POLI111 MIDTERM
The Politics of the Philippines is within an organized framework of a presidential, republican, and democratic government.
The president is both the head of state and the head of government, elected directly by the people under an open and multi-party system.
The government operates under the provisions of the 1987 Philippine Constitution.
The political system revolves around three separate but interdependent branches: the legislative, the executive, and the judicial.
Executive power is exercised by the government under the president, who is referred to as the chief executive.
Legislative power is vested in a bicameral congress, consisting of the Senate and the House of Representatives.
The Senate is composed of 24 senators elected-at-large, limited to a term of 6 years with a maximum of 2 consecutive terms.
The House of Representatives is currently composed of 292 representatives, with no more than 20% elected via the party-list system.
The members of the House of Representatives are limited to a term of 3 years with a maximum of 3 consecutive terms.
Judicial power is vested in the Supreme Court of the Philippines, which is the highest judicial body, including all other lower courts.
Elections in the Philippines are administered by an independent Commission on Elections every three years.
National and local elections (except for the barangay) are held every second Monday of May.
The winners in the elections take office on June 30 and serve until the expiration of their term.
Local government in the Philippines is composed of local government units from the provinces, cities, municipalities, and barangays.
Autonomous regions have expanded powers beyond other local government units.
Local government units enjoy autonomy through decentralization and are responsible for creating their own economy and sources of budget.
Legislative power refers to the authority under the constitution to make laws and to alter or repeal them.
Bills in legislation are proposed laws presented by members or committees to the legislative body for approval and enactment.
Each bill requires the consent of both houses of Congress and the constitutional sanction of the president to become a law.
Congress makes decisions through majority votes, except for voting on constitutional amendments and other matters.
The Senate has the power to vote on treaties, while the House of Representatives legislates money bills like appropriations and revenues.
Congress has impeachment powers, with the House of Representatives creating and approving the Articles of Impeachment, and the Senate conducting the trial for impeachment.
Executive power is vested in the President of the Philippines.
The president appoints and delegates power to a cabinet.
The president is directly elected to a non-renewable six-year term.
In case of death, permanent disability, resignation, or removal from office, the Vice President becomes president until the expiration of the term.
The Vice President is elected separately from the president and may come from a different political party.
The Vice President has no constitutional powers aside from acting as president when the latter is temporarily incapacitated.
The President may give the Vice President a cabinet office.
The cabinet is mostly composed of the heads of the executive departments and other cabinet-level officials.
The President appoints and the Commission on Appointments confirms the cabinet members, except for the Vice President.
The President is the commander in chief of the Armed Forces of the Philippines, ensuring civilian supremacy over the military.
The President has military powers, including the suspension of the privilege of the writ of habeas corpus or the proclamation of martial law.
Congress can prolong or end the suspension of the privilege of the writ of habeas corpus or martial law.
The President proposes a national budget, which Congress may adopt, amend, or revise.
With the prior concurrence of the Monetary Board, the President may contract or guarantee foreign loans.
The President has the power to pardon, but amnesty requires the majority concurrence of Congress.
The President delivers the State of the Nation Address annually on the 4th Monday of July when Congress convenes.
The Judiciary is the branch of government that interprets and applies the law, adjudicates legal disputes, and administers justice.
The Judiciary is composed of the Supreme Court and other lower courts.
The Supreme Court is the court of last resort and decides on the constitutionality of laws and state matters through review.
The President selects justices and judges from nominees given by the Judicial and Bar Council.
The Court of Appeals is the second highest appellate court.
The Court of Tax Appeals rules on tax matters.
The Sandiganbayan is a special court for graft cases of government officials and employees.
The Regional Trial Courts (RTC) are the main trial courts.
RTCs are based on judicial regions, which almost correspond to the administrative regions.
Each RTC has at least one branch in each province and handles most criminal and civil cases.
Some branches of an RTC may be designated as family courts and environmental courts.
Metropolitan Trial Courts try lesser offenses.
The Ombudsman investigates and prosecutes government officials on crimes.
The Office of the Solicitor General represents the government in legal cases.
Elections in the Philippines are administered by the Commission on Elections (COMELEC).
Elected officials include the president, vice president, members of Congress, regional governors and assemblymen, provincial governors, vice governors and board members, city and municipal mayors, vice mayors and councilors, and barangay chairmen and councilors.
All elected officials have fixed terms, with three-year terms for most officials and six-year terms for the president, vice president, and senators.
Terms begin and end on June 30 of the election year.
The Philippines is divided into provinces, which are grouped into several regions.
Local governments must have local autonomy.
The smallest local government unit is the barangay or village, descended from the balangay of the Maragtas legend.
Barangays are grouped into municipalities or cities, which may be further grouped into provinces.
Each barangay, municipality or city, and province is headed by a barangay chairman, mayor, or governor, respectively.
The legislatures for these units are the Sangguniang Barangay, Sangguniang Bayan, Sangguniang Panlungsod, and Sangguniang Panlalawigan.
Regions are the highest administrative divisions but do not have powers possessed under them.
Autonomous regions have wider powers than other local government units.
The Autonomous Region in Muslim Mindanao (ARMM) exists, while the proposed autonomous region in Cordillera was defeated after two plebiscites.
The ARMM has a regional governor and a regional assembly.
Local government units derive most of their budget from the Internal Revenue Allotment, which is a disbursement from the national government derived from taxes.
This makes most local government units dependent on the national government, unless they have other sources of income such as property taxes.
The President of the Philippines holds executive power, as stated in Article VII, Section 1 of the 1987 Constitution.
The President is the Head of State and Head of Government, and also serves as the commander-in-chief of the Armed Forces of the Philippines.
