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EXECUTIVE POWER
roughly defined as the power to implement laws in one's given and defined jurisdiction and make sure that these laws are properly implemented throughout the country
THE PRESIDENT
chief executive officer– most powerful elected official in our country– despite the mechanism of checks and balances, they can influence other branches of the government– both the head of state and government
SECTION 1 OF THE 1987 CONSTITUTION
“executive power is vested in the President of the Philippines.”
HEAD OF STATE
recognized as the representative of the country in international functions and is afforded respect and recognition as a leader of the state
HEAD OF GOVERNMENT
the president takes on the main responsibilities of governance and has several functions, such as overseeing the local government units and acting as the Commander-in-Chief of the Armed Forces of the Philippines
LAW
sets of rules or pieces of legislation that are formulated by the government and are meant to be followed by the citizens of a state– also referred to as statutory law or legislation (made by a legislative body like congress or parliament)
LEGISLATION
act of making laws
RULE OF LAW
principle centered on the belief that a state should be governed by laws and not by the arbitrary decisions of leaders or government officials
CONGRESS
primarily responsible for the crafting of laws
CONSTITUTION
supreme law of the land and it is the basis and foundation of all laws in the country
INITIATIVE
allows citizens to directly propose laws and even amendments to the constitution
REFERENDUM
means by which the people are able to vote to either approve or reject a legislation
ORGANIC LAW
law that describes and organizes the government that will run the state– 1987 Constitution of the Fifth Philippine Republic
REPUBLIC LAWS
laws that create policies to carry out the principles stated in the constitution– are crafted, passed by Congress, and approved by the President
ADMINISTRATIVE LAW
legislation specifically concerned with the activities or actions of government agencies and departments
PROCLAMATIONS
issuances that primarily set dates of national or local interest, such as holidays and commemorations– cover declarations of states of emergency as well as martial law– all these executive pronouncements must be based on legislation and are subject to judicial review
CIVIL SERVICE LAW
pertains to public service, particularly the employment, selection, and promotion of public workers
CRIMINAL LAW
addresses crimes and outlines criminal behaviors and their appropriate sanctions
LABOR LAW
addresses the relationship between employers and workers and outlines their rights, responsibilities, and privileges
COMMERCIAL LAW
focuses on trade concerns, particularly the production, distribution, exchange, and pricing of goods and services
TAXATION LAW
identifies, determines, and regulates the type of taxes to be levied from a particular business transaction, trade, or activity
ORDINANCES
at the local level, the power of legislation is wielded by the barangay, city, municipal, and provincial councils– they create laws that are applicable within their respective jurisdictions
VALIDITY AND CONTINUITY
2 characteristics of the Philippine law
VALIDITY
legal soundness and enforceability of a law within a particular legal system– law is considered valid if it meets the established criteria and procedures set by the legal framework
CONTINUITY
once something legal is properly in place, it keeps going, even if circumstances change, and a law remains its continuity until it is either amended, repealed, or replaced by a new law
THE PHILIPPINE CONGRESS
legislative branch of the government that has the power to create laws– bicameral body composed of two houses: the Upper House (Senate) and the Lower House (House of Representatives)
JOINT RESOLUTIONS
require the approval of both chambers of Congress and the signature of the President and have the force and effect of a law if approved
CONCURRENT RESOLUTIONS
used for matters affecting the operations of both chambers of Congress– must be approved in the same form by both houses but are not transmitted to the President for his signature and therefore do not have the force or effect of a law
SIMPLE RESOLUTIONS
deal with matters entirely within the prerogative of one chamber of Congress, are not referred to the President for his signature, and therefore have no force and effect of a law
BILL
commonly known as a proposed law– can be proposed by citizens through their elected representatives of the senate
ELECTIONS
device for filing a governmental office through choices made by the electorate, a designated body of qualified people
SUFFRAGE
right to participate in an election and an important right of citizens– not only refers to the right to vote, but also the right to run for office
ELECTORAL SYSTEM
set of rules that governs the conduct of elections– variations of modalities by which votes are translated into seats in various government offices
PLURALITY SYSTEM, PROPORTIONAL SYSTEM, RUN-OFF SYSTEM, PRIMARY SYSTEM
types of electoral systems in the world
PLURALITY SYSTEM
an electoral system where the candidate who gets the greatest number of votes is elected into office
PROPORTIONAL SYSTEM
an electoral system where a candidate must gain a required number of votes (quota) in order to be elected to office– applied in the election of party list representatives in the Philippine congress
RUN-OFF SYSTEM
elections are held in stages to determine the eventual winners– some countries implement a two-round run-off elections, where a preliminary election is held where all candidates participate, and a second round of voting follows where only the top two candidates participate
PRIMARY SYSTEM
also conducts elections in stages– a preliminary election is conducted within political parties to determine their candidates who will run in the general election
THE OMNIBUS ELECTION CODE
batas pambansa bilang 881– electoral process is most extensively discussed in this code– contains all the rules governing the conduct of elections in the philippines, including the qualifications for aspiring candidates, and important dates to the election process
