ho3 3 branches of the government

8/6/2019 HO3 3 Branches of the Government

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POLIGOVHANDOUTS # 3

THE THREE BRANCHES OF THE GOVERNMENT: EXECUTIVE,LEGISLATIVE AND JUDICIARY AND THE NATIONAL AND LOCAL GOVERNMENT

EVOLUTION

FROM CENTRALIZED TO DECENTRALIZEDPREPARED BY: PORTIA ELAINE V. BISMONTE

I. THE LEGISLATIVE BRANCH

The Legislative branch of the government, is the body of the government that deals with theformulating, making and the enactment of such laws. As the constitution stated the PhilippineCongress is Bicameral in nature.

The Legislative body or Congress was started in Ancient Athens, Greece, they made laws bypopular assembly or council and it was called Leges or even make a law by the vote of the people

calledplebescita, or even by the degree of the Senate called senatus consulta.

A type of representative deliberative assembly with the power to ratify laws. Legislatures areknown by many names, the most common being parliament and congress, although these terms alsohave more specific meanings. The main job of the legislature is to make laws. In parliamentarysystems of government, the legislature is formally supreme and appoints the executive. Inpresidential systems of government, the legislature is considered a power branch which is equal to,and independent of, the executive. In addition to enacting laws, legislatures usually have exclusiveauthority to raise taxes and adopt the budget and othermoney bills.

The Philippine Legislative Body a History in Brief:

When the Philippines was under American colonial rule, the legislative body was the PhilippineCommission which existed from 1900 to 1907. The President of the United States appointed themembers of the Philippine Commission.

The Philippine Bill of1902 mandated the creation of a bicameral or a two-chamber PhilippineLegislature with the Philippine Commission as the Upper House and the Philippine Assembly as theLower House. This bicameral legislature was inaugurated in 1907. Through the leadership of thenSpeaker Sergio Osmea and then Floor Leader Manuel L. Quezon, the Rules of the 59th UnitedStates Congress was substantially adopted as the Rules of the Philippine Legislature. In 1916, theJones Law changed the legislative system.

The Philippine Commission was abolished, and a new bicameral Philippine Legislatureconsisting of a House of Representatives and a Senate was established. The legislative system waschanged again in 1935. The 1935Constitution established a unicameral National Assembly. But in1940, through an amendment to the 1935 Constitution, a bicameral Congress of the Philippinesconsisting of a House of Representatives and a Senate was created.

Upon the inauguration of the Republic of the Philippines in July 4, 1946, Republic Act No. 6was enacted providing that on the date of the proclamation of the Republic of the Philippines, theexisting Congress would be known as the First Congress of the Republic. The 1973 Constitutionabolished the bicameral Congress and created the legislative advisory council and legislative body

Batasang Bayan and a unicameral Batasang Pambansa in a parliamentary system of government.

The 1987 Constitution restored the presidential system of government together with abicameral Congress of the Philippines.

A. Legislative Power and where is it vested.

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wiki/Parliamentary_systemhttp://en.wikipedia.org/wiki/1987http://en.wikipedia.org/wiki/Constitution_of_the_Philippineshttp://en.wikipedia.org/wiki/Presidential_system


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The legislative power is vested upon the Congress of the Philippines which is bicameral in nature,and consists of the Senate and the House of Representatives as stated by Article VI of the PhilippineConstitution.

Legislative Power is the power to enact general and specific laws, to alter or repeal them. When

a new law is passed when existing law is partly modified or altered, or when a law is completelychanged or repealed.

B. Philippine Congress Structure and Composition

The Philippine Congress is Bicameral in nature and is composed of the Senate and the House ofRepresentatives, the Senate.

The Senate referred to as the Upper House, is composed of 24 Senators, directly elected byqualified voters, vacancies have to be filled by special elections, all of them are elected non areappointed this practice helps maintains the independence of the Senate from the Executive branch

where all appointments come from.The House of the Representatives or the Lower House is composed of 250

Congressmen/Representatives, unless otherwise changed by law, who shall be elected from thelegislative districts apportioned among the provinces, cities and the Metropolitan Manila area inaccordance with the number of their respective inhabitants and on the basis of a uniform andprogressive ratio and those who as provided by law shall be elected through a party list system ofregistered national, regional, and sectoral parties or organizations.

C. Functions, Rights, and Constitutional Prohibitions of the Congress

Functions of the Congress/Modern Legislature1. Lawmaking considered the primary function of the legislature, and with the

suggestions or feedbacks of the executive as a guide makes laws to be promulgated tothe state. It consists of the enactment of laws intended as a rule of conduct to governthe relation between individuals (i.e., civil laws, commercial laws, etc.) or betweenindividuals and the state (i.e., criminal law, political law, etc.)Powers enjoyed by the Congress classifiable under this category are:

Power to appropriate; Power to act as constituent assembly; Power to impeach; Power to confirm treaties; Power to declare the existence of war;

Power to concur amnesty; and Power to act as board of canvasser for presidential/vice-presidential votes.

2. Electoral Function a function wherein the congress can vote or end the tiebreak ifsuch thing exists in the candidates for presidency and vice-presidency. Elect itspresiding officer/s and other officers of the House; Act as board of canvassers for thecanvass of presidential/vice-presidential votes; and Elect the President in case of anyelectoral tie to the said post.

3. Implied powers - It is the essential to the effective exercise of other powers expresslygranted to the assembly.

4. Inherent powers - These are the powers which though not expressly given arenevertheless exercised by the Congress as they are necessary for its existence such

as: to determine the rules of proceedings; to compel attendance of absent members to obtain quorumto do business; to keep journal of its proceedings; and etc.

5. Judicial Power the congress has a duty to impeach constitutional officials like thepresident, members of the supreme court, and other high officials for certain designated

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offences. In cases of bicameral legislative the representatives of lower house initiatesthe impeachment proceedings and then the upper house or senate tries the case as

judges. This power of Congress will enable it to pass judgment upon certainparties/courses of action and falling under this category are the following:

To expel and suspend its erring members;

To initiate contempt proceeding in the Congress; To concur and approve amnesty declared by the President of thePhilippines; To initiate, prosecute and thereafter decide cases of impeachment;and To decide electoral protests of its members through the respectiveElectoral Tribunal.

