and bureaus, offices, and boards

pertaining to each are given below:

Governor-General:

Bureau of Audits.

Bureau of Civil Service.

All other offices and branches of the service not assigned

by law to any Department.

Department of the Interior:

Bureau of Non-Christian Tribes.

Philippine General Hospital.

Board of Pharmaceutical Examiners.

Board of Medical Examiners.

Board of Dental Examiners.

Board of Optical Examiners.

Board of Examiners for Nurses.

Board of Dental Hygiene.

Executive Bureau.

Philippine Constabulary.

Public Welfare Commissioner.

Department of Public Instruction:

Bureau of Education.

Philippine Health Service.

Bureau of Quarantine Service.

Department of Finance:

Bureau of Customs.

Bureau of Internal Revenue.

Bureau of the Treasury.

Bureau of Printing.

General supervision over banks, banking transactions, coinage,

currency, and except as otherwise specially provided, over

all funds the investments of which may be authorized by law.

Department of Justice:

Bureau of Justice.

Courts of First Instance and Inferior Courts.

Philippine Library and Museum.

Bureau of Prisons.

Public Utility Commission.

Department of Agriculture and Natural Resources:

Bureau of Agriculture.

Bureau of Forestry.

Bureau of Lands.

Matters pertaining to colonies and plantations on public lands.

Bureau of Science.

Weather Bureau.

Matters concerning hunting, fisheries, sponges, and other

sea products.

Department of Commerce and Communications:

Bureau of Public Works.

Bureau of Posts.

Bureau of Supply.

Bureau of Labor.

Bureau of Coast and Geodetic Survey.

Bureau of Commerce and Industry.

The Executive Bureau and the Bureau of Non-Christian Tribes, both of

which are under the Department of the Interior, exercise supervision

over the provincial and municipal governments. The Executive Bureau

has charge of the so-called regular provinces, and the Bureau of

Non-Christian Tribes of those inhabited by the backward inhabitants

of the Philippines including the Moros in Mindanao and the Igorotes

of the mountain regions of Luzon. The functions of these two bureaus

are practically identical, the difference lying only in the degree

of civilization of the inhabitants over whom they have supervision.

THE LEGISLATIVE DEPARTMENT.--The legislative branch of the Philippine

government is vested in the Philippine legislature. It is made

up of two separate coördinate bodies, the Senate and the House of

Representatives. All the senators and representatives are elected by

direct popular suffrage with the exception of the representatives and

senators from the Mountain Province, the Province of Nueva Vizcaya,

and the provinces in Mindanao and Sulu who are appointed by the

Governor-General with no restriction as to residence or length of

office. The elective representatives hold their office for terms of

three years and the senators for terms of six years.

Laws dealing with certain special subjects such as the tariff and the

mining laws require the approval of the President of the United States.

The Senate has twenty-four members consisting of two senators from

each of the twelve senatorial districts. The lower house has ninety

members, determined by the population of each province. Appropriation

bills originate by custom in the House of Representatives.

THE JUDICIARY.--An independent judiciary system completes the

governmental structure. The administration of justice is entrusted

to the Supreme Court, the Courts of First Instance, the Municipal

Court of the City of Manila, and the courts of justices of the peace

in each municipality.

The Supreme Court is the highest legal entity in the judiciary

system. It has an appellate jurisdiction in all actions and special

proceedings brought to it from the Courts of First Instance and from

other inferior tribunals from whose decision appeals to the Supreme

Court are allowed. The justices of the Supreme Court are appointed

by the President of the United States with the consent of the United

States Senate and serve during good behavior. It is made up of nine

justices, the chief justice and eight associate justices. The chief

justice has always been a Filipino. It seats in banc to transact

business. It also seats in divisions for the same purpose, and when

it so sits, four justices constitute a quorum so that two divisions

may sit at the same time.

Appeals to the Supreme Court of the United States are allowed in

certain cases only.

The judges of the Court of First Instance are appointed by the

Governor-General with the consent of the Philippine Senate and serve

practically for life, the only restriction being that they must retire

upon reaching sixty-five years of age. The justices of the peace are

also appointed by the Governor-General with the advice and consent

of the Philippine Senate.

PROVINCIAL GOVERNMENT.--The Philippine Archipelago is divided into

46 provinces, 34 of which are designated as regular provinces and

the remaining 12 as special provinces.--The chief executive of a

regular province is the provincial governor, who is an elective

official. He, together with two other elective members, form the

provincial board which constitutes the legislative branch of the

provincial government. In the special provinces, with the exception of

Mindoro, Palawan, and Batanes, the provincial governors are appointive

officials.

