Council of State (Philippines) explained

Council of State
Native Name:Tagalog: Filipino; Pilipino: Sangguniang Pambansa
Spanish: Spanish; Castilian: Consejo de Estado
Seal:Coat of arms of the Philippines.svg
Agency Type:Advisory body
Headquarters:Malacañang Palace, Manila
Chief1 Name:Bongbong Marcos
Chief1 Position:President of the Philippines
Keydocument1:Executive Order 168, s. 2003

The Council of State of the Philippines (Filipino; Pilipino: Sangguniang Pambansa) is an advisory body composed primarily of senior statesmen who act as advisors to the President of the Philippines, who is both head of state and head of government, as well as Commander-in-Chief of the Armed Forces of the Philippines. Customarily, former presidents are, among other things, made Councillors of State for life, owing to their experience and knowledge in the position.

History

Establishment

The council was first established during the American colonial period by Governor-General Francis Burton Harrison upon the recommendation of Senate President Manuel L. Quezon and House Speaker Sergio Osmeña. Harrison issued an executive order on October 16, 1918, creating the first Council of State in the Philippines "to harmonise the executive and legislative departments".[1] It was composed of the governor-general as chairman, the House Speaker, the Senate President, and members of the Cabinet.[2]

It was the council's duty to advise the Governor-General on matters such as the creation of policies for administering government offices.[3] The council's mandate included the provision that all executive bureaus except Public Instruction (presently the Department of Education) be headed by Filipinos, and that these agencies assist the Philippine Legislature in creating laws. Filipinos now had equal say in all aspects of policymaking and budget preparation. At the time Governor-General Harrison declared, "It will now never be so... for an executive to ride ruthlessly over the people he is sent here to govern, without due regard for their sentiments and due consideration of their wishes". The Council held weekly meetings, and on other occasions at the pleasure of the Governor-General. It was composed of the Governor-General, department secretaries, the Speaker of the Lower House, and the Senate President. During Harrison's term, the executive and legislative branches of government worked harmoniously with each other.

Commonwealth Period until the Third Republic

The council was restored in 1938 during the Commonwealth of the Philippines under President Manuel L. Quezon.[4]

During World War II, it also performed administrative functions under the Japanese-sponsored government of President José P. Laurel.[5]

Shortly after the independence of the Philippines in 1946, President Manuel Roxas restored the original Council, and it became a feature of succeeding administrations during the Third Republic.[6] [7] [8]

In 1970, President Ferdinand Marcos abolished the Council of State and organized the Council of Leaders through Executive Order No. 222 with the following members: the Vice President, the Senate President, the House Speaker, the President of the Governors and City Mayors League of the Philippines, former Presidents of the Philippines, the Presidents of the political parties which had candidates on a nation-wide scale in the last elections, the Chairman of the Committees of both Houses of Congress whose functions are relevant to the subject matter to be discussed in the council, and members of the Cabinet the functions of whose departments are relevant to the subject matter to be discussed in the council.[9] After a year, this was amended by Executive Order 349, s. 1971, which expanded the membership to include the Senate President Pro Tempore, the Speaker Pro Tempore of the House of Representatives, the Majority Floor Leaders of both Houses of Congress, the Minority Floor Leaders of both Houses of Congress, the chairman and the ranking minority member of the Committee of both Houses of Congress whose functions are relevant to the subject matter to be discussed in the council and such other government officials as the President may designate.[10]

Fourth Republic

On February 22, 1986, Marcos revived the Council of State through Executive Order No. 1093 and, with the President as chairman, designated the following as members: the Vice-President as Vice Chairman, and the Chief Justice of the Supreme Court, the Prime Minister, the Deputy Prime Minister, the Minister of Finance, the Minister of Foreign Affairs, the Minister of National Defense, the Speaker, the Speaker Pro-Tempore, the Majority Floor Leader and Minority Floor Leader of the Batasang Pambansa, the former Presidents and Vice-Presidents of the Republic of the Philippines, and a representative from the dominant opposition party as nominated by that party.[11] However, the People Power Revolution removed him from power three days later.

Fifth Republic

The council was reorganized in 1987 composed of the following members: the President as chairman, the Vice President, the President of the Senate, the Speaker of the House of Representatives, the Executive Secretary, the Secretary of National Defense, the Chief of Staff of the Armed Forces of the Philippines, members of Congress, the Cabinet and the private sector who, in the opinion of the President, are knowledgeable about the issues and problems to be discussed by the council.[12] However, it lapsed into disuse without being formally abolished.