The President exercises control over all executive departments, bureaus, and offices.
The President is elected by direct vote for a term of six years.
The President can only serve for one term and is ineligible for re-election.
The term of the President starts at noon on the 30th day of June after the election.
According to Article VII, Section 2 of the 1987 Constitution, the qualifications for an aspiring President are:
Being a natural-born Filipino
Being a registered voter
Being able to read and write
Being 40 years of age at the day of the election
Having resided in the Philippines for ten years before the election is held.
The office of the President of the Philippines was established on March 22, 1897, during the Tejeros Convention when the Revolutionary Government was established.
There have been 16 Presidents of the Philippines since then.
The first President was Emilio Aguinaldo, who held the position from 1899 to 1901.
Aguinaldo was captured by the Americans during the Philippine-American War, leading to the abolition of the Office of the President until the inauguration of the Philippine Commonwealth in 1935.
Manuel L. Quezon served as the second President from 1935 to 1943.
Quezon's term was extended due to the outbreak of World War II, and he had to take an emergency oath of office while in the US.
Jose P. Laurel became the third President from 1943 to 1944, leading the Second Republic.
Sergio Osmeña served as the second President of the Commonwealth and the fourth President of the Philippines from 1943 to 1945.
Manuel Roxas became the third President of the Commonwealth, the first President of the independent Republic of the Philippines, and the fifth President of the Philippines from 1946 to 1948.
Elpidio Quirino succeeded Roxas and served as President from 1948 to 1953.
Ramon Magsaysay, known as the "Man of the Masses," was the third President of the Third Republic from 1953 to 1957.
Carlos P. Garcia became President after the plane crash that killed Magsaysay and served from 1957 to 1961.
Diosdado Macapagal, known for pushing the Philippines' claim to Sabah and transferring Independence Day to June 12, served as President from 1961 to 1965.
Ferdinand E. Marcos (1965-1986)
Marcos declared martial law in 1972 and proclaimed the "New Republic" in 1981.
He served as the first President of the Fourth Republic and the longest-serving President of the Philippines.
Corazon C. Aquino (1986-1992)
Aquino became the first President of the Fifth Republic after the EDSA Revolution in 1986.
Ramos, Estrada, Arroyo, and Pnoy
Aquino was followed by Presidents Fidel V. Ramos, Joseph Ejercito Estrada, Gloria Macapagal-Arroyo, and Benigno S. Aquino III.
Rodrigo R. Duterte (2016- )
Duterte is the current President, serving as the sixth President of the Fifth Republic.
Power of control over the executive branch
The President has control over all executive departments, bureaus, and offices.
This includes restructuring, reconfiguring, and appointments of officials.
Power to issue executive orders, decrees, proclamations, or letters of instructions
The President can issue executive orders, administrative orders, proclamations, memorandum orders, memorandum circulars, and general or special orders.
Power over aliens
The President has the power to deport aliens, change their status, and overrule the Board of Commissioners of the Bureau of Immigration.
Powers of eminent domain, escheat, land reservation, and recovery of ill-gotten wealth
The President has the authority to exercise the power of eminent domain.
Private property can only be taken for public use with just compensation.
Source: Transcript
Power of eminent domain
President determines when to exercise the power of eminent domain
President directs the solicitor general to institute expropriation proceedings
Power to direct escheat or reversion proceedings
President directs the solicitor general to institute escheat or reversion proceedings over lands transferred to disqualified persons
Power to reserve lands of the public and private domain of the government
President has the power to reserve lands for settlement or public use
Reserved land remains subject to the specific public purpose indicated until otherwise provided by law or proclamation
Power over ill-gotten wealth
President directs the solicitor general to institute proceedings to recover unlawfully acquired properties
President has the authority to recover ill-gotten properties amassed by previous regime leaders and supporters
President may appoint officials of the Philippine government
Some appointments require approval from the Committee on Appointments
President has the mandate to supervise local governments in the Philippines
This is traditionally done by the Department of the Interior and Local Government
President can exercise powers enumerated in the constitution and given by law
Vice President is first in line of succession in cases of death, disability, or resignation of the President
Senate President is second in line of succession
Speaker of the House of Representatives is third in line of succession
Vice President is elected by direct vote for a term of six years
Vice President's term starts on the 30th day of June after a regular election is held
Qualifications for the Vice President are the same as those for the President
Vice President is elected via direct vote since the establishment of the Commonwealth government in 1935
The first constitution, the Malolos Constitution, did not provide for a Vice President
The office of the Vice President was officially established in 1935
Sergio Osmeña was the inaugural holder of the position, serving until 1944
Elpidio Quirino, Fernando Lopez, Carlos P. Garcia, and Emmanuel Pelaez also held the position
The office was abolished in 1972 and reinstated in 1986
Arturo Tolentino filled the position in 1986
Arturo Tolentino was the running mate of President Ferdinand Marcos during the 1986 Snap Elections
Marcos-Tolentino ticket was proclaimed as winners of the election
Tolentino took oath as Vice President on February 16, 1986, but his term lasted only a few days before the EDSA Revolution
Salvador Laurel Jr. became the inaugural holder of the Vice President position under the 1987 Constitution
Since then, the Fifth Republic has had six vice presidents, five elected and one appointed by Congress
The vice president can concurrently assume a cabinet position if offered by the President
The vice president is mandated to assume the presidency in case of the death, disability, or resignation of the incumbent President
If there is a vacancy in the Office of the Vice President, the President must nominate a replacement with the concurrence of the Committee on Appointments
Cabinet secretaries act as the alter ego of the President, executing the power of the Office of the President in their respective departments
The number of cabinet secretaries can vary depending on the administration's needs
The President can create or dissolve departments as deemed necessary
The President appoints cabinet secretaries with the consent of the Commission on Appointments
Nominated individuals for cabinet posts are submitted to the Commission on Appointments for consideration
Confirmation by the Commission on Appointments is required before assuming the post, but individuals can serve in an acting capacity before confirmation
Some cabinet members are not subject to confirmation, while others require confirmation by the Commission on Appointments
Cabinet secretaries have the power to issue directives, such as department orders, within their departments
They act as advisors to the President in their respective areas
Legislative power is vested in the Congress of the Philippines, which consists of a Senate and a House of Representatives.
