Edited by Paul Cook, Colin Kirkpatrick, Martin Minogue and David Parker
Chapter 13: Regulatory governance in the Philippines: a profile
Ledivina V. Cariño1 INTRODUCTION This chapter maps out the terrain of regulatory governance in the Philippines. The first section introduces the country. The second describes the constitutional and legal framework of regulation. The third discusses the institutions involved in regulatory governance, and the fourth presents lessons learned and remaining challenges. THE PHILIPPINES The Philippines, the world’s second largest archipelago, is located in Southeast Asia. The total population as of 2000 was about 76.5 million growing yearly at 2.36 per cent. The country’s experience as a colony, first under Spanish and much later American occupation, has left distinctive marks in its economy. On the eve of Philippine independence in 1946 and practically as a condition for it, the United States offered to help rehabilitate the country in exchange for the grant of parity rights to Americans. Parity rights meant that rights that the 1935 Constitution reserved for Filipino citizens – to exploit and develop natural resources, and to operate public utilities – were given also to Americans. The parity clause caused the amendment of the 1935 Constitution and remained in effect until 4 July 1974. President Carlos P. Garcia in 1958 enunciated the ‘Filipino First Policy’ geared toward achieving national economic independence. Basically, he opposed the economy’s return to free enterprise as he believed this would only facilitate the continued domination of foreigners. The economy then was controlled by American Chinese, and to a certain extent, Spanish, more than by Filipino interests. Later, multinational corporations would enlarge their share but Filipinos would...
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