In 2003, President Gloria Macapagal Arroyo reconstituted the council through Executive Order No. 168. The membership of the council was expanded to include former Presidents, the Majority and Minority Floor Leaders of the Senate, the Majority and Minority Floor Leaders of the House of Representatives, the President of the League of Provinces, the President of the League of Cities, the President of the League of Municipalities. It also includes other members of the Cabinet, representatives from the private sector, and other persons that the president may appoint from time to time.[13]

The council was last convened on January 26, 2006, in an attempt of Arroyo to seek dialogue and cooperation with her political enemies following the Hello Garci scandal of 2005.[14] The meeting was not attended by members of the opposition and those who called for Arroyo's resignation such as former President Aquino, Senate President Franklin Drilon, Senate Minority Floor Leader Aquilino Pimentel Jr., and House Minority Floor Leader Francis Escudero.[15] [16] [17]

Composition

With Executive Order No. 168, s. 2003 as basis, the Council of State has the following members as of June 30, 2022:

ClassOfficeCurrent members
Ex officio:
Executive
PresidentBongbong Marcos
Vice PresidentSara Duterte-Carpio
Executive SecretaryLucas Bersamin
CabinetMembers of the Cabinet
Ex officio:
Senate
PresidentChiz Escudero
President pro temporeJinggoy Estrada
Majority Floor LeaderFrancis Tolentino
Minority Floor LeaderKoko Pimentel
Ex officio:
House of Representatives
Ferdinand Martin Romualdez
Deputy SpeakerList of Deputy Speakers
Majority Floor LeaderManuel Jose Dalipe
Minority Floor LeaderMarcelito Libanan
Ex officio:
League of
Local Government Units
President, League of ProvincesReynaldo Tamayo Jr.
President, League of CitiesMike Rama
President, League of MunicipalitiesJB Bernos
Former OfficeholdersPresidentJoseph Estrada
Gloria Macapagal Arroyo
Rodrigo Duterte

The Cabinet Secretariat shall serve as the Secretariat of the Council of State.

See also

Notes and References

  1. Book: Abinales, P. N. . State and Society in the Philippines . Amoroso . Donna J. . 2005 . 9780742510241 . April 13, 2013.
  2. Gripaldo . Rolando M. . 1991 . The Quezon-Osmeña Split of 1922 . Philippine Studies . 39 . 2 . 158–175 . 30 May 2021.
  3. Web site: The Philippine Commonwealth Era . April 13, 2013 . Philippine-history.org.
  4. Web site: Executive Order No. 144, s. 1938 - Creating a Council of State . 17 March 1938 . Official Gazette of the Republic of the Philippines . 30 May 2021 .
  5. Web site: Administrative Order No. 10, s. 1943 - Directing the Council of State to take charge of the Celebration of Rizal Day for the Year 1943 . 3 December 1943 . Presidential Museum and Library . 30 May 2021 .
  6. Web site: Executive Order No. 5, s. 1946 - Creating a Council of State . 12 July 1946 . Official Gazette of the Republic of the Philippines . 30 May 2021 .
  7. Web site: Administrative Order No. 100, s. 1949 - Appointing General Emilio Aguinaldo as Member of the Council of State . 2 September 1949 . The LawPhil Project . Arellano Law Foundation . 30 May 2021 .
  8. Web site: Executive Order No. 297, s. 1958 - Creating a Council of State . 14 May 1958 . Official Gazette of the Republic of the Philippines . 30 May 2021 .
  9. Web site: Executive Order No. 222, s. 1970 - Creating the Council of Leaders . 21 March 1970 . Official Gazette of the Republic of the Philippines . 30 May 2021 .
  10. Web site: Executive Order No. 349, s. 1971 - Creating the Council of Leaders . 16 November 1971 . Official Gazette of the Republic of the Philippines . 30 May 2021 .
  11. Web site: Executive Order No. 1093, s. 1986 - Creating the Council of State as the highest policy formulating and advisory body of the government . 22 February 1986 . Official Gazette of the Republic of the Philippines . 30 May 2021 .
  12. Web site: Executive Order No. 305, s. 1987 - Creating the Council of State . 9 September 1987 . Official Gazette of the Republic of the Philippines . 30 May 2021 .
  13. Web site: Executive Order No. 168, s. 2003 - Reconstituting and Revitalizing the Council of State . 16 January 2003 . Official Gazette of the Republic of the Philippines . 27 May 2021 .
  14. Web site: GMA to convene Council of State . Calica . Aurea . 28 December 2005 . The Philippine Star . Philstar . 30 May 2021.
  15. . 22 January 2006 . Palace laments decision of opposition members not to attend Council of State meet . . 2021-05-29.
  16. . 23 January 2006 . Pimentel explains decision not to attend Council of State Meeting . Senate of the Philippines. 2021-05-29.
  17. Web site: Council of State meeting iisnabin ng oposisyon . . 17 January 2006 . Philstar . The Philippine Star . Filipino . Opposition to snub Council of State meeting . 30 May 2021.