The national legislature of the Philippines.
It is a bicameral body consisting of the Senate (upper chamber) and the House of Representatives (lower chamber).
Composed of 24 senators, half of which are elected every three years.
Senators serve a total of six years.
Senators are elected by the whole electorate and do not represent any geographical district.
Currently composed of 297 congressmen.
The Constitution states that the House "shall be composed of not more than 250 members, unless otherwise fixed by law."
Represent a particular geographical district of the country.
All provinces in the country have at least one congressional district.
Some cities have their own congressional districts, with some composed of two or more representatives.
Represent minority sectors of the population.
Enable minority groups to be represented in Congress.
Also known as party-list representatives, they represent labor unions, rights groups, and other organizations.
Section 1: The legislative power shall be vested in the Congress of the Philippines, which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum.
The authority under the constitution to make laws and to alter or repeal them.
The Senate is composed of 24 Senators who are elected at large by the qualified voters of the Philippines.
No person can be a Senator unless they are a natural-born citizen of the Philippines, at least 35 years old, able to read and write, a registered voter, and a resident of the Philippines for at least 2 years preceding the election.
The term of office of Senators is six years, starting on the 30th day of June following their election.
Senators cannot serve for more than two consecutive terms.
The House of Representatives shall be composed of not more than 250 members, unless otherwise fixed by law.
Members are elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area based on the number of inhabitants.
There are also members elected through a party-list system of registered national, regional, and sectoral parties or organizations.
No person can be a member of the House of Representatives unless they are a natural-born citizen of the Philippines, at least 25 years old, able to read and write, and a registered voter in the district they are elected from.
They must also be a resident of the district for at least 1 year preceding the election.
Members of the House of Representatives are elected for a term of 3 years, starting on the 30th day of June following their election.
Members cannot serve for more than 3 consecutive terms.
General Legislative Powers
Enactment of laws to govern relations between individuals or between individuals and the state
Implied Powers
Essential for the effective exercise of other granted powers
Inherent Powers
Necessary for the existence of Congress
Examples: determining rules of proceedings, compelling attendance of absent members, keeping journal of proceedings
Specific Legislative Powers
Powers expressly directed by the Constitution
Examples: power to appropriate, power to impeach, power to confirm treaties, power to declare war, power to concur amnesty, power to act as board of canvassers for presidential/vice-presidential votes
Powers of Congress that are executive in nature
Examples: appointment of its officers, affirming treaties, confirming presidential appointees, removal power
Congress exercises control and supervision over the administrative branch
Examples: deciding the creation of departments/agencies/offices, defining powers and duties of officers, appropriating funds, prescribing rules and procedures
Congress has the power to elect its presiding officers and other officers of the House
Acts as the board of canvassers for presidential/vice-presidential votes
Can elect the President in case of an electoral tie
Each house of Congress has judicial powers
Examples: punishing members for disorderly behavior, concurring and approving amnesty, initiating and deciding cases of impeachment, deciding electoral protests
Other powers mandated by the Constitution
Examples: authorizing the Commission on Audit to audit funds and property, authorizing the President to fix tariff rates, authorizing the President to formulate rules and regulations in emergencies, reapportioning legislative districts, implementing laws on autonomy, establishing a national language commission, implementing free public secondary education, allowing small-scale utilization of natural resources, specifying limits of forest lands and national parks, determining ownership and extent of ancestral domain, establishing independent economic and planning agency
Preparation of the Bill
Member or Bill Drafting Division prepares and drafts the bill
First Reading
Bill is filed, numbered, and reproduced
Included in the Order of Business for First Reading
Committee Consideration/Action
Committee evaluates the bill and determines the need for public hearings
If public hearings are needed, they are scheduled and resource persons are invited
Committee may introduce amendments or consolidate bills based on hearings/discussions
Committee approves the Committee Report and transmits it to the Plenary Affairs Bureau
Second Reading
Committee Report is registered and numbered
Scheduled for consideration on Second Reading
Secretary General reads the number, title, and text of the bill
Period of Sponsorship and Debate, Period of Amendments, Voting
Third Reading
Amendments are engrossed and printed
Engrossed bill is included in the Calendar of Bills for Third Reading
Secretary General reads the number and title of the bill
Roll call or nominal voting is called, Members explain their vote
Bill is approved by a majority vote
Transmittal of the Approved Bill to the Senate
Senate Action on Approved Bill of the House
Conference Committee
Transmittal of the Bill to the President
Presidential Action on the Bill
Action on Approved Bill
Action on Vetoed Bill
The Congress can override a veto by a two-thirds vote of both the House and the Senate.
The Rules of Court and the rules and regulations issued by the Supreme Court define the rules and procedures of the judiciary.
Appointments to the judiciary are made by the President of the Philippines based on a list submitted by the Judicial and Bar Council.
The Philippine Judicial Academy (PHILJA) is the training school for justices, judges, court personnel, lawyers, and aspirants to judicial posts.
The Katarungang Pambarangay Law establishes a system of amicably settling disputes at the barangay level.
Republic Act No. 9285 institutionalized the use of an alternative dispute resolution system.