MUNICIPAL GOVERNMENT.--As the name indicates, this branch of the

Government has charge of the municipalities or towns. The chief

executive of a municipality is called the municipal president. The

municipal council, which is the legislative branch of the municipal

government, consists of from 8 to 18 councilors, depending on the

size of the municipality. There is a vice-president who substitutes

the president during his absence or disability and who is ex-officio

member of the council. All these officials are elected by the people.

EXPENSES OF THE PHILIPPINE GOVERNMENT.--All the expenses of the

Philippine government are paid for from the Insular Treasury. The

United States government pays for nothing in the administration of the

Islands except for the army and navy and the salaries of the resident

commissioners from the Philippines who are stationed in Washington

and granted the privileges of members of Congress.

An investigation into the expenses incurred by the United States for

the Philippine Islands, exclusive of the maintenance of her army and

navy, elicits the following facts:

1. That the Philippines has always been a self-supporting country;

all expenditures have been drawn from ordinary revenues.

2. That the sum of $267,663.26 pertaining to the former government of

Spain and seized by the United States, and therefore legally pertaining

to the latter country, was subsequently turned over into the general

fund of the insular government.

3. That the Congress of the United States appropriated the sum

of $3,000,000, known as the "Congressional Relief Fund," for the

purchase, distribution and sale of farm implements, farm or draft

animals, supplies and necessaries of life, extermination of pests,

relief for sufferers due to fire and other calamities, etc. This

amount has been, at different times, appropriated by the Philippine

Commission for the purposes above mentioned. The unexpended balance

from this fund was subsequently turned over into the general funds.

Aside, therefore, from the Spanish seized funds and the expenses

for the army and navy, the only amount expended by the United

States directly for the benefit of the Philippine Islands was the

Congressional Relief Fund. The Philippine government having always had,

at the end of every year, an excess of ordinary revenue over ordinary

expenditure, the United States could not have any other occasion to

give direct pecuniary aid for the maintenance of the Islands.

FINANCIAL STATUS.--The Philippine government today is on a solid

financial basis as any government in the world. It is self-supporting,

its taxation is adequate to its needs, the per capita tax of the

people is low. The Filipinos bear a smaller burden of taxation

than the natives of Great Britain, United States, Japan, Argentina,

and Brazil. The year, 1922, was presented with an aggregate surplus

of approximately $64,000,000 in central, provincial, and municipal

governments including the City of Manila. This goes to show that both

the central and local governments are on a sound financial basis.

A clearer comprehension of the financial standing of the government

may be had from an inspection of the following tables:

STATEMENT OF RECEIPTS, EXPENDITURES, AND SURPLUS OF

THE INSULAR GOVERNMENT, 1921-1922

Items of revenue and expenditures 1921 1922

Pesos Pesos

Revenue:

Licenses and business. 14,246,440 13,755,670

Import duties. 12,778,791 11,362,250

Excise Tax. 13,327,843 13,444,281

Income tax. 4,880,370 1,943,716

Wharfage tax. 1,473,627 1,852,095

Franchise tax. 243,618 109,749

Documentary stamp tax (customs and

internal revenue). 951,809 990,933

Immigration tax. 237,040 239,152

Tonnage dues. 254,515 276,130

Inheritance tax. 210,303 121,812

Revenue from public forests. 923,216 854,337

United States internal revenue. 756,444 1,428,959

Fines and forfeitures. 663,415 799,553

Sales and rentals of public domain. 22,110 24,254

Income from commercial and

industrial units. 12,771,068 11,130,403

Income from operating units. 254,514 133,698

Dividends on bank stock. 463,373 ----

Interest repayments, railway companies. 192,716 387,785

All other income [2]. 67,430,039 74,427,334

Prior year adjustments. 1,282,547 531,826

----------- -----------

Total. 133,363,798 133,813,937

Less apportionments of internal

revenue to local governments. 3,164,084 3,164,084

=========== ===========

Total revenue. 130,199,714 130,649,853

Expenditures:

General administration [3] 2,046,646 2,272,591

Legislation 1,413,541 1,547,683

Adjudication 1,891,080 1,747,093

Protective service [4] 5,783,904 4,866,840

Social improvement [5] 13,084,682 13,709,846

Economic development [6] 53,820,568 14,037,386

Aid to local governments 14,305,267 15,561,867

Expense of revenue collection 11,275,497 9,963,714

Public debt 3,811,266 5,117,494

Public works and purchase of

equipment 10,209,597 9,670,476

Retirement gratuities [7] 521,226 397,886

Pensions Acts 2909 and 2922 12,000 12,000

Prior year adjustments 18,937 6,248

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Total 118,194,211 78,911,424

----------- ----------

Current surplus for the year 12,005,503 51,738,429

Current surplus at the beginning

of the year 43,937,712 55,943,215

Current surplus at the end of the year 55,943,215 107,681,644

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