politics term paper.pdf

8/14/2019 politics term paper.pdf

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Elements of state(1) People- This refers to the mass of population living within the state. Without people

there can be no functionaries to govern and no subjects to be governed. There is no

requirement as to the number of people that should compose a state. But it should be

neither too small nor too large: small enough to be well-governed and large enough

to be self-sufficing.

(2) Territory- It includes not only the land over which the jurisdiction of the stateextends, but also the rivers and lakes therein, a certain area of the sea which abuts

upon its coasts and the air space above it. Thus, the domain of the state may be

described as terrestrial, fluvial, maritime, and aerial. The Philippines has a total land

area of about 115,707 square miles or 299,681 square kilometres.

(3) Government- It refers to the agency which the will of the state is formulated,expressed and carried out. The word is sometimes used to refer to the person or

aggregate of those persons in whose hands are placed for the time being the function

of political control. This body of men is usually spoken of as administration. The

ordinary citizens of a country are a part of the state, but are not part of the

government.

(4) Sovereignty- The term may be defined as the supreme power of the state tocommand and enforce obedience to its will from people within its jurisdiction and

corollarily, to have freedom from foreign control. It has therefore, two

manifestations:


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a. Internal or the power of the state to rule within its territory ;b. External or the freedom of the state to carry out its activities without

subjection to or control by other states. External sovereignty is often referred

to as independence.

Organizational Chart

Three Branches of the Philippine Government


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Executive Branch of GovernmentThe President

The Vice President

The Cabinet

Local Government

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Article VII, Section 1, of the 1987 Constitution vests executive power to

the President of the Philippines, who functions as the Head of State,

Head of Government, and Commander-in-Chief of the Armed Forces of

the Philippines. As Chief Executive, the President of the Philippines

exercises control over all the executive departments, bureaus, and

offices.

President of the Philippines

The President of the Philippines is elected by direct vote by the people for a term of six years. Hemay only serve for one term and is ineligible for re-election. The term of the President of the

Philippines starts at noon of the 30th day of June after an election is held.

QualificationsThe qualifications for an individual to aspire for the Presidency of the Philippines are outlined

inArticle VII, Section 2 of the Constitution.According to the Constitution, an individual may

become President provided he meets the following criteria:

1. Natural born Filipino

2. A registered voter

3. Must be able to read and write

4. 40 years of age at the day of the election

5. Must have resided in the Philippines ten years before the election is held.
http://www.gov.ph/about/gov/exec/#presidenthttp://www.gov.ph/about/gov/exec/#presidenthttp://www.gov.ph/about/gov/exec/#vphttp://www.gov.ph/about/gov/exec/#cabinethttp://www.gov.ph/about/gov/exec/#lguhttp://www.gov.ph/the-philippine-constitutions/the-1987-constitution-of-the-republic-of-the-philippines/the-1987-constitution-of-the-republic-of-the-philippines-article-vii/http://www.gov.ph/the-philippine-constitutions/the-1987-constitution-of-the-republic-of-the-philippines/the-1987-constitution-of-the-republic-of-the-philippines-article-vii/http://www.gov.ph/the-philippine-constitutions/the-1987-constitution-of-the-republic-of-the-philippines/the-1987-constitution-of-the-republic-of-the-philippines-article-vii/http://www.gov.ph/about/gov/exec/#lguhttp://www.gov.ph/about/gov/exec/#cabinethttp://www.gov.ph/about/gov/exec/#vphttp://www.gov.ph/about/gov/exec/#president


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Powers of the PresidentBesides the Constitution, the powers of the President of the Philippines are specifically outlined

inExecutive Order no. 292 s. 1987,otherwise known as the Administrative Code of 1987. The

following powers are:

1. Power of control over the Executive Branch

The President of the Philippines has the mandate of control over all the executive departments,

bureaus, and offices. This includes restructuring, reconfiguring, and appointments of their

respective officials. The Administrative Code also provides for the President to be responsible for

the above mentioned offices strict implementation of laws.

2. Power Ordinance Power

The President of the Philippines has the power give executive issuances. Executive Issuance are

means to streamline the policy and programs of an administration. There are six issuances that the

President may issue. They are the following as defined in the Administrative Code of 1987:

Executive OrdersActs of the President providing for rules of a general or permanent

character in implementation or execution of constitutional or statutory powers shall be

promulgated in executive orders.

Administrative Orders. Acts of the President which relate to particular aspects of

governmental operations in pursuance of his duties as administrative head shall be

promulgated in administrative orders.