The Supreme Court was established with the abolition of the audencia by Act No. 136 of the Philippine Commission.
The royal audencia was established in 1583 and exercised both administrative and judicial functions.
In 1861, it was converted to a purely judicial body with its decisions appealable to the Court of Spain in Madrid.
During the Philippine Revolution and First Republic, the administration of justice was organized ad hoc.
The Malolos Constitution provided for a Supreme Court of Justice, but it never materialized due to the Philippine-American War.
The audencia was suspended during the Philippine-American War and re-established with Filipino members.
The present Supreme Court was established with the abolition of the audencia by Act No. 136 of the Philippine Commission.
The Supreme Court was established on June 11, 1901, with Cayetano Arellano as the first chief justice and majority of the associate justices being Americans.
The Supreme Court was Filipinized in 1935 with the ratification of the 1935 Constitution, increasing the membership to 11 with two divisions of five members each.
The composition of the court was reduced by Commonwealth Act No. 3, providing for a Supreme Court headed by a chief justice and six associate justices.
During World War II, emergency powers were granted to President Manuel L. Quezon, and Chief Justice Jose Abad Santos became the acting President in unoccupied areas.
After Abad Santos was captured and executed by the Japanese, the Commonwealth government-in-exile had no system of courts.
The Japanese organized the Philippine Executive Commission in occupied areas, which led to the establishment of the Second Republic.
The regular function of the courts was restored after World War II, with the appointment of a new Supreme Court on June 6, 1945.
The laws of the Second Republic were declared null and void by a Supreme Court decision on Co Kim Cham v. Eusebio Valdez Tan Keh and Arsenio P. Dizon.
The Supreme Court was retained during the martial law years under rules similar to the 1935 Constitution, with a few key changes.
The 1973 Constitution increased the membership of the Supreme Court to 15 with two divisions.
The process of appointing the chief justice and associate justices was changed to grant the president (Ferdinand Marcos) the sole authority to appoint members of the Supreme Court.
The Supreme Court is composed of a chief justice and 14 associate justices who serve until the age of 70.
The chief justice and associate justices are appointed by the President of the Philippines from a shortlist submitted by the Judicial and Bar Council.
The Supreme Court has the power to exercise jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.
The Supreme Court can review, revise, reverse, modify, or affirm final judgments and orders of lower courts in various types of cases.
The Supreme Court can assign judges of lower courts to other stations temporarily and order a change of venue or place of trial to avoid a miscarriage of justice.
The Supreme Court can promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts.
The Chief Justice is appointed by the President of the Philippines with the concurrence of the National Assembly or the president's cabinet, depending on the constitution in effect at the time.
There have been six Chief Justices appointed under the 1935 Constitution, with Chief Justice Jose Yulo being the only one not appointed by a president during the Japanese occupation.
The 1943 Constitution provided for the appointment of Supreme Court members and the chief justice by the president with the concurrence of his cabinet.
The power of Congress to veto an appointment by the president was removed.
The 1973 Constitution stated that the President would appoint the Members of the Supreme Court and judges of inferior courts.
The Judicial and Bar Council was introduced to de-politicize the judiciary.
Manuel L. Quezon appointed Jose Abad Santos
Sergio Osmeña appointed Manuel V. Moran
Elpidio Quirino appointed Ricardo M. Paras
Carlos P. Garcia appointed Cesar Bengzon
Ferdinand E. Marcos appointed Roberto V. Concepcion, Querube Makalintal, Fred Ruiz Castro, Enrique M. Fernando, Felix V. Makasiar, and Ramon C. Aquino
Corazon C. Aquino appointed Claudio Teehankee, Pedro L. Yap, Marcelo B. Fernan, and Andres R. Narvasa
Joseph Ejercito Estrada appointed Hilario G. Davide
Gloria Macapagal Arroyo appointed Artemio Panganiban, Reynato Puno, and Renato C. Corona
Benigno S. Aquino III appointed Ma.Lourdes P.A. Sereno
Cayetano Arellano: First Chief Justice of the Supreme Court
Ramon Avanceña: Known for ushering in an all-Filipino Supreme Court
Jose Abad Santos: Served as both Chief Justice and Secretary of Justice during wartime
Claudio Teehankee: Known for his anti-martial law stance
Hilario G. Davide: Presiding judge of the first impeachment proceedings in Asia
Maria Lourdes P.A. Sereno: First woman appointed as Chief Justice
Established on February 1, 1936, through Commonwealth Act No. 3.
Current form constituted through Batas Pambansa Blg. 129, as amended by Executive Order No. 33, s. 1986, Republic Act No. 7902, and Republic Act No. 8246.
Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo warranto.
Exclusive original jurisdiction over actions for annulment of judgments of Regional Trial Courts.
Exclusive appellate jurisdiction over all final judgments, resolutions, orders, or awards of Regional Trial Courts and quasi-judicial agencies.
Composed of one presiding justice and 68 associate justices.
Justices appointed by the President from a shortlist submitted by the Judicial and Bar Council.
Precedence based on the dates of their respective appointments.
Special graft court established to promote high standards of conduct among government officials and employees.
Established through Presidential Decree No. 1606 in 1978.
Current form constituted through PD 1606, as amended by Republic Act No. 7975 and Republic Act No. 8245.
Jurisdiction over violations of the Anti-Graft and Corrupt Practices Act and certain sections of the Revised Penal Code.
Cases involving officials occupying positions in the government at the time of the offense.
Comprises of one presiding justice and 14 associate justices.
Justices appointed by the President from a shortlist submitted by the Judicial and Bar Council.
Precedence based on the dates of their respective appointments.