6. Function of Internal Discipline exercises the power to discipline its own members,each member who violates certain conduct in legislative procedures are investigated bya committee and the members guilty of such misdemeanors are punished withsuspension or expulsion.

7. Executive power - Powers of the Congress that are executive in nature are: Appointment of its officers; Affirming treaties; Confirming presidential appointees thru the Commission onAppointments; Removal power; and etc.

8. Representation another basic function wherein the parliament or the congress has aright to speak for and on behalf of the whole nation and commit itself to the people forany legislative policy formulated and made which is made for the people own welfare.

9. Approval of Budgets and taxes wherein the congress approves the Appropriations actor the budgeted money projections of the government for the next year done once every

year, this bill once becomes a law is the budget guide to be used by the agencies of thegovernment on how much to spend and where to spend the finances collected by thegovernment. Tax laws are made by the congress to collect the needed finances toeffectively run the government machine, when and where to spend it wisely.

10. Miscellaneous powers - The other powers of Congress mandated by the Constitutionare as follows:

To authorize the Commission on Audit to audit fund and property; To authorize the President of the Philippines to fix tariff rates,quotas, and dues; To authorize the President of the Philippines to formulate rules andregulations in times of emergency; To reapportion legislative districts based on establishedconstitutional standards; To implement laws on autonomy; To establish a national language commission; To implement free public secondary education; To allow small scale utilization of natural resources; To specify the limits of forest lands and national parks; To determine the ownerships and extent of ancestral domain; and To establish independent economic and planning agency.

11. Director/Supervisory power - The Congress of the Philippines exercises considerable

control and supervision over the administrative branch - e.g.: To decide the creation of a department/agency/office; To define powers and duties of officers; To appropriate funds for governmental operations; To prescribe rules and procedure to be followed; and etc.

The Rights and Privileges of the Congress

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1 A Salary of more or less a fixed amount salaries are determinedby law, no increase in salary shall take effect until after expiration of the full term of themembers of the Congress approving the increase, and until proven otherwise thepresent salary of the Senate President is 240,000/annum and Speaker 240,000/annum

and the members of congress 204,000/annum. They can also decrease their salary andcan take immediate effect while during office while the increase in salary only takeseffect after said term of the propagators of the salary increase, this is to make safe theposition against being taken advantage off. Salary of the congress is also now subjectto tax.2 Privilege from arrest and Parliamentary immunity senators andrepresentatives shall in all offences punishable by not more than 6 years imprisonmentprivilege from arrest while Congress is in session. And no member shall be questionednot be held liable in any other place for any speech or debate in the Congress or in anycommittee thereof.

Note: in order for the Privilege from arrest be invoked by the members of the Congress the followingrequirements must be present: 1. Offense committed is punishable by not more than 6 years. So thesenate/representative can enjoy immunity from arrest if the penalty is more than 6 years privilegedoes not exist. and 2. The Congress is in Session. The absence of any of these requirements makethe member not immune to arrest the purpose of these privileges is for the members to do their jobswithout obstructions.

3 Franking Privilege wherein members of the Congress can sendtheir mail letters without affixing any revenue stamps, this is an unconstitutional privilegeand only privilege granted by law and can therefore be able to stop orchanged/abolished by the congress itself.

Constitutional Prohibitions

1. having conflict of interests in policy and law making.2. holding any office or employment in the government, agency, GOCC(government owned

and controlled corporations), any subdivision of the government.3. being appointed to any office, during term of office as a member of the congress4. being appointed to any office, the emoluments thereof increased during term for which they

are elected.5. personally appearing as counsels before any court of justice, or electoral tribunals or any

quasi-judicial or other administrative bodies.6. Being indirectly or directly interested financially in government franchise7. Being indirectly or directly interested financially in any contract with the government or its

subdivisions.8. Being indirectly or directly interested financially in any special privilege granted by the

government or its subdivisions during term.9. Intervening in any matter before any office of the Government for Pecuniary benefit.10.Intervening where they may be called upon to act on account of their office.11.Applying for a loan, guaranty, or other form of financial accommodation for any business

purposes directly from any GOCC back or financial institution during their tenure.12.Applying for a loan, guaranty, or other form of financial accommodation for any business

purposes directly from any GOCC back or financial institution during their tenure byMembers of Congress.

D. Membership Requirements

Senate Natural born citizen of the Philippines At least 35 years of age on the day of election Able to read and write Registered voter

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Resident of the Philippines for not less than 2 years immediatelypreceding the day of election.

House of Representative Natural born citizen of the Philippines At least 25 years of age on the day of election

Able to read and write Registered voter Resident of the Philippines for not less than 1 year immediately precedingthe day of election

E. How a Bill Becomes a Law

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Preparation of the billThe Member or the Bill Drafting Divisionof the Reference and Research Bureauprepares and drafts the bill upon theMember's request.

Filing of the BillThe prepared bill is filled with the

Secretary of the House concerned, whocalendars it for 1st reading.

Second readingThe Committee Report is registered andnumbered by the Bills and Index Service. It isincluded in the Order of Business and referred tothe Committee on Rules.

The Committee on Rules schedules the bill forconsideration on Second Reading.On Second Reading, the Secretary Generalreads the number, title and text of the bill and thefollowing takes place:Period of Sponsorship and DebatePeriod of AmendmentsVoting, which may be byviva vocecount by tellersdivision of the Housenominal voting

First readingThe bill is filed with the Bills and IndexService and the same is numbered andreproduced.Three days after its filing, the same isincluded in the Order of Business for FirstReading.On First Reading, the Secretary Generalreads the title and number of the bill. TheSpeaker refers the bill to the appropriateCommittee/s.

Committee consideration / actionThe Committee where the bill was referred toevaluates it to determine the necessity ofconducting public hearings.If the Committee finds it necessary to conductpublic hearings, it schedules the time thereof,issues public notices and invites resourcepersons from the public and private sectors, the

academe and experts on the proposedlegislation.If the Committee finds that no public hearing isneeded, it schedules the bill for Committeediscussion/s.Based on the result of the public hearings orCommittee discussions, the Committee mayintroduce amendments, consolidate bills on thesame subject matter, or propose a substitute bill.It then prepares the corresponding committeereport.The Committee approves the Committee Report

and formally transmits the same to the PlenaryAffairs Bureau.