Proclamations.Acts of the President fixing a date or declaring a status or condition of

public moment or interest, upon the existence of which the operation of a specific law or

regulation is made to depend, shall be promulgated in proclamations which shall have theforce of an executive order.

Memorandum Orders.Acts of the President on matters of administrative detail or of

subordinate or temporary interest which only concern a particular officer or office of the

Government shall be embodied in memorandum orders.

Memorandum Circulars. Acts of the President on matters relating to internal

administration, which the President desires to bring to the attention of all or some of the

departments, agencies, bureaus or offices of the Government, for information or

compliance, shall be embodied in memorandum circulars.

General or Special Orders.Acts and commands of the President in his capacity as

Commander-in-Chief of the Armed Forces of the Philippines shall be issued as general or

special orders.

It is important to note that during the term of President Ferdinand E. Marcos, he used Executive

Issuances known asPresidential Decreesas a form of legislation. These Presidential Decrees

have the full force and effect of laws because at the time the legislature did not exist and, when
http://www.gov.ph/1987/07/25/executive-order-no-292/http://www.gov.ph/1987/07/25/executive-order-no-292/http://www.gov.ph/1987/07/25/executive-order-no-292/http://www.gov.ph/section/executive-issuances/administrative-orders/http://www.gov.ph/section/executive-issuances/administrative-orders/http://www.gov.ph/section/executive-issuances/proclamations/http://www.gov.ph/section/executive-issuances/proclamations/http://www.gov.ph/?cat=23http://www.gov.ph/section/executive-issuances/memorandum-circulars/http://www.gov.ph/section/executive-issuances/memorandum-circulars/http://www.gov.ph/section/executive-issuances/general-orders/http://www.gov.ph/section/executive-issuances/general-orders/http://www.gov.ph/section/executive-issuances/presidential-decrees-executive-issuances/http://www.gov.ph/section/executive-issuances/presidential-decrees-executive-issuances/http://www.gov.ph/section/executive-issuances/presidential-decrees-executive-issuances/http://www.gov.ph/section/executive-issuances/presidential-decrees-executive-issuances/http://www.gov.ph/section/executive-issuances/general-orders/http://www.gov.ph/section/executive-issuances/memorandum-circulars/http://www.gov.ph/?cat=23http://www.gov.ph/section/executive-issuances/proclamations/http://www.gov.ph/section/executive-issuances/administrative-orders/http://www.gov.ph/1987/07/25/executive-order-no-292/


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the 1973 Constitution was put into full force and effect, it gave the power to the President to as

such. This continued until the first year of President Corazon C. Aquinos term. However,

President C. Aquino opted to used Executive Orders instead of Presidential Decrees. These

Executive Orders of President C. Aquino, however, still had the full force and effect of laws until

the ratification of the 1987 Constitution.

3. Power over Aliens

The President of the Philippines has the power over non-Filipinos in the Philippines. The powers

he may exercise over foreigners in the country are as follows:

The Chief Executive may have an alien in the Philippines deported from the country after due

process.

The President may change the status of a foreigner, as prescribed by law, from a non-immigrant

status to a permanent resident status without necessity of visa.

The President may choose to overrule the Board of Commissioners of the Bureau of Immigrationbefore their decision becomes final and executory (after 30 days of the issuance of the decision).

The Board of Commissioners of the Bureau of Immigration jurisdiction over all deportation

cases.

The President is also mandated by the Administrative Code of 1987 to exercise powers as

recognized by the generally accepted principles of international law.

4. Powers of Eminent Domain, Escheat, Land Reservation and Recovery of Ill-gotten

Wealth

The President of the Philippines has the authority to exercise the power of eminent domain. The

power of eminent domains means the state has the power to seize or authorize the seizure of

private property for public use with just compensation. There are two constitutional provisions,

however, that limit the exercise of such power. Article III, Section 9 (1) of the Constitution

provides that no person shall be deprived of his/her life, liberty, or property without due process

of law. Furthermore, Article III, Section 9 (2), provides that private property shall not be taken for

public use without just compensation.

Once the aforementioned conditions are met, the President may exercise the power of eminent

domain which are as follows:

Power of Eminent Domain. The President shall determine when it is necessary or

advantageous to exercise the power of eminent domain in behalf of the National Government, and

direct the Solicitor General, whenever he deems the action advisable, to institute expropriation

proceedings in the proper court.

Power to Direct Escheat or Reversion Proceedings.The President shall direct the Solicitor

General to institute escheat or reversion proceedings over all lands transferred or assigned to

persons disqualified under the Constitution to acquire land.