Qualifications include being a natural-born citizen, at least 40 years
The Politics of the Philippines is within an organized framework of a presidential, republican, and democratic government.
The president is both the head of state and the head of government, elected directly by the people under an open and multi-party system.
The government operates under the provisions of the 1987 Philippine Constitution.
The political system revolves around three separate but interdependent branches: the legislative, the executive, and the judicial.
Executive power is exercised by the government under the president, who is referred to as the chief executive.
Legislative power is vested in a bicameral congress, consisting of the Senate and the House of Representatives.
The Senate is composed of 24 senators elected-at-large, limited to a term of 6 years with a maximum of 2 consecutive terms.
The House of Representatives is currently composed of 292 representatives, with no more than 20% elected via the party-list system.
The members of the House of Representatives are limited to a term of 3 years with a maximum of 3 consecutive terms.
Judicial power is vested in the Supreme Court of the Philippines, which is the highest judicial body, including all other lower courts.
Elections in the Philippines are administered by an independent Commission on Elections every three years.
National and local elections (except for the barangay) are held every second Monday of May.
The winners in the elections take office on June 30 and serve until the expiration of their term.
Local government in the Philippines is composed of local government units from the provinces, cities, municipalities, and barangays.
Autonomous regions have expanded powers beyond other local government units.
Local government units enjoy autonomy through decentralization and are responsible for creating their own economy and sources of budget.
Legislative power refers to the authority under the constitution to make laws and to alter or repeal them.
Bills in legislation are proposed laws presented by members or committees to the legislative body for approval and enactment.
Each bill requires the consent of both houses of Congress and the constitutional sanction of the president to become a law.
Congress makes decisions through majority votes, except for voting on constitutional amendments and other matters.
The Senate has the power to vote on treaties, while the House of Representatives legislates money bills like appropriations and revenues.
Congress has impeachment powers, with the House of Representatives creating and approving the Articles of Impeachment, and the Senate conducting the trial for impeachment.
Executive power is vested in the President of the Philippines.
The president appoints and delegates power to a cabinet.
The president is directly elected to a non-renewable six-year term.
In case of death, permanent disability, resignation, or removal from office, the Vice President becomes president until the expiration of the term.
The Vice President is elected separately from the president and may come from a different political party.
The Vice President has no constitutional powers aside from acting as president when the latter is temporarily incapacitated.
The President may give the Vice President a cabinet office.
The cabinet is mostly composed of the heads of the executive departments and other cabinet-level officials.
The President appoints and the Commission on Appointments confirms the cabinet members, except for the Vice President.
The President is the commander in chief of the Armed Forces of the Philippines, ensuring civilian supremacy over the military.
The President has military powers, including the suspension of the privilege of the writ of habeas corpus or the proclamation of martial law.
Congress can prolong or end the suspension of the privilege of the writ of habeas corpus or martial law.
The President proposes a national budget, which Congress may adopt, amend, or revise.
With the prior concurrence of the Monetary Board, the President may contract or guarantee foreign loans.
The President has the power to pardon, but amnesty requires the majority concurrence of Congress.
The President delivers the State of the Nation Address annually on the 4th Monday of July when Congress convenes.
The Judiciary is the branch of government that interprets and applies the law, adjudicates legal disputes, and administers justice.
The Judiciary is composed of the Supreme Court and other lower courts.
The Supreme Court is the court of last resort and decides on the constitutionality of laws and state matters through review.
The President selects justices and judges from nominees given by the Judicial and Bar Council.
The Court of Appeals is the second highest appellate court.
The Court of Tax Appeals rules on tax matters.
The Sandiganbayan is a special court for graft cases of government officials and employees.
The Regional Trial Courts (RTC) are the main trial courts.
RTCs are based on judicial regions, which almost correspond to the administrative regions.
Each RTC has at least one branch in each province and handles most criminal and civil cases.
Some branches of an RTC may be designated as family courts and environmental courts.
Metropolitan Trial Courts try lesser offenses.
The Ombudsman investigates and prosecutes government officials on crimes.
The Office of the Solicitor General represents the government in legal cases.
Elections in the Philippines are administered by the Commission on Elections (COMELEC).
Elected officials include the president, vice president, members of Congress, regional governors and assemblymen, provincial governors, vice governors and board members, city and municipal mayors, vice mayors and councilors, and barangay chairmen and councilors.
All elected officials have fixed terms, with three-year terms for most officials and six-year terms for the president, vice president, and senators.
Terms begin and end on June 30 of the election year.
The Philippines is divided into provinces, which are grouped into several regions.
Local governments must have local autonomy.
The smallest local government unit is the barangay or village, descended from the balangay of the Maragtas legend.
Barangays are grouped into municipalities or cities, which may be further grouped into provinces.
Each barangay, municipality or city, and province is headed by a barangay chairman, mayor, or governor, respectively.
The legislatures for these units are the Sangguniang Barangay, Sangguniang Bayan, Sangguniang Panlungsod, and Sangguniang Panlalawigan.
Regions are the highest administrative divisions but do not have powers possessed under them.
Autonomous regions have wider powers than other local government units.
The Autonomous Region in Muslim Mindanao (ARMM) exists, while the proposed autonomous region in Cordillera was defeated after two plebiscites.
The ARMM has a regional governor and a regional assembly.
Local government units derive most of their budget from the Internal Revenue Allotment, which is a disbursement from the national government derived from taxes.
This makes most local government units dependent on the national government, unless they have other sources of income such as property taxes.
The President of the Philippines holds executive power, as stated in Article VII, Section 1 of the 1987 Constitution.
The President is the Head of State and Head of Government, and also serves as the commander-in-chief of the Armed Forces of the Philippines.