Third readingThe amendments, if any, are engrossed andprinted copies of the bill are reproduced forThird Reading.The engrossed bill is included in the Calendarof Bills for Third Reading and copies of thesame are distributed to all the Members threedays before its Third Reading.On Third Reading, the Secretary General readsonly the number and title of the bill.A roll call or nominal voting is called and aMember, if he desires, is given three minutes toexplain his vote. No amendment on the bill isallowed at this stage.The bill is approved by an affirmative vote of amajority of the Members present.If the bill is disapproved, the same istransmitted to the Archives.

Transmittal of the approved bill to theSenate

The approved bill is transmitted to the Senate forits concurrence.Senate action on approved bill of the HouseThe bill undergoes the same legislative process inthe Senate.**


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II. THE EXECUTIVE BRANCH

In political science and constitutional law, the executive is the branch of governmentresponsible for the day-to-day management of the state. In many countries, it is referred to simply asthe government, but this usage can be confusing in an international context. The executive branchcontains the head of government, who is the head of this branch. Under the doctrine of the separationof powers, the executive is not supposed to make laws (role of the legislature), nor to interpret them(role of thejudiciary): in practice, this separation is rarely absolute. The executive is identified by theHead of Government. In a presidential system, this person (the President) may also be the Head ofState, whereas in a parliamentary system he or she is usually the leader of the largest party in thelegislature and is most commonly termed the Prime Minister (Taoiseach in the Republic of Ireland,(Federal) Chancellor in Germany and Austria). In France, executive power is shared between thePresident and the Prime Ministerand this system has been reproduced in a number of formerFrenchcolonies, while Switzerland and Bosnia and Herzegovina likewise have collegiate systems for the roleof Head of State and Government. The Head of Government is assisted by a number of ministers,who usually have responsibilities for particular areas (e.g. health, education, foreign affairs), and by alarge number ofgovernment employees orcivil servants.

History of Philippine Presidency in Brief

The Philippines has had a total of fourteen presidents. Despite the differences in constitutionsand government, the line of presidents is considered to be continuous. For instance, the currentpresident, Gloria Macapagal-Arroyo, is considered the 14th president. While the Philippines consider

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Presidential action on the billIf the bill is approved the President, the same is

assigned an RA number and transmitted to theHouse where it originated. If no action has takenplace within 30 days (no veto or signing) the billautomatically becomes a law. But if it is Vetoed

**Conference committeeA Conference Committee is constituted and iscomposed of Members from each House of

Congress to settle, reconcile or thresh outdifferences or disagreements on any provision ofthe bill.The conferees are not limited to reconciling thedifferences in the bill but may introduce newprovisions germane to the subject matter or mayreport out an entirely new bill on the subject.The Conference Committee prepares a report tobe signed by all the conferees and theChairman.The Conference Committee Report is submittedfor consideration/approval of both Houses. No

amendment is allowed.

Action on approved billThe bill is reproduced and copies are sent tothe Official Gazette Office for publication anddistribution to the implementing agencies. It isthen included in the annual compilation of Actsand Resolutions.

Transmittal of the bill to the PresidentCopies of the bill, signed by the SenatePresident and the Speaker of the House ofRepresentatives and certified by both theSecretary of the Senate and the SecretaryGeneral of the House, are transmitted to thePresident.

Action on vetoed billThe message is included in the Order ofBusiness. If the Congress decides to overridethe veto, the House and the Senate shallproceed separately to reconsider the bill or thevetoed items of the bill. If the bill or its vetoed

items is passed by a vote of two-thirds of theMembers of each House, such bill or itemsshall become a law.
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Emilio Aguinaldo to be the first president, the First Republic fell under the United States following thePhilippine-American War. Manuel L. Quezon is considered to be the first president by the UnitedStates and the first to win an election.

The Philippines had two presidents at one point during World War II heading two governments.

One was Quezon heading the Commonwealth government-in-exile (considered de jure) and the otherwas J. P. Laurel heading the Japanese-sponsored republic (considered de facto). Laurel wasinstructed to remain in Manila by President Manuel Quezon. Laurel was not recognized as aPhilippine president formally until the Macapagal administration. The recognition coincided with themovement of the Philippine Independence Day from July 4 to June 12.

However, it must be borne in mind that in the roster of presidents, it is inaccurate to considerLaurel the successor of Osmea or vice versa; Laurel's republic was formally rejected after WorldWar II and none of its statutes or actions were considered legal or binding. The inclusion of Laurelcauses some problems in determining the order of presidents. Quezon, Osmea, and Roxas, forexample, were three of a continuous constitutional line; Laurel was the first and only President of the

Second Republic. Thus, Laurel has no predecessor and successor, while Osmea was Quezon'ssuccessor and Roxas was Osmea's successor.

A. Role and Functions of the Executive

The exact ROLE of the executive depends on the constitution of the country. Not all of the followingfunctions need be exercised by the central executive, particularly in federal countries: they mayinstead be exercised by local government

A good analogy is the owner - architect - contractor relationship. The Legislative branch actsas the architect to draw up the plans and specifications according to the wishes of the people whoelected them (the owners), and exercises oversight to make sure the Executive Branch acts by itsauthority with its advice and consent. The Executive branch executes the instructions given it by theLegislature, but has no power to act on its own without instructions, because that would put it in theposition of acting legislatively.

The Laws issued by the Legislature must be complied with exactly. It is the Presidents job toPreserve, protect and defend them while executing them faithfully and it's the Judiciary's job to act ascompetent administrators to see that all parties are in compliance with the Constitution.

Functions of the Executive

The main function of the Executive Branch is to do what it is instructed to do by Legislationproduced by the Legislative Branch: the Executive Branch collects taxes and customs duties asinstructed by the Legislative Branch and uses the money appropriated by the Legislative Branch topay the salaries of government employees and for other government expenditure. As instructed bythe Legislative Branch, it assures the internal and external security of the state by maintaining apolice force and armed forces when instructed to do so by the Legislative Branch according to itsrules.