COMMISSION ON ELECTIONS (COMELEC)
premier guardian of the ballot– principal role is to enforce and administer all laws and regulations relative to the conduct of elections, plebiscites, initiatives, referenda and recalls– main government agency that oversees elections in the country and decides on all matters pertaining to the electoral process– goal is to ensure a free, fair, and honest election in the country
ELECTION WATCHDOGS
organizations that keep close watch on the entire election process and perform other election-related tasks
THE PHILIPPINE ELECTORAL PROCESS
elections are held both at the national and local levels– voters elect the President and Vice President, senators, district and party-list representatives, governors, and mayors, local council members, and barangay officials
SPECIAL AND SNAP ELECTIONS
in the event of widespread election-related violence, significant damage to election paraphernalia, or natural calamities, the COMELEC may postpone the elections in certain areas or declare a failure of elections– snap elections are held earlier than prescribed by law
ABSENTEE VOTING
those who are unable to vote in their respective localities on the day of election can apply– they vote one week earlier than the rest of the voting public– include people who need to perform vital tasks on election day, such as public officials and employees, military, police officers, and journalists and other media workers as well as ofws
PHILIPPINE POLITICAL PARTIES
a political party is a group of people organized to participate in elections and hold power in government, and its members advocate a specific set of policies, programs, and ideologies– political parties are oriented toward upholding the general welfare, as well as the interest of their supporters– in the Philippines, political parties mainly serve as mechanisms to help the candidates win the elections and primarily function as political machineries
ONE-PARTY SYSTEM, TWO-PARTY SYSTEM, DOMINANT PARTY SYSTEM, MULTIPARTY SYSTEM
types of political party system
ONE-PARTY SYSTEM
one party dominates and there is no political competition between parties– characterized by oppression of democratic freedom
TWO-PARTY SYSTEM
two parties primarily dominate, and smaller parties only play a subordinate role
DOMINANT PARTY SYSTEM
other parties are present but only one party dominates and enjoys prolonged periods in power
MULTIPARTY SYSTEM
more than two parties compete for power over time– reduces the chance of a one-party system and increases chances of coalition formation
CIVIL SOCIETY
united nations refers as the “third sector” of the society, along with the government and business– considered a social sphere independent from both the state and the market– comprises civil society organizations (CSO) and nongovernmental organizations (NGO)
FUNDAMENTAL CHARACTERISTICS OF SUCCESSFUL CIVIL SOCIETIES (GHAUS-PASHA, 2004)
separated from the state and the market– formed by people who have common needs, interests, and values– developed through a fundamentally endogenous and autonomous process that is not easily controlled from the outside
ROLES OF CIVIL SOCIETY IN GOOD GOVERNANCE
key agent in policy analysis and advocacy– regulates and monitors state performance and behavior of policy officials– builds social capital and enables citizens to identify and articulate their beliefs, values, and ideas– mobilizes particular constituencies, especially the marginalized sectors of the masses, to participate in public and political affairs– participates in development work to improve the well-being of its own and of other communities
CIVIL SOCIETY ORGANIZATIONS (CSO)
non-state, nonprofit, voluntary organizations in this social sphere– CSOs include a wide array of organizations, networks, associations, groups, and movements that often come together to push for the advancement of their common interest by means of collective action (WHO, 2015)
NONGOVERNMENTAL ORGANIZATIONS (NGO)
are nonprofit and voluntary citizens groups, which are organized on a local, national, or international level– they perform service and humanitarian roles, bring citizen concerns to governments, advocate and monitor policies, and encourage participation through information dissemination (NGO Global Network, 2016)
RELIGIOUS
linked to a religion, but not always about worship. They help with education, health, relief, and basic needs (e.g., Red Cross)
COMMUNITY-BASED
local groups focused on helping communities through housing, social services, legal aid, and culture (e.g., Grameen Bank)
PHILANTHROPIC
non-religious groups that support causes based on generosity and humanism– often funded by foundations (e.g., Gates Foundation)
EXPERT
Groups that use scientific knowledge or research in areas like environment or finance. They publish reports (e.g., Greenpeace)
TRADE UNIONS
Worker groups that protect labor rights and promote fair conditions– example: Trade Union Congress of the Philippines (TUCP)
BUSINESS
These are business and industry NGOs (BINGOs) that defend a firm’s or industry’s interests. Often linked with lobby groups to promote laws and programs favorable to corporations. Examples include groups in the sugar and tobacco industries
GOVERNMENT-ORIENTED
These are government-oriented NGOs (GONGOs) – they are civil organizations but are influenced or controlled by the government– common in industrialized Asian countries like China
PEOPLE’S ORGANIZATIONS, DEVELOPMENT NGOS, COOPERATIVES
important types of CSOs in the country
SOCIAL MOVEMENT
collective body that has a high level of commitment and political activism and is not necessarily based on formal organization– differs from civil society groups– attempts to change society through collective action– noninstitutionalized, (occur outside of governmental institutions)
SOCIAL MOVEMENT ORGANIZATION
formal/organized component of a broader social movement– social movements large-scale efforts (often loosely organized) by many individuals or informal groups who are pushing for social or political change– SMOs are the institutions within those movements that have structure, leadership, and more stable resources, often coordinate activities, mobilize people, lead campaigns, raise awareness, provide organizational backbone to otherwise more diffuse social energy