The President exercises control over all executive departments, bureaus, and offices.
The President is elected by direct vote for a term of six years.
The President can only serve for one term and is ineligible for re-election.
The term of the President starts at noon on the 30th day of June after the election.
According to Article VII, Section 2 of the 1987 Constitution, the qualifications for an aspiring President are:
Being a natural-born Filipino
Being a registered voter
Being able to read and write
Being 40 years of age at the day of the election
Having resided in the Philippines for ten years before the election is held.
The office of the President of the Philippines was established on March 22, 1897, during the Tejeros Convention when the Revolutionary Government was established.
There have been 16 Presidents of the Philippines since then.
The first President was Emilio Aguinaldo, who held the position from 1899 to 1901.
Aguinaldo was captured by the Americans during the Philippine-American War, leading to the abolition of the Office of the President until the inauguration of the Philippine Commonwealth in 1935.
Manuel L. Quezon served as the second President from 1935 to 1943.
Quezon's term was extended due to the outbreak of World War II, and he had to take an emergency oath of office while in the US.
Jose P. Laurel became the third President from 1943 to 1944, leading the Second Republic.
Sergio Osmeña served as the second President of the Commonwealth and the fourth President of the Philippines from 1943 to 1945.
Manuel Roxas became the third President of the Commonwealth, the first President of the independent Republic of the Philippines, and the fifth President of the Philippines from 1946 to 1948.
Elpidio Quirino succeeded Roxas and served as President from 1948 to 1953.
Ramon Magsaysay, known as the "Man of the Masses," was the third President of the Third Republic from 1953 to 1957.
Carlos P. Garcia became President after the plane crash that killed Magsaysay and served from 1957 to 1961.
Diosdado Macapagal, known for pushing the Philippines' claim to Sabah and transferring Independence Day to June 12, served as President from 1961 to 1965.
Ferdinand E. Marcos (1965-1986)
Marcos declared martial law in 1972 and proclaimed the "New Republic" in 1981.
He served as the first President of the Fourth Republic and the longest-serving President of the Philippines.
Corazon C. Aquino (1986-1992)
Aquino became the first President of the Fifth Republic after the EDSA Revolution in 1986.
Ramos, Estrada, Arroyo, and Pnoy
Aquino was followed by Presidents Fidel V. Ramos, Joseph Ejercito Estrada, Gloria Macapagal-Arroyo, and Benigno S. Aquino III.
Rodrigo R. Duterte (2016- )
Duterte is the current President, serving as the sixth President of the Fifth Republic.
Power of control over the executive branch
The President has control over all executive departments, bureaus, and offices.
This includes restructuring, reconfiguring, and appointments of officials.
Power to issue executive orders, decrees, proclamations, or letters of instructions
The President can issue executive orders, administrative orders, proclamations, memorandum orders, memorandum circulars, and general or special orders.
Power over aliens
The President has the power to deport aliens, change their status, and overrule the Board of Commissioners of the Bureau of Immigration.
Powers of eminent domain, escheat, land reservation, and recovery of ill-gotten wealth
The President has the authority to exercise the power of eminent domain.
Private property can only be taken for public use with just compensation.
Source: Transcript
Power of eminent domain
President determines when to exercise the power of eminent domain
President directs the solicitor general to institute expropriation proceedings
Power to direct escheat or reversion proceedings
President directs the solicitor general to institute escheat or reversion proceedings over lands transferred to disqualified persons
Power to reserve lands of the public and private domain of the government
President has the power to reserve lands for settlement or public use
Reserved land remains subject to the specific public purpose indicated until otherwise provided by law or proclamation
Power over ill-gotten wealth
President directs the solicitor general to institute proceedings to recover unlawfully acquired properties
President has the authority to recover ill-gotten properties amassed by previous regime leaders and supporters
President may appoint officials of the Philippine government
Some appointments require approval from the Committee on Appointments
President has the mandate to supervise local governments in the Philippines
This is traditionally done by the Department of the Interior and Local Government
President can exercise powers enumerated in the constitution and given by law
Vice President is first in line of succession in cases of death, disability, or resignation of the President
Senate President is second in line of succession
Speaker of the House of Representatives is third in line of succession
Vice President is elected by direct vote for a term of six years
Vice President's term starts on the 30th day of June after a regular election is held
Qualifications for the Vice President are the same as those for the President
Vice President is elected via direct vote since the establishment of the Commonwealth government in 1935
The first constitution, the Malolos Constitution, did not provide for a Vice President
The office of the Vice President was officially established in 1935
Sergio Osmeña was the inaugural holder of the position, serving until 1944
Elpidio Quirino, Fernando Lopez, Carlos P. Garcia, and Emmanuel Pelaez also held the position
The office was abolished in 1972 and reinstated in 1986
Arturo Tolentino filled the position in 1986
Arturo Tolentino was the running mate of President Ferdinand Marcos during the 1986 Snap Elections
Marcos-Tolentino ticket was proclaimed as winners of the election
Tolentino took oath as Vice President on February 16, 1986, but his term lasted only a few days before the EDSA Revolution
Salvador Laurel Jr. became the inaugural holder of the Vice President position under the 1987 Constitution
Since then, the Fifth Republic has had six vice presidents, five elected and one appointed by Congress
The vice president can concurrently assume a cabinet position if offered by the President
The vice president is mandated to assume the presidency in case of the death, disability, or resignation of the incumbent President
If there is a vacancy in the Office of the Vice President, the President must nominate a replacement with the concurrence of the Committee on Appointments
Cabinet secretaries act as the alter ego of the President, executing the power of the Office of the President in their respective departments
The number of cabinet secretaries can vary depending on the administration's needs
The President can create or dissolve departments as deemed necessary
The President appoints cabinet secretaries with the consent of the Commission on Appointments
Nominated individuals for cabinet posts are submitted to the Commission on Appointments for consideration
Confirmation by the Commission on Appointments is required before assuming the post, but individuals can serve in an acting capacity before confirmation
Some cabinet members are not subject to confirmation, while others require confirmation by the Commission on Appointments
Cabinet secretaries have the power to issue directives, such as department orders, within their departments
They act as advisors to the President in their respective areas
Legislative power is vested in the Congress of the Philippines, which consists of a Senate and a House of Representatives.