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Power to Reserve Lands of the Public and Private Domain of the Government.

(1) The President shall have the power to reserve for settlement or public use, and for specific

public purposes, any of the lands of the public domain, the use of which is not otherwise directed

by law. The reserved land shall thereafter remain subject to the specific public purpose indicated

until otherwise provided by law or proclamation.

(2) He shall also have the power to reserve from sale or other disposition and for specific public

uses or purposes, any land belonging to the private domain of the Government, or any of the Friar

lands, the use of which is not otherwise directed by law, and thereafter such land shall be used for

the purposes specified by such proclamation until otherwise provided by law.

Power over Ill-gotten Wealth. The President shall direct the Solicitor General to institute

proceedings to recover properties unlawfully acquired by public officials or employees, from

them or from their nominees or transferees.

Within the period fixed in, or any extension thereof authorized by, the Constitution, the President

shall have the authority to recover ill-gotten properties amassed by the leaders and supporters ofthe previous regime and protect the interest of the people through orders of sequestration or

freezing of assets or accounts.

5. Power of Appointment

The President may appoint officials of the Philippine Government as provided by the Constitution

and laws of the Philippines. Some of these appointments, however, may need the approval of the

Committee on Appointments. (A committee composed of members from the House of

Representatives and the Senate of the Philippines)

6. Power of General Supervision Over Local Governments

The President of the Philippines, as Chief Executive, has the mandate to supervise local

governments in the Philippines, despite their autonomous status as provided by RA 7160

otherwise known as theLocal Government Code of 1991.

Traditionally, this is done by the Department of the Interior and Local Government, headed by a

Cabinet Secretary; an alterego of the President.

7. Other Powers

Aside from the aforementioned powers of the President of the Philippines, he can also exercise

powers enumerated in the Constitution and powers given to him by law.

Line of SuccessionThe Constitution provides for a line of succession in the event that the elected President of thePhilippines is not able to discharge the duties of his office due to death, disability, or resignation.The following is the line of succession:
http://www.gov.ph/1991/10/10/republic-act-no-7160-s-1991/http://www.gov.ph/1991/10/10/republic-act-no-7160-s-1991/http://www.gov.ph/1991/10/10/republic-act-no-7160-s-1991/


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1. Vice President in cases of the death, disability, or resignation of the President

2. Senate President in cases of the death, disability, or resignation of the President and Vice

President

3. Speaker of the House of Representativesin cases of the death, disability, or resignation of thePresident, Vice President, and Senate President

The Congress of the Philippines is mandated enact a law calling for a special election three daysafter the vacancy in the Office of the President and Vice President. The special election shouldoccur 40 days after the enactment of the law but not later than 60 days after the enactment of thelaw.

Vice President of the PhilippinesThe Vice President of the Philippines is elected by direct vote by the people for a term of sixyears and may run for reelection once. The term of the Vice President of the Philippines starts at

noon of the 30th day of June after an election is held.

QualificationsThe qualifications for aspirants to the Office of the Vice President is outlined in Article VII,

Section 3. According to the Constitution, the qualifications for the President is the same for theVice President.

Duties of the Vice PresidentAccording to the Constitution, the Vice President may concurrently assume a cabinet position

should the President of the Philippines offer him one. The Vice President will become a Secretaryconcurrent to his position of Vice President.

Aside from the Cabinet post, the Vice President is mandated to assume the Presidency in case of

the death, disability, or resignation of the incumbent President.

Line of SuccessionShould there be a vacancy of the Office of the Vice President, the President of the Philippines isrequired by the Constitution to nominate a replacement with the concurrence of Committee onAppointments.


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Cabinet Secretaries

Functions of a Cabinet SecretaryCabinet Secretaries act as the alter ego of the President executing, with his authority, the power of

the Office of the President in their respective departments.

The number of Cabinet Secretaries varies from time to time depending on the need of an

Administration. According to the Administrative Code of 1987, the President of the Philippinesmay create or dissolve any department as he sees fit.

Appointment of Cabinet SecretariesAccording to the Article 7, Section 16, the President may appoint anyone to executivedepartments with the consent of the Commission on Appointments. Names of individuals

nominated to cabinet posts are submitted to the Commission on Appointments for theirconsideration.

