CHAPTER X

THE GOVERNOR-GENERAL

88. Constitution and Government. A constitution, as we have learned, is the supreme law of the land which, among other things, outlines the framework of government. Our nearest approach to a Philippine Constitution is the Jones Law, or Philippine Autonomy Act. The organization of our central government is naturally based on this law. Yet it is misleading to rely merely on the letter of this law for a clear comprehension of the present government of the Philippine Islands.

It is difficult to provide in a law the exact framework of a government. The spirit and purpose of the law, which may not be found in its body, as well as the existing institutions and national characteristics, are all factors in the actual system of government which may be established. As an English writer has very well phrased it, constitutions are simply adjectives of which the national character is the substantive. This phenomenon has happened in the establishment of all governments. It has happened in the present government established under the Jones Law. Our present government derives its legal sanction from the body of the law, but it has also been very largely influenced by the spirit and purpose of the Jones Law, as manifested in its preamble and by its authors.

89. The Governor-General's Peculiar Position. - The learned English scholar, Mr. Bagehot, in speaking of the

Governor-General of the Philippine Islands, 1909-1913

English Government, said that there are two parts in that government: one is the ornamental and ceremonial part, in whose name the government is carried on the King

of England, theoretically an absolute ruler; and the other is the active part, the one which really rules, which advises the ceremonial part in practically all the governmental work that it does the House of Commons, directly or through the cabinet. The Philippine Government, in a small way, is approaching a similar arrangement.

The Governor-General is vested by law with the executive power, but rarely acts on matters of domestic concern, except with the advice of the Cabinet or Council of State. The guide for this exercise of governmental power is the spirit and purpose of the Jones Law, which is to grant the Filipinos the largest amount of autonomy compatible with the exercise of American sovereignty. In the language of the then Secretary of War Baker, "The functions of government have been taken over by the people of the Islands themselves, leaving only the tenuous connection of the Governor-General."

The Governor-General is appointed by the President of the United States with the consent of the American Senate. He holds his office at the pleasure of the President. His position is considered a political one from the standpoint of American politics; that is, upon a change of party in the United States, a new Governor-General is usually appointed. His salary is fixed by the Jones Law at P36,000 ($18,000), and he lives in the historic Malacañang Palace.

90. The Veto Power. The Jones Law confers the veto power on the Governor-General.

Upon the passage of a bill or joint resolution it is sent to the Governor-General for signature. If he does not sign it or express his disapproval of it within twenty days (Sundays excepted) after it is presented to him, then it will automatically become a law. If by reason of the adjournment of the Legislature the Governor-General is unable to return it with

his disapproval to the Legislature, then it becomes a law unless vetoed by him within thirty days after adjournment. A vetoed bill after its return to the Legislature may be re

considered by the Legislature, and upon a two-thirds vote of the members elected to each House it can be again sent to the Governor-General. In case the Governor-General

still refuses to approve it, he will transmit it to the President of the United States, who will have the final say on the matter.

As a matter of policy there are several practical limitations on the exercise of the veto power. The creation of an entirely Filipinized Legislature under the Jones Law undoubtedly intended to place in the hands of the Filipinos ample legislative powers. The veto power cannot, therefore, be freely exercised lest the legislative autonomy thus granted be materially curtailed in practice. In the use of the veto, the Governor-General has really two capacities. When he vetoes a bill which he believes is impairing the exercise of the rights of American sovereignty, he is exercising that power in obedience to the spirit of the Jones Law, as the representative of the American Government in the Islands; but when he vetoes a bill of purely domestic concern, he is considering himself a part of the legislative machinery, and unless his action is supported by an overwhelming public opinion, it will mean a material loss of the legislative powers granted to the people.

These considerations undoubtedly are the reason why the Governor-General has so seldom exercised his veto power. 91. Commander-in-Chief of the Militia and the Constabulary. The Governor-General is the commander-in-chief of all locally created armed forces and militia. Although the Constabulary is under the Department of the Interior, yet by virtue of this provision the Governor-General actually exercises more control over it.

This is only natural. The Governor-General is the representative of American sovereignty in the Philippines, and sovereignty implies force; hence, he must have under his control and direction the agents of force. In times of grave disorder, when the sovereignty of the United States must