The national legislature of the Philippines.
It is a bicameral body consisting of the Senate (upper chamber) and the House of Representatives (lower chamber).
Composed of 24 senators, half of which are elected every three years.
Senators serve a total of six years.
Senators are elected by the whole electorate and do not represent any geographical district.
Currently composed of 297 congressmen.
The Constitution states that the House "shall be composed of not more than 250 members, unless otherwise fixed by law."
Represent a particular geographical district of the country.
All provinces in the country have at least one congressional district.
Some cities have their own congressional districts, with some composed of two or more representatives.
Represent minority sectors of the population.
Enable minority groups to be represented in Congress.
Also known as party-list representatives, they represent labor unions, rights groups, and other organizations.
Section 1: The legislative power shall be vested in the Congress of the Philippines, which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum.
The authority under the constitution to make laws and to alter or repeal them.
The Senate is composed of 24 Senators who are elected at large by the qualified voters of the Philippines.
No person can be a Senator unless they are a natural-born citizen of the Philippines, at least 35 years old, able to read and write, a registered voter, and a resident of the Philippines for at least 2 years preceding the election.
The term of office of Senators is six years, starting on the 30th day of June following their election.
Senators cannot serve for more than two consecutive terms.
The House of Representatives shall be composed of not more than 250 members, unless otherwise fixed by law.
Members are elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area based on the number of inhabitants.
There are also members elected through a party-list system of registered national, regional, and sectoral parties or organizations.
No person can be a member of the House of Representatives unless they are a natural-born citizen of the Philippines, at least 25 years old, able to read and write, and a registered voter in the district they are elected from.
They must also be a resident of the district for at least 1 year preceding the election.
Members of the House of Representatives are elected for a term of 3 years, starting on the 30th day of June following their election.
Members cannot serve for more than 3 consecutive terms.
General Legislative Powers
Enactment of laws to govern relations between individuals or between individuals and the state
Implied Powers
Essential for the effective exercise of other granted powers
Inherent Powers
Necessary for the existence of Congress
Examples: determining rules of proceedings, compelling attendance of absent members, keeping journal of proceedings
Specific Legislative Powers
Powers expressly directed by the Constitution
Examples: power to appropriate, power to impeach, power to confirm treaties, power to declare war, power to concur amnesty, power to act as board of canvassers for presidential/vice-presidential votes
Powers of Congress that are executive in nature
Examples: appointment of its officers, affirming treaties, confirming presidential appointees, removal power
Congress exercises control and supervision over the administrative branch
Examples: deciding the creation of departments/agencies/offices, defining powers and duties of officers, appropriating funds, prescribing rules and procedures
Congress has the power to elect its presiding officers and other officers of the House
Acts as the board of canvassers for presidential/vice-presidential votes
Can elect the President in case of an electoral tie
Each house of Congress has judicial powers
Examples: punishing members for disorderly behavior, concurring and approving amnesty, initiating and deciding cases of impeachment, deciding electoral protests
Other powers mandated by the Constitution
Examples: authorizing the Commission on Audit to audit funds and property, authorizing the President to fix tariff rates, authorizing the President to formulate rules and regulations in emergencies, reapportioning legislative districts, implementing laws on autonomy, establishing a national language commission, implementing free public secondary education, allowing small-scale utilization of natural resources, specifying limits of forest lands and national parks, determining ownership and extent of ancestral domain, establishing independent economic and planning agency
Preparation of the Bill
Member or Bill Drafting Division prepares and drafts the bill
First Reading
Bill is filed, numbered, and reproduced
Included in the Order of Business for First Reading
Committee Consideration/Action
Committee evaluates the bill and determines the need for public hearings
If public hearings are needed, they are scheduled and resource persons are invited
Committee may introduce amendments or consolidate bills based on hearings/discussions
Committee approves the Committee Report and transmits it to the Plenary Affairs Bureau
Second Reading
Committee Report is registered and numbered
Scheduled for consideration on Second Reading
Secretary General reads the number, title, and text of the bill
Period of Sponsorship and Debate, Period of Amendments, Voting
Third Reading
Amendments are engrossed and printed
Engrossed bill is included in the Calendar of Bills for Third Reading
Secretary General reads the number and title of the bill
Roll call or nominal voting is called, Members explain their vote
Bill is approved by a majority vote
Transmittal of the Approved Bill to the Senate
Senate Action on Approved Bill of the House
Conference Committee
Transmittal of the Bill to the President
Presidential Action on the Bill
Action on Approved Bill
Action on Vetoed Bill
The Congress can override a veto by a two-thirds vote of both the House and the Senate.
The Rules of Court and the rules and regulations issued by the Supreme Court define the rules and procedures of the judiciary.
Appointments to the judiciary are made by the President of the Philippines based on a list submitted by the Judicial and Bar Council.
The Philippine Judicial Academy (PHILJA) is the training school for justices, judges, court personnel, lawyers, and aspirants to judicial posts.
The Katarungang Pambarangay Law establishes a system of amicably settling disputes at the barangay level.
Republic Act No. 9285 institutionalized the use of an alternative dispute resolution system.