The Executive Branch acting by and with the advice and consent of the Legislative Branch isalso responsible for executing the regulating legislation drafted by the Legislative Branch to guide themany sectors of the economy, notably

the Military the labor force (e.g. by enforcing labor laws) agriculture transportation energy provision housing and construction (e.g. by issuing building permits)

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commerce in general (e.g. by enforcing minimum standards, and notably by issuing acurrency)

The Executive Branch may provide health and education services: regulating these areas asinstructed by the Legislative Branch and operate nationalized industries, and promote researchand culture.

B. Executive Branch Structure and Composition

The Executive branch of the Philippines is divided into the National government which iscomposed of the President, the Vice President, and the Cabinet, composed of the CabinetSecretaries. And the Local Government Unit composed of Administrative/Political Divisions andheaded by the following:

Province : Governor, Vice Governor, Provincial Counselors City/Municipality: Mayor, Vice-Mayor, City/Municipality Counselors Barangay: Barangay Captain, Vice Captain, Kagawad.

Note: The Vice President of the Philippines is the second highest executive official of the Philippinegovernment. The Vice President of the Philippines is locally termed asAng Pangalawang Pangulo orPangalawang Pangulo (or Bise Presidente informally), for example Ang Pangalawang PangulongNoli L. De Castro. The Vice President is the first in the presidential line of succession. The VicePresident also becomes the new President upon the death, resignation, or removal by impeachmentand subsequent conviction of the President. The position was temporarily abolished by martial law in1972, and was restored by amendments to the 1973 Constitution in time for the national "snap"elections of 1986. The subsequent, and present, 1987 Constitution retained the position. The office ofthe Vice President is located in the Philippine International Convention Center in Pasay City, MetroManila.

Unlike the position of Vice-President in the United States, the Vice-President of the Philippineshas no official responsibility other than those given by the incumbent President of the Philippines. Thetraditions governing the position of Vice-President date back to the Philippine Commonwealth, andthe first Vice-President, Sergio Osmena, while there was a similarly-named position in governmentsprior to the First Philippine Republic, the position did not exist under what is considered the firstofficial national government set up in 1898. The tradition is for the Vice-President to be given thehighest-ranking cabinet portfolio, thus the Vice-President is appointed as a Member of the Cabinetand such appointment requires no confirmation.

The Executive Department of the Philippines

Also known as the "Cabinet" is the largest component of the national executive branch of thegovernment of the Philippines. There are a total of nineteen executive departments. The departmentscomprise the largest part of the country's bureaucracy.

The Cabinet secretaries are tasked to advise the President on the different affairs of the statelike agriculture, budget, finance, education, social welfare,national defense, foreign affairs and etc.

They are nominated by the President and then presented to the Commission on Appointments,a body of the Congress of the Philippines that confirms all appointments made by the head of state,for confirmation or rejection. If the presidential appointees are approved, they are sworn into office,receive the title "Secretary," and begin to function their duties.

Department Acronym Established SecretaryDepartment of Agrarian ReformKagawaran ng Repormang Pansakahan

DARSeptember 10,1971

Nasser C. Pangandaman

Department of AgricultureKagawaran ng Pagsasaka

DA June 23, 1898 Arthur C. Yap

Department of Budget and ManagementKagawaran ng Pagbabadyet at Pamamahala

DBM April 25, 1936 Rolando G. Andaya, Jr.

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Department of EducationKagawaran ng Edukasyon

DepEd January 21, 1901 Jesli A. Lapus

Department of EnergyKagawaran ng Enerhiya

DOE December 9, 1992 Angelo T. Reyes

Department of Environment and NaturalResourcesKagawaran ng Kapaligiran at Likas naKayamanan

DENR January 1, 1917 Jose L. Atienza, Jr.

Department of FinanceKagawaran ng Pananalapi

DOF March 17, 1897 Margarito B. Teves

Department of Foreign AffairsKagawaran ng Ugnayang Panlabas

DFA June 23, 1898 Alberto G. Romulo

Department of HealthKagawaran ng Kalusugan

DOH June 23, 1898 Francisco T. Duque III

Department of the Interior and Local GovernmentKagawaran ng Interyor at Pamahalaang Lokal

DILG March 22, 1897 Ronaldo V. Puno

Department of JusticeKagawaran ng Katarungan

DOJ September 26,1898

Raul M. Gonzalez

Department of Labor and EmploymentKagawaran ng Paggawa at Empleyo

DOLE December 8, 1933 Arturo D. Brion

Department of National DefenseKagawaran ng Tanggulang Pambansa

DNDDecember 21,1935

Gilberto C. Teodoro, Jr.

Department of Public Works and HighwaysKagawaran ng Pagawaing Bayan at Lansangan

DPWH January 30, 1987Hermogenes E. Ebdane,Jr.

Department of Science and TechnologyKagawaran ng Agham at Teknolohiya

DOST January 30, 1987 Estrella F. Alabastro

Department of Social Welfare and Development

Kagawaran ng Kagalingang Panlipunan atPagpapaunlad DSWD January 30, 1987 Esperanza I. Cabral

Department of TourismKagawaran ng Turismo

DOT May 11, 1973 Joseph H. Durano

Department of Trade and IndustryKagawaran ng Kalakalan at Industriya

DTI June 23, 1898 Peter B. Favila

Department of Transportation andCommunicationsKagawaran ng Transportasyon at Komunikasyon

DOTC July 23, 1979 Leandro R. Mendoza

NOTE: Cabinet-level administration offices - Seven positions have cabinet-level rank, but are not

Secretaries of Executive Departments, meaning those people are permitted to attend Cabinetmeetings for special purposes. They are the following:

Office Acronym Established IncumbentOffice of the Vice PresidentTanggapan ng Pangalawang Pangulo

OVPMarch 22,1897

Manuel "Noli" L. DeCastro

Office of the Executive SecretaryTanggapan ng Kalihim ng Tagapagpaganap

OES Eduardo R. Ermita

Presidential Management StaffPamunuan ng Pampanguluhang Pamamahala

PMS July 29, 1970 Cerge M. Remonde

Office of the Presidential Chief of StaffTanggapan ng Pampanguluhang Pamamahala

PCS Vacant

Office of the Press SecretaryTanggapan ng Kalihim ng Pamamahayag

OPS Ignacio R. Bunye

National Economic and Development AuthorityPambansang Pangasiwaan sa Kabuhayan atPagpapaunlad