An individual may not assume his post in a given department unless confirmed by theCommission on Appointments. However, the Constitution provides for individual becomingCabinet Secretaries in an Acting Capacity before they are confirmed. According to Article VII,

Section 16 of the Constitution, the President may appoint anyone to cabinet posts even ifCongress is in recess. These appointments are valid until the Commission on Appointments

disapproves them or at the end of the next session of Congress.

Powers of a Cabinet SecretaryAs stated above, a Cabinet Secretary is the alter ego of the President in their respectiveDepartments. Thus, they posses the power to issue directives relative to their departments, such asdepartment orders. These orders only apply to offices under a specific department under theCabinet Secretarys jurisdiction. Cabinet Secretaries also act as advisors to the President of thePhilippines for their areas.

Local GovernmentsThe Executive Branch extends beyond the National Government. According to Article 10,Section 4 of the Constitution the President of the Philippines is mandated to supervise localgovernment all over the country. However, because of Republic Act No. 7160, otherwise knownas the Local Government Code of 1991, local governments enjoy relative autonomy from the

National Government.

Each Local Government has its own Chief Executive. The following is the list of local ChiefExecutives:

1. Provinces = Governors


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2. Cities = Mayor

3. Municipalities = Mayor

4. Barangay = Barangay Captains

The local Chief Executives have the power to approve or veto local ordinances recommended by

the local legislators.

Term LimitsThe Offices of the above mentioned local Chief Executives are limited to three consecutive three-year terms. Once they end their third term, they may not run for reelection but may run againonce they let one term pass.

The Legislative Branch

According to the 1987 Constitution, legislative power shall be

vested in the Congress of the Philippines, which shall consist of

a Senateand a House of Representatives.

The Senate shall be composed of twenty-four Senators who

shall be elected at large by the qualified voters of the

Philippines, as may be provided by law; the House of

Representatives shall be composed of not more than 250 (unless

otherwise fixed by law), 20 percent of whom must be Party-list

representatives.

The upper house is located inPasay, while the lower house is

located inQuezon City. The district and sectoral

representatives are elected for a term of three years. They can

be re-elected but they may not run for a fourth consecutive term. The senators are elected to a

term of six years. They can be re-elected but may not run for a third consecutive term. The House

of Representatives may opt to pass for a vacancy of a legislative seat, which leads to a special

election. The winner of the special election will serve the unfinished term of the previous district

representative, and will be considered as one elective term. The same rule also applies in the

Senate; however it only applies if the seat was vacated before a regular legislative election.
http://en.wikipedia.org/wiki/Pasayhttp://en.wikipedia.org/wiki/Pasayhttp://en.wikipedia.org/wiki/Pasayhttp://en.wikipedia.org/wiki/Quezon_Cityhttp://en.wikipedia.org/wiki/Quezon_Cityhttp://en.wikipedia.org/wiki/Quezon_Cityhttp://en.wikipedia.org/wiki/Quezon_Cityhttp://en.wikipedia.org/wiki/Pasay


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Legislative ProcessCongress is responsible for making enabling laws to make sure the spirit of the Constitution is

upheld in the country and, at times, amend or change the constitution itself. In order to craft laws,the legislative body comes out with two main documents: Bills and Resolutions.

Resolutions convey principles and sentiments of the Senate or the House of Representatives.These resolutions can further be divided into three different elements: Joint Resolutions, SimpleResolutions, Concurrent Resolutions.

Bills are laws in the making. They pass into law when they are approved by both houses and thePresident of the Philippines. A bill may be vetoed by the President, but the House of

Representatives may overturn a Presidential veto by garnering a 2/3rds vote. If the President doesnot act on a proposed law submitted by Congress, it will lapse into law after 30 days of receipt.

Below is a chart mapping the process by which a law is made:


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The Judicial

Department

Judicial power rests with

the Supreme Court and the

lower courts, as established by

law (Art. VIII, sec. 1 of the

1987 Constitution). Its duty is to

settle actual controversies

involving rights which are

legally demandable and

enforceable (Art. VIII Sec. 1

(2)).

The judiciary enjoys fiscal

autonomy. Its appropriation

may not be reduced by the

Legislature.

Rules and ProceduresThe Rules of Court of the Philippines, as amended and the rules and regulations issued by the

Supreme Court, define the rules and procedures of the Judiciary. These rules and regulations are

in the form of Administrative Matters, Administrative Orders, Circulars, Memorandum Circulars,

Memorandum Orders and OCA Circulars. To inform the members of the Judiciary, legal

profession and the public of these rules and regulations, the Supreme Court disseminates these

rules and regulations to all courts, publishes important ones in newspapers of general circulation,

prints them in book or pamphlet form and now uploads them to the Supreme Court website and

the Supreme Court E-Library website.

