The Distribution of Governmental Powers in the Philippines. A Study of the Present Government of the Philippine Island: Its Structure and the Relation of the Three Branches

This manuscript endeavors to show the presence of tripartite division of governmental powers in the present structure of the Philippine Government, as also found in most civilized governments. Despite the belief of many that the separation of powers in the Philippines is as complete as in most government, it is attempted here to show that the Philippine Autonomy Act does not intend to have the three governmental authorities absolutely independent of each other. This is particularly true of the Executive and the legislature in their relations with each other. What the fundamental low really intends to do is to "place in the hands of the people of the Philippines as large a control of their domestic affairs as can be given them without, in the meantime, impairing the exercise of the rights of sovereignty by the people of the United States, in order that, by the use and exercise of popular franchise and governmental powers, they may be the better prepared to fully assume the responsibilities and enjoy all the privileges of complete independence." By this, the Filipino people should be given participation in the exercise of the executive power, inasmuch as the Chief Executive is an American and he is neither a representative of, nor responsible to, the people of the Philippine Islands. The creation of the Council of State comprising the Governor-General as ex-officio member, the Department Secretaries, and the two spokesmen of the two houses of the legislature, demonstrates this fact.