NEDA July 22, 1987Augusto B. Santos(OFFICER-IN-CHARGE)

Office of the Cabinet SecretaryTanggapan ng Kalihim ng Gabinete

OCS July 29, 1976 Ricardo L. Saludo

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kipedia.org/wiki/Department_of_Environment_and_Natural_Resources_(Philippines)http://en.wikipedia.org/wiki/Department_of_Environment_and_Natural_Resources_(Philippines)http://en.wikipedia.org/wiki/January_1http://en.wikipedia.org/wiki/1917http://en.wikipedia.org/wiki/Lito_Atienzahttp://en.wikipedia.org/wiki/Department_of_Finance_(Philippines)http://en.wikipedia.org/wiki/March_17http://en.wikipedia.org/wiki/1897http://en.wikipedia.org/wiki/Department_of_Foreign_Affairs_(Philippines)http://en.wikipedia.org/wiki/June_23http://en.wikipedia.org/wiki/1898http://en.wikipedia.org/wiki/Alberto_Romulohttp://en.wikipedia.org/wiki/Department_of_Health_(Philippines)http://en.wikipedia.org/wiki/June_23http://en.wikipedia.org/wiki/1898http://en.wikipedia.org/wiki/Department_of_the_Interior_and_Local_Government_(Philippines)http://en.wikipedia.org/wiki/March_22http://en.wikipedia.org/wiki/1897http://en.wikipedia.org/wiki/Ronaldo_Punohttp://en.wikipedia.org/wiki/Department_of_Justice_(Philippines)http://en.wikipedia.org/wiki/September_26http://en.wikipedia.org/wiki/1898http://en.wikipedia.org/wiki/Raul_Gonzalezhttp://en.wikipedia.org/wiki/Department_of_Labor_and_Employment_(Philippines)http://en.wikipedia.org/wiki/December_8http://en.wikipedia.org/wiki/1933http://en.wikipedia.org/wiki/Department_of_National_Defense_(Philippines)http://en.wikipedia.org/wiki/December_21http://en.wikipedia.org/wiki/1935http://en.wikipedia.org/wiki/Department_of_Public_Works_and_Highways_(Philippines)http://en.wikipedia.org/wiki/January_30http://en.wikipedia.org/wiki/1987http://en.wikipedia.org/wiki/Department_of_Science_and_Technology_(Philippines)http://en.wikipedia.org/wiki/January_30http://en.wikipedia.org/wiki/1987http://en.wikipedia.org/wiki/Department_of_Social_Welfare_and_Development_(Philippines)http://en.wikipedia.org/wiki/January_30http://en.wikipedia.org/wiki/1987http://en.wikipedia.org/wiki/Esperanza_Cabralhttp://en.wikipedia.org/wiki/Department_of_Tourism_(Philippines)http://en.wikipedia.org/wiki/May_11http://en.wikipedia.org/wiki/1973http://en.wikipedia.org/wiki/Joseph_Ace_Duranohttp://en.wikipedia.org/wiki/Department_of_Trade_and_Industry_(Philippines)http://en.wikipedia.org/wiki/June_23http://en.wikipedia.org/wiki/1898http://en.wikipedia.org/wiki/Department_of_Transportation_and_Communications_(Philippines)http://en.wikipedia.org/wiki/Department_of_Transportation_and_Communications_(Philippines)http://en.wikipedia.org/wiki/July_23http://en.wikipedia.org/wiki/1979http://en.wikipedia.org/wiki/Leandro_Mendozahttp://en.wikipedia.org/wiki/Vice_President_of_the_Philippineshttp://en.wikipedia.org/wiki/March_22http://en.wikipedia.org/wiki/1897http://en.wikipedia.org/wiki/Noli_De_Castrohttp://en.wikipedia.org/wiki/Noli_De_Castrohttp://en.wikipedia.org/wiki/Executive_Secretary_(Philippines)http://en.wikipedia.org/wiki/Presidential_Management_Staff_(Philippines)http://en.wikipedia.org/wiki/July_29http://en.wikipedia.org/wiki/1970http://en.wikipedia.org/wiki/Presidential_Management_Staff_(Philippines)http://en.wikipedia.org/wiki/Office_of_the_Press_Secretary_(Philippines)http://en.wikipedia.org/wiki/Ignacio_Bunyehttp://en.wikipedia.org/wiki/National_Economic_and_Development_Authority_(Philippines)http://en.wikipedia.org/wiki/July_22http://en.wikipedia.org/wiki/1987http://en.wikipedia.org/wiki/Presidential_Management_Staff_(Philippines)http://en.wikipedia.org/wiki/July_29http://en.wikipedia.org/wiki/1976


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National Anti-Poverty CommissionPambansang Komisyon Laban sa Kahirapan

NAPC June 30, 1998 Domingo F. Panganiban

National Youth CommissionPambansang Komisyon sa Kabataan

C. Qualifications of the ExecutivePresident

Natural born citizen of the Philippines At least 40 years of age on the day of election Able to read and write Registered voter Resident of the Philippines for not less than 10 years immediatelypreceding the day of election.

Vice President Natural born citizen of the Philippines

At least 40 years of age on the day of election Able to read and write Registered voter Resident of the Philippines for not less than 10 years immediatelypreceding the day of election.

D. Powers, Functions, PrivilegesPresidential Powers and Functions

The Executive as a Ceremonial and Symbolic Chief of State public duties which aresymbolic in function and makes him/her a unifying force for the country

As Chief Administrator supervises the a vast network of administrative functions andagencies of the national and local level, and sees that the governments day to dayactivities are with dispatch and carried out effectively for good government.

As Commander in Chief of the Armed Forces which practices the Constitutionalprovision of a civilian authority is forever supreme over military. Makes the Presidentthe supreme commander of the Army of the State in times of Peace and War. AsCommander-in-Chief, the President can may call out such armed forces to prevent orsuppress lawless violence, invasion or rebellion. In case of invasion or rebellion, whenthe public safety requires it, he or she may, for a period not exceeding sixty days,suspend the privilege of the writ of habeas corpus or place the Philippines or any partthereof undermartial law.