On June 21, 1988, The Supreme Court promulgated the Code of Professional Responsibility forthe legal profession. The draft was prepared by the Committee on Responsibility, Discipline and

Disbarment of the Integrated Bar of the Philippines.


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Appointments to the JudiciaryUnder the present Constitution, appointments to the judiciary are made by the President of the

Philippines on the basis of a list submitted by the Judicial and Bar Council (by virtue of Art. VIII,

Sec. 8). The JBC is under the supervision of the Supreme Court. Its principal function is to

screen prospective appointees to any judicial post. The Judicial and Bar Council promulgated its

Rules (JBC-009) on October 31, 2000. It is composed of the Chief Justice as ex-officio Chairman,

the Secretary of Justice and representatives of Congress as ex-officio members, a representative

of the Integrated Bar, a professor of law, a retired member of the Supreme Court and a

representative of the private sector as members.

Philippine Judicial AcademyThe Philippine Judicial Academy (PHILJA) is the training school for justices, judge, court

personnel, lawyers and aspirants to judicial posts. It was originally created by the Supreme

Court on March 16, 1996 by virtue of Administrative Order No. 35-96 and was institutionalized

on February 26, 1998 by virtue of Republic 8557. It is an important component of the SupremeCourt for its important mission on judicial education. No appointee to the Bench may commence

the discharge his adjudicative function without completing the prescribed court training in the

Academy. Its organizational structure and administrative setup are provided for by the Supreme

Court in its En Banc resolution (Revised A.M. No. 01-1-04-sc-PHILJA).

Philippine Mediation CenterThe Philippine Mediation Center was organized pursuant to Supreme Court en banc Resolution

A.M. No. 01-10-5-SC-PHILJA, dated October 16, 2001, and in line with the objectives of the

Action Program for Judicial Reforms (APJR) to decongest court dockets, among others, the Court

prescribed guidelines in institutionalizing and implementing the mediation program in thePhilippines. The same resolution designated the Philippine Judicial Academy as the component

unit of the Supreme Court for Court-Annexed Mediation and other Alternative Dispute

Resolution (ADR) Mechanisms, and established the Philippine Mediation Center (PMC).

Mandatory Continuing Legal Education Office was organized to implement the rules on

Mandatory Continuing Legal Education for members of the Integrated Bar of the Philippines

(B.M. No. 850 Mandatory Continuing Legal Education (MCLE)). It holds office in the

Integrated Bar of the Philippines main office.

Katarungang PambarangayPresidential Decree No. 1508, or the Katarungang Pambarangay Law, took effect on December

11, 1978, and established a system of amicably settling disputes at the barangay level. This

decree and the Local Government Code provided Rules and procedures, Title I, Chapter 7, sec.

339-422). This system of amicable settlement of dispute aims to promote the speedy

administration of justice by easing the congestion of court dockets. The Court does not take

cognizance of cases filed if they are not filed first with the Katarungang Pambarangay.


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Alternative Dispute Resolution (ADR) SystemRepublic Act No. 9285 institutionalized the use of an alternative dispute resolution system, which

serves to promote the speedy and impartial administration of justice and unclog the court dockets.

This act shall be without prejudice to the adoption of the Supreme Court of any ADR system

such as mediation, conciliation, arbitration or any combination thereof.

The Supreme Court

Under the 1987 ConstitutionPursuant to the provisions of the 1987 Constitution, the Supreme Court is composed of a Chief

Justice and 14 Associate Justices who serve until the age of 70. The Court may sit en banc or in

one of its three divisions composed of five members each. The Chief Justice and Associate

Justices are appointed by the President of the Philippines, chosen from a shortlist submitted bytheJudicial and Bar Council.The President must fill up a vacancy within 90 days of occurrence.

Article VIII, sec. 4 (2) of the Constitution explicitly provides for the cases that must be heard en

banc and sec. 4 (3) for cases that may be heard by divisions (Constitution, Art. VIII, sec. 4, par.1).

The Judiciary Reorganization Act of 1980 transferred the administrative supervision of all courts

and their personnel from the Department of Justice to the Supreme Court. This was affirmed by

Art. VIII, sec. 6 of the 1987 Constitution. To effectively discharge this constitutional mandate,

The Office of the Court Administrator (OCA) was created under Presidential Decree No. 828, as

mended by Presidential Decree No. 842 (and its functions further strengthened by a Resolution

of the Supreme Court En Bