Presidential decrees (Philippines)

Presidential decrees (Philippines)
Name	Presidential decrees (Philippines)
Caption	Malacañang Palace, seat of the President of the Philippines
Promulgated by	Ferdinand Marcos
Date promulgated	1972–1986
Status	Historical

Presidential decrees (Philippines) were a series of executive issuances promulgated during the administration of Ferdinand Marcos under the period of Martial law in the Philippines and the Fourth Republic of the Philippines. They functioned as laws enacted by decree, affecting institutions such as the Court of Appeals of the Philippines, the Philippine National Police, the Armed Forces of the Philippines, and economic sectors including the Philippine Coconut Authority and the National Economic and Development Authority. The decrees intersected with political events like the People Power Revolution and figures such as Corazon Aquino, shaping debates in bodies like the Supreme Court of the Philippines and influencing subsequent statutes enacted by the Congress of the Philippines.

History

The genesis of the decrees traces to the declaration of Proclamation No. 1081 (1972) by Ferdinand Marcos which placed the Philippines under Martial law. Following Proclamation No. 1081 (1972), Marcos issued instruments including Presidential Decree No. 1 and administrative actions that restructured agencies such as the Department of National Defense (Philippines), the Department of Justice (Philippines), and the Department of Finance (Philippines). During the 1973 Constitution era and the establishment of the Batasang Bayan, decrees like Presidential Decree No. 851 and Presidential Decree No. 1606 had effects on institutions including the Bangko Sentral ng Pilipinas and the Philippine Merchant Marine Academy. The decrees operated alongside instruments such as Letters of Instruction and Executive Orders of the Philippines, reshaping governance until the termination of the Marcos administration during the 1986 Philippine presidential election and the EDSA Revolution.

Legal basis and constitutional context

The legal foundation asserted for the decrees relied on powers claimed under Proclamation No. 1081 (1972), provisions of the 1973 Constitution (Philippines), and the executive prerogatives of the President of the Philippines. The Supreme Court of the Philippines adjudicated issues about their validity in cases involving parties like Jovito Salonga, Banque de Ponce, and corporations such as San Miguel Corporation and Philippine Airlines. The compatibility of decrees with instruments like the 1987 Constitution of the Philippines and institutions such as the House of Representatives of the Philippines and the Senate of the Philippines was a focal point in constitutional litigation, involving bench members like Chief Justice Claudio Teehankee and Chief Justice Enrique Fernando.

Issuance process and characteristics

Decrees were promulgated at Malacañang Palace and published in vehicles including the Official Gazette (Philippines) and newspapers like the Manila Bulletin and the Philippine Daily Inquirer. They bore numeric identifiers (e.g., Presidential Decree No. 27, Presidential Decree No. 115), and often reorganized agencies such as the National Food Authority and the Philippine Ports Authority. Characteristically, decrees combined executive orders, administrative rules, and legislative norms, touching on sectors overseen by entities like the Civil Aviation Authority of the Philippines and the National Telecommunications Commission (Philippines). Persons involved in drafting or implementing decrees included ministers and secretaries such as Juan Ponce Enrile, Cesar Virata, and Roberto Ongpin.

Scope and limitations

The substantive reach of decrees extended to property relations involving parties such as Hacienda Luisita, corporate regulation impacting conglomerates like Ayala Corporation and San Miguel Corporation, and public order measures involving the Integrated Bar of the Philippines and the Philippine Constabulary. Limitations were contested in contexts involving fundamental rights protected by the 1987 Constitution of the Philippines, cases litigated before the Supreme Court of the Philippines, and principles recognized by international instruments like the Universal Declaration of Human Rights as invoked in litigation by victims of enforced disappearances and martial law abuses, including claimants represented by lawyers such as Feliciano Belmonte Jr. and advocates associated with groups like Karapatan.

Notable presidential decrees

Several decrees had long-lasting effects: Presidential Decree No. 27 (land reform measures), Presidential Decree No. 442 (Labor Code reorganization), Presidential Decree No. 705 (revised agricultural tenancy), and Presidential Decree No. 1529 (Philippine Mining Act precursor policies). Other consequential decrees touched on media and communications affecting entities like ABS-CBN Corporation and Philippine Long Distance Telephone Company, economic mechanisms involving the Central Bank of the Philippines and Development Bank of the Philippines, and security measures related to the National Intelligence Coordinating Agency and the Civil Aeronautics Board.

Judicial review and controversies

The Supreme Court of the Philippines reviewed the validity of numerous decrees in landmark cases such as those led by petitioners including Senator Benigno Aquino Jr. associates and litigants like Jovito Salonga. Decisions by justices including Justice Jose Feria and Justice Claudio Teehankee addressed doctrines on the separation of powers, retroactivity, and the nondelegation principle, with controversies centered on human rights claims involving groups like Amnesty International and prosecutions during the Operation Big Bird era. High-profile disputes implicated institutions like the Philippine Constabulary, Armed Forces of the Philippines, and private actors such as International Telephone and Telegraph subsidiaries.

Repeal, amendment, and transition to statutes

The end of Ferdinand Marcos rule and the ascent of Corazon Aquino led to acts by the Provisional Government of the Philippines and the promulgation of the 1987 Constitution of the Philippines, after which the Congress of the Philippines and legislative actors including members from the Laban ng Demokratikong Pilipino and Nationalist People's Coalition undertook processes to repeal, amend, or codify decree provisions into statutes such as the Comprehensive Agrarian Reform Law and the Labor Code of the Philippines revisions. Administrative instruments including Executive Orders of the Philippines and laws enacted by the Senate of the Philippines and the House of Representatives of the Philippines replaced or validated portions of decrees, while agencies like the Department of Justice (Philippines) and the Office of the Solicitor General (Philippines) handled litigation regarding continuity, compensation claims from entities like San Miguel Corporation, and transitional governance matters addressed during the Corazon Aquino administration.

Category:Law of the Philippines