As Dispenser of Justice may grant reprieves - suspension of death sentence,commutations reduction of death penalty to life imprisonment, amnesty - granted topolitical offenders who violate public or political laws and can be granted before orduring conviction, and pardons granting freedom to a convicted felon, and remit finesand forfeitures, after conviction by final judgment, except when the President is underimpeachment

Legislative Powers to approve or not to approve/veto a law passed by congress,SONA or the deliverance of the State of Nation Address in Congresss opening Session,the President uses patronage, and public opinion to recommend possibleproblems/topics for bills as a way to help the legislative process

Diplomatic Power/Functions of Executive Foreign Relations The President is the

architect of the countrys foreign policies and its up to her/him to direct these policies tobest serve the nations interest. The negotiations of treaties and other such foreignactivities or relations falls under the President and the DFA, and also the appointment ofambassadors, consuls and other members of the diplomatic corps. The president maycontract or guarantee foreign loans on behalf of the Republic of the Philippines with theprior concurrence of the Monetary Board, and subject to such limitations as may beprovided by law.

The president exercises general supervision over local government units.

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The president appoints, with consent of the Commission on Appointments, members ofthe Constitutional Commission, ambassadors, other public ministers and consuls, orofficers of the armed forces from the rank of colonel or naval captain, and other officerswhose appointments are vested in the President in 1987 Constitution.

The members of the Supreme Court are appointed by the president, based on a list

prepared by the Judicial and Bar Council. These appointments do not need the consentof the Commission on Appointments. Director of the attainment of the Nations economic interests. Leader of his/her Political Party which is not always applicable here in the Philippines.

Presidential Privileges

Official Residence, the Malacanang, and maintained and furnished by the use of publicfunds, which is enjoyed by the President and Family

Salary of the President and the Vice President receives a high annual salary (300,000)as determined by law and cannot be decreased or increased during their tenure ofoffice.

The President is immune from suit during his tenure of office but can be removed onlyfrom office by means of impeachment. The immunity from suit, makes no court, quasi-

judicial, tribunal or even administrative body can make him/her appear as witness or asa party in any case, but he/she can be a complainant.

The continuity of his/her tenure of office (4 years) cannot be disturbed unless otherwiseimpeached.

Enjoys franking privilege

E. The Importance of the Executive Succession

The Term Executive Succession implies the succession of the Vice-President to the position of

President in cases of the following: The President Elected was unqualified for the position and the Vice-President elect will

serve until such a time the President elect is qualified (age requirement) If the President was not chosen, the Vice President elect will be president until one is

chosen and qualified President has died or deemed permanently disabled and thus cannot do his/her duties to

the state, the Vice President will replace him in office, and become President. The President has resigned/abandonment of position then the Vice President will become

President. If the President, and Vice President is dead, permanently disabled, unqualified or not

chosen, the President of the Senate or in case of Inability the Speaker of the House will beacting president until a qualified President and Vice President is voted upon by SNAPelections( wherein the two houses of the Congress will convene within the 7 days of noPresident and VP. And enact a law calling for special elections which becomes a law withinthe 3rd reading. No SNAP elections can be called if the vacancy of the executive happenswithin 18 months of the next presidential elections.

Or summarized as follows:

At the start of the termIn case the president-elect fails to qualify, the Vice-President-elect shall act as President until the

President-elect shall have qualified.If at the beginning of the term of the President, the President-elect shall have died or shall havebecome permanently disabled, the Vice President-elect shall become President.Where no President and Vice-President shall have been chosen or shall have qualified, or where bothshall have died or become permanently disabled, the President of the Senate or, in case of hisinability, the Speaker of the House of Representatives, shall act as President until a President or aVice-President shall have been chosen and qualified.

During the term

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In case of death, permanent disability, removal from office, or resignation of the President, the Vice-President will become the President to serve the unexpired term. In case of death, permanentdisability, removal from office, or resignation of both the President and Vice-President, the Presidentof the Senate or, in case of his inability, the Speaker of the House of Representatives, shall then actas President until the President or Vice-President shall have been elected and qualified.

The Congress shall, by law, provide who shall serve as President in case of death, permanentdisability, or resignation of the Acting President. He shall serve until the President or the Vice-President shall have been elected and qualified, and be subject to the same restrictions of powersand disqualifications as the Acting President.The line of presidential succession as specified by the 1987 Constitution are the Vice-President,Senate President and the Speaker of the House of Representatives.

NOTE: Whenever the VP (Vice President) position is vacant (reasons: death. Disability andincapability) the president shall nominate a vice president among the congress members and votedupon my majority vote by both houses.

NOTE: Succession in case of the incapacitation or death of the President of the Philippines hasoccurred thrice: first, with Sergio Osmena's assumption of the presidency in 1944; then ElpidioQuirino's succession in 1948; and finally, Carlos P. Garcia's assumption of the presidency in 1957. AVice-President has become President by virtue of resignation (or abandonment of office, dependingon the argument used) once: Gloria Macapagal-Arroyo in 2001.

NOTE: The public must be informed of the Presidents state of health whenever he/she becomes illwith a serious malady, and the VP and the Members of the Cabinet shall not be denied access to thePresident.

III. THE JUDICIARY BRANCH

In the law, the judiciary or judicial system is the system ofcourts which administerjustice in thename of the sovereign orstate, a mechanism for the resolution of disputes. The term is also used torefer collectively to thejudges, magistrates and other adjudicators who form the core of a judiciary, aswell as the support personnel who keep the system running smoothly. Under the doctrine of theseparation of powers, the judiciary is the branch of government primarily responsible for interpretingthe law.

In COMMON LAW jurisdictions, case law is created by the courts' interpretations as a result of theprinciple of stare decisis; In CIVIL LAW jurisdictions, courts interpret the law, but are, at least intheory, prohibited from creating law, and thus, still in theory, do not issue rulings more general thanthe actual case to be judged; in practice, jurisprudence plays the same role as case law; InSOCIALIST LAW, the primary responsibility for interpreting the law belongs to the legislature.