The Supreme Court was established with the abolition of the audencia by Act No. 136 of the Philippine Commission.
The royal audencia was established in 1583 and exercised both administrative and judicial functions.
In 1861, it was converted to a purely judicial body with its decisions appealable to the Court of Spain in Madrid.
During the Philippine Revolution and First Republic, the administration of justice was organized ad hoc.
The Malolos Constitution provided for a Supreme Court of Justice, but it never materialized due to the Philippine-American War.
The audencia was suspended during the Philippine-American War and re-established with Filipino members.
The present Supreme Court was established with the abolition of the audencia by Act No. 136 of the Philippine Commission.
The Supreme Court was established on June 11, 1901, with Cayetano Arellano as the first chief justice and majority of the associate justices being Americans.
The Supreme Court was Filipinized in 1935 with the ratification of the 1935 Constitution, increasing the membership to 11 with two divisions of five members each.
The composition of the court was reduced by Commonwealth Act No. 3, providing for a Supreme Court headed by a chief justice and six associate justices.
During World War II, emergency powers were granted to President Manuel L. Quezon, and Chief Justice Jose Abad Santos became the acting President in unoccupied areas.
After Abad Santos was captured and executed by the Japanese, the Commonwealth government-in-exile had no system of courts.
The Japanese organized the Philippine Executive Commission in occupied areas, which led to the establishment of the Second Republic.
The regular function of the courts was restored after World War II, with the appointment of a new Supreme Court on June 6, 1945.
The laws of the Second Republic were declared null and void by a Supreme Court decision on Co Kim Cham v. Eusebio Valdez Tan Keh and Arsenio P. Dizon.
The Supreme Court was retained during the martial law years under rules similar to the 1935 Constitution, with a few key changes.
The 1973 Constitution increased the membership of the Supreme Court to 15 with two divisions.
The process of appointing the chief justice and associate justices was changed to grant the president (Ferdinand Marcos) the sole authority to appoint members of the Supreme Court.
The Supreme Court is composed of a chief justice and 14 associate justices who serve until the age of 70.
The chief justice and associate justices are appointed by the President of the Philippines from a shortlist submitted by the Judicial and Bar Council.
The Supreme Court has the power to exercise jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.
The Supreme Court can review, revise, reverse, modify, or affirm final judgments and orders of lower courts in various types of cases.
The Supreme Court can assign judges of lower courts to other stations temporarily and order a change of venue or place of trial to avoid a miscarriage of justice.
The Supreme Court can promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts.
The Chief Justice is appointed by the President of the Philippines with the concurrence of the National Assembly or the president's cabinet, depending on the constitution in effect at the time.
There have been six Chief Justices appointed under the 1935 Constitution, with Chief Justice Jose Yulo being the only one not appointed by a president during the Japanese occupation.
The 1943 Constitution provided for the appointment of Supreme Court members and the chief justice by the president with the concurrence of his cabinet.
The power of Congress to veto an appointment by the president was removed.
The 1973 Constitution stated that the President would appoint the Members of the Supreme Court and judges of inferior courts.
The Judicial and Bar Council was introduced to de-politicize the judiciary.
Manuel L. Quezon appointed Jose Abad Santos
Sergio Osmeña appointed Manuel V. Moran
Elpidio Quirino appointed Ricardo M. Paras
Carlos P. Garcia appointed Cesar Bengzon
Ferdinand E. Marcos appointed Roberto V. Concepcion, Querube Makalintal, Fred Ruiz Castro, Enrique M. Fernando, Felix V. Makasiar, and Ramon C. Aquino
Corazon C. Aquino appointed Claudio Teehankee, Pedro L. Yap, Marcelo B. Fernan, and Andres R. Narvasa
Joseph Ejercito Estrada appointed Hilario G. Davide
Gloria Macapagal Arroyo appointed Artemio Panganiban, Reynato Puno, and Renato C. Corona
Benigno S. Aquino III appointed Ma.Lourdes P.A. Sereno
Cayetano Arellano: First Chief Justice of the Supreme Court
Ramon Avanceña: Known for ushering in an all-Filipino Supreme Court
Jose Abad Santos: Served as both Chief Justice and Secretary of Justice during wartime
Claudio Teehankee: Known for his anti-martial law stance
Hilario G. Davide: Presiding judge of the first impeachment proceedings in Asia
Maria Lourdes P.A. Sereno: First woman appointed as Chief Justice
Established on February 1, 1936, through Commonwealth Act No. 3.
Current form constituted through Batas Pambansa Blg. 129, as amended by Executive Order No. 33, s. 1986, Republic Act No. 7902, and Republic Act No. 8246.
Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo warranto.
Exclusive original jurisdiction over actions for annulment of judgments of Regional Trial Courts.
Exclusive appellate jurisdiction over all final judgments, resolutions, orders, or awards of Regional Trial Courts and quasi-judicial agencies.
Composed of one presiding justice and 68 associate justices.
Justices appointed by the President from a shortlist submitted by the Judicial and Bar Council.
Precedence based on the dates of their respective appointments.
Special graft court established to promote high standards of conduct among government officials and employees.
Established through Presidential Decree No. 1606 in 1978.
Current form constituted through PD 1606, as amended by Republic Act No. 7975 and Republic Act No. 8245.
Jurisdiction over violations of the Anti-Graft and Corrupt Practices Act and certain sections of the Revised Penal Code.
Cases involving officials occupying positions in the government at the time of the offense.
Comprises of one presiding justice and 14 associate justices.
Justices appointed by the President from a shortlist submitted by the Judicial and Bar Council.
Precedence based on the dates of their respective appointments.
Qualifications include being a natural-born citizen, at least 40 years