CABINET
crucial part of the executive branch, consisting of executive departments that address governance and national issues– appointed by the President, subject to Congress approval– vp may also head an executive department– provides counsel and coordinates with the President in implementing government projects and performing executive obligations– secretaries can issue directives to achieve their goals
INTERPRET AND APPLY LAWS
constitution defines judicial power as the power to
JUDICIAL BRANCH
supreme arbiter or judge and mediator of controversies and disputes on law and rights of citizens
ORIGINAL JURISDICTION
courts can hear a case for the first time– applicable to all courts
APPELLATE JURISDICTION
courts can review and evaluate the decisions made by the lower courts– applicable only to higher courts
THE SUPREME COURT
the judicial branch of the Philippine government is embodied by the highest court in the land, and it supervises all the other courts in the country– responsible for cases involving the constitutionality of laws, treaties, executive agreements, presidential decrees, proclamations, orders, and other executive pronouncements– appellate jurisdiction for taxation, criminal cases with a life imprisonment penalty, law-related questions, and cases where the lower court's jurisdiction is an issue
REAL AUDIENCIA DE MANILA
the predecessor of supreme court
CHIEF JUSTICE
presides over hearings, certifies decisions, and serves as chairman of the Judicial and Bar Council– if absent, the Senior Associate Justice acts– the Supreme Court can make decisions en banc, or as a whole with fifteen members hearing the case, or in divisions of three, five, or seven justices
COURT OF APPEALS
second-highest court in the country, primarily handles appellate cases from regional trial courts, administrative cases, and quasi-judicial government agencies
SHARIA
divine guidance system in Islam, derived primarily from the Qur’an (the holy book) and the Hadith (sayings and practices of the Prophet Muhammad) – muslims believe Sharia reflects God’s ideal moral and legal framework
DUE PROCESS
legal principle that the government must treat you fairly and follow established laws and rules when it tries to take away your life, liberty, or property– ensures that legal proceedings are fair, allowing individuals to have an opportunity to be heard and defend themselves
PRECEDENT
principle established by an original or previous legal case, defining subsequent rulings
JURISPRUDENCE
studies the nature of laws
DECENTRALIZATION
process that involves the transfer of planning, decision-making, or administrative authority from the central government to its field organizations, local government, or ngos– shifting control from a single central authority to various smaller units
DEMOCRATIZATION
process of making a system or institution more democratic– giving people greater participation, influence, and control– refers to how a country shifts from non-democratic rule (like authoritarian regimes) to democratic governance, where people have rights, free elections, and a say in decision-making
DECENTRALIZATION AND DEMOCRATIZATION
reinforces each other– decentralization enhances local participation and therefore strengthens democracy in general– decentralization can only take place within democratic processes, and it necessitates the local government systems to have good management and democratic accountability– under the 1987 Constitution, the structure and role of the Philippine government is guided by the principle of decentralization
DECONCENTRATION
redistribution of power within central government, shifting workload to field staff outside national capital
DELEGATION TO SEMI-AUTONOMOUS OR PARASTATAL ORGANIZATIONS
delegation of decision-making and management authority to bodies not under central government's direct control
DEVOLUTION
central government relinquishes certain functions to local government units, aiming to strengthen or create independent government levels
TRANSFER OF FUNCTIONS FROM GOVERNMENT TO NONGOVERNMENTAL INSTITUTIONS
transfer of planning and administrative powers to voluntary, private, or nongovernmental institutions
BARANGAY
basic unit of local government in the Philippines– where governance directly relates to the concerns of citizens and communities, and where the government programs and policies are applied and directly impact the lives of citizens
MUNICIPALITY/MUNICIPAL GOVERNMENT
form of local government composed of different barangays, and is tasked with managing the administration, services, and development of a specific territory, such as a city, town, or village– represents the level of governance closest to the people and plays a crucial role in delivering everyday public services and ensuring local well-being
CITY GOVERNMENT
similar to a municipality, as it is made up of a group of barangays– distinguished by a higher rate of economic growth and a larger population and territory
COMPONENT CITIES
part of a province and elect provincial officials. Examples include Legazpi City and Isabela City
INDEPENDENT COMPONENT CITIES
are highly developed and administratively independent from the province. Examples include Naga City and Ormoc City
HIGHLY URBANIZED CITIES
similar to an independent city but has a bigger population (at least 200,000) and income (P50,000,000 for a year)
PROVINCIAL GOVERNMENT
province, composed of cluster of municipalities, or municipalities and component cities, and as a political and corporate unit of government, serves as a dynamic mechanism for developmental processes and effective governance of local government units within its territorial jurisdiction
REGIONALIZATION
geographic areas are divided into smaller, distinct regions, often based on shared economic, cultural, or political characteristics– promotes growth and development by addressing regional concerns
REGIONAL DEVELOPMENT COUNCILS
oversee economic planning and program implementation, in coordination with local development councils and the National Economic Development Agency
JUS SANGUINIS
right of blood, parents
JUS SOLI
right of birth, place