NOTE: This difference can be seen by comparing India, United States, France and the People'sRepublic of China: In Indian democracy, courts have the final say until the constitution itself isamended although a supreme court judgement in 1970's ruled that Parliament doesn't have theauthority to change the basic structure of Indian constitution. In the United States government, theSupreme Court is the final authority on the interpretation of the federal Constitution and all statutesand regulations created pursuant to it; In France, the final authority on the interpretation of the law isthe Conseil d'tat for administrative cases, and the Court of Cassation for civil and criminal cases;and in the China, the final authority on the interpretation of the law is the National People's Congress.Other countries such as Argentina have mixed systems that include lower courts, appeals courts, acassation court (for criminal law) and a Supreme Court. In this system the Supreme Court is alwaysthe final authority but criminal cases have four stages, one more than civil law.

Philippine Judiciary System a Brief History

Pre-Hispanic and Hispanic periods

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In the years prior to the official establishment of the Supreme Court, institutions exercisingjudicial power were already in existence. Before the Spaniards came, judicial authority in its primitiveform was in the hands of barangay chiefs. During the early years of the Spanish regime, thesepowers were vested upon Miguel Lpez de Legazpi, the first governor-general of the Philippines. Headministered civil and criminal justice under the Royal Order ofAugust 14, 1569.

The present Supreme Court was preceded by the Royal Audiencia, a collegial bodyestablished on May 5, 1583 and composed, of a president, four oidores (justices), and a fiscal,among others. It was the highest tribunal in the Philippines, below only the Consejo de Indias ofSpain. However, this body also exercised administrative functions, not just judicial functions.

The Audiencias functions and structure underwent substantial modifications in 1815 when itspresident was replaced by a chief justice and the number of justices was increased. It then came tobe known as the Audiencia Territorial de Manila with two branches, civil and criminal, later renamedsala de lo civil and sala de lo criminal. The Audiencia was converted to a purely judicial body by aRoyal Decree issued on July 4, 1861, but its decisions were appealable to the Supreme Court of

Spain sitting in Madrid.On February 26, 1886, a territorial Audiencia was organized in Cebu, followed by an Audiencia

for criminal cases inVigan. However, the pre-eminence of the Supreme Court as the sole interpreterof the law was unknown during the Spanish regime

American periodThe Supreme Court of the Philippines was officially established on June 11, 1901 through the

passage of Act No. 136, otherwise known as the Judiciary Law of the Second Philippine Commission.By virtue of that law, judicial power in the Philippine Islands was vested in the Supreme Court, Courtsof First Instance and Justice of the Peace courts. Other courts were subsequently established.

The judicial structure introduced by Act No. 136 was reaffirmed by the US Congress with thepassage of the Philippine Bill of1902. The Administrative Code of1917 ordained the Supreme Courtas the highest tribunal with nine members: a chief justice and eight associate justices.

From 1901 to 1935, although a Filipino was always appointed chief justice, the majority of themembers of the Supreme Court were Americans. Complete Filipinization was achieved only with theestablishment of the Commonwealth of the Philippines in 1935. Claro M. Recto and Jose P. Laurelwere among the first appointees to replace the American justices. With the ratification of the 1935Constitution in a plebiscite held on May 14, 1935, the membership in the Supreme Court increased to11: a chief justice and ten associate justices, who sat en banc or in two divisions of five members

each. An independent Philippines

Under the 1973 Constitution, the membership of the Supreme Court was increased to 15. The justices sat en banc or in divisions. The 1973 Constitution also vested in the Supreme Courtadministrative supervision over all lower courts which heretofore was under the Department ofJustice.

After the overthrow ofPresidentFerdinand Marcos in 1986, President Corazon C. Aquino, usingher emergency powers, promulgated a transitory charter known as the Freedom Constitution whichdid not affect the composition and powers of the Supreme Court. The Freedom Charter was replaced

by the 1987 Constitution which is the fundamental charter in force in the Philippines at present.Section 1 Article VIII of the Constitution vests the judicial power in one Supreme Court and in suchlower courts as may be established by law.

2007 fireOn January 16, 2007 (3:52 p.m. to 4:40 p.m.), the court logo was halved by a 2nd alarm fire at the

new building along Padre Faura, Ermita, Manila. It was caused by an electrical malfunction and shortcircuit. A spark ignited a flame that burned the ceiling, walls and curtains of the 2nd floor session hall.

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Chief JusticeReynato Puno stated that: "I was in a meeting in the en banc conference room when Isaw smoke coming out from the flooring. Immediately we went out of the room and thats when thealarm went off." Midas Marquez of the court information office confirmed: "This is the first time thatthe high court's session hall had caught fire. A few years back, the Department of Justice (DoJ) hadalso caught fire, and was prevented from spreading to the Supreme Court".

A. Powers and Functions of Judicial Branch

The Powers of the Judiciary(Supreme Court)

Exercise original jurisdiction over cases affecting ambassadors, other public ministers andconsuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeascorpus.

Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules ofCourt may provide, final judgments and orders of lower courts in:

(a) All cases in which the constitutionality or validity of any treaty, international or

executive agreement, law, presidential decree, proclamation, order, instruction,ordinance, or regulation is in question.(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penaltyimposed in relation thereto.(c) All cases in which the jurisdiction of any lower court is in issue.(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.(e) All cases in which only an error or question of law is involved.

Assign temporarily judges of lower courts to other stations as public interest may require. Suchtemporary assignment shall not exceed six months without the consent of the judgeconcerned.

Order a change of venue or place of trial to avoid a miscarriage of justice.

Promulgate rules concerning the protection and enforcement of constitutional rights, pleading,practice, and procedure in all courts, the admission to the practice of law, the integrated bar,and legal assistance to the under-privileged. Such rules shall provide a simplified andinexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of thesame grade, and shall not diminish, increase, or modify substantive rights. Rules of procedureof special courts and quasi-judicial bodies shall remain effective unless disapproved by theSupreme Court.

Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.

The Functions of the Judiciary(Supreme Court)

The powers of the Supreme Court are defined in Article VIII of the 1987 Constitution. Thesefunctions may be generally divided into two JUDICIAL FUNCTIONS AND ADMINISTRATIVEFUNCTIONS. And can be defined as follows:

The administrative functions of the Court pertain to the supervision and control over thePhilippine judiciary and its employees, as well as over members of the Philippine bar.Pursuant to these functions, the Court is empowered to order a change of venue of trialin order to avoid a miscarriage of justice and to appoint all officials and employees ofthe judiciary. The Court is further authorized to promulgate the rules for admission to thepractice of law, for legal assistance to the underprivileged, and the procedural rules tobe observed in all courts.

The more prominent role of the Court lies in the exercise of its judicial functions. Section

1 of Article VIII contains definition of judicial power that had not been found in previousconstitutions. The provision states in part that:

Judicial power includes the duty of courts of justice to settle actual controversies involvingrights which are legally demandable and enforceable, and to determine whether or notthere has been a grave abuse of discretion amounting to lack or excess of jurisdiction onthe part of any branch or instrumentality of the government.

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**The definition reaffirms the power of the Supreme Court to engage in judicial review, apower that had traditionally belonged to the Court even before this provision was enacted.Still, this new provision effectively dissuades from the easy resort to the political questiondoctrine as a means of declining to review a law or state action, as was often done by theCourt during the rule ofPresidentFerdinand Marcos As a result, the existence of grave

abuse of discretion on the part of any branch or instrumentality of the government issufficient basis to nullify state action.

Definition of Terms: Certiorari is a writ issued by the Supreme Court and directed to a court or a tribunal ofinferior jurisdiction commanding the latter to certify and return to the former in a particularcase, it has the power to review proceeding of lower courts but also proceedings of inferiorofficers, boards, tribunals and judicial or even quasi-judicial functions. The terms of reviewing acasemuch as the term is applied todayalthough the term was also used in writing toindicate the need or duty to inform other parties of a court's ruling. A corrective remedy to re-examine the action of an inferior court, and is addressed to the proceedings of the court

Writ of Prohibition is an official legal document drafted and issued by a supreme court orsuperior court to a judge presiding over a suit in an inferior court. The writ of prohibitionmandates the inferior court to cease any action over the case because it may not fall withinthat inferior court'sjurisdiction. The document is also issued at times when it is deemed that aninferior court is acting outside the normal rules and procedures in the examination of a case. Inanother instance, the document is issued at times when an inferior court is deemed headedtowards defeating a legal right. A preventive action or remedy issued to restrain future actionsand is directed to the court itself

Writ of Mandamus - is the name of one of the prerogative writs in the common law, and isissued by a superior court to compel a lower court or a government officer to performmandatory or purely ministerial duties correctly. Mandamus is ajudicial remedy which is in the

form of an order from a superior court to any government, subordinate court, corporation orpublic authority to do or forbear from doing some specific act which that body is obliged underlaw to do or refrain from doing, as the case may be, and which is in the nature of public dutyand in certain cases of a statutory duty. It cannot be issued to compel an authority to dosomething against statutory provision. Mandamus can be supplemented by the statement thatit is not only the command to do but also a command not to do a particular thing against therights of the petitioner. Mandamus is supplemented by legal rights. It must be a judiciallyenforceable and legally protected right before one suffering a legal grievance can ask for amandamus. A person can be said to be aggrieved only when he is denied a legal right bysomeone who has a legal duty to do something and abstains from doing it. It is employed tocompel performance of an act and a remedy for an official inaction.

Quo Warranto - is one of the prerogative writs, that requires the person to whom it is directedto show what authority he has for exercising some right or power (or "franchise") he claims tohold. Action by the government against individuals, who hold titles or offices not legally theirsor an offense against the law, and the court asks these persons to show proof of franchise orrequirement of how they acquired the office.

Note: Quo Warranto had its origins in an attempt by King Edward I of England to investigate andrecover royal lands, rights, and franchises in England, in particular those lost during the reign of hisfather, King Henry III of England. From 1278 to 1294, Edward dispatched justices throughout Englandto inquire by what warrant English lords held their lands and exercised their jurisdictions (often theright to hold a court and collect its profits). Initially, the justices demanded written proof in the form ofcharters, but resistance and the unrecorded nature of many grants forced Edward to accept those

rights peacefully exercised since 1189. Later, Quo Warranto functioned as a court order (or "writ") toshow proof of authority; for example, demanding that someone acting as the sheriff prove that theking had actually appointed him to that office (literally, "By whose warrant are you the sheriff?").

Writ of Habeas Corpus literally meaning find the body is the name of a legal action, or writ,through which a person can seek relief from unlawful detention of themselves or anotherperson. The writ of habeas corpus has historically been an important instrument for thesafeguarding of individual freedom against arbitrary state action. Also known as "The Great

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Writ," a writ ofhabeas corpus ad subjiciendum is a summons with the force of a court orderaddressed to the custodian (such as a prison official) demanding that a prisoner be broughtbefore the court, together with proof of authority, so that the court can determine whether thatcustodian has lawful authority to hold that person, or, if not, the person should be releasedfrom custody. The prisoner, or some other person on his behalf (for example, where the

prisoner is being held incommunicado), may petition the court or an individual judge for a writof habeas corpus.NOTE: The right of habeas corpusor rather, the right to petition for the writhas long beencelebrated as the most efficient safeguard of the liberty of the subject. Albert Venn Dicey wrote thatthe Habeas Corpus Acts "declare no principle and define no rights, but they are for practical purposesworth a hundred constitutional articles guaranteeing individual liberty." In most countries, however,the procedure of habeas corpus can be suspended in time of national emergency. In most civil law

jurisdictions, comparable provisions exist, but they may not be called "habeas corpus."

B. Structure and Framework of the Philippine Courts

C. Qualifications of the Judiciary

No person shall be appointed Member of the Supreme Court or any lower collegiate courtunless he is a natural-born citizen of the Philippines.

A Member of the Supreme Court must be at least forty years of age, and must have been for fifteen years or more, a judge of a lower court or engaged in the

practice of law in the Philippines.

IV. BUREACRACY

Bureaucracy is a type of organization designed to accomplish large scale administrationtasks by systematically

ho3 3 branches of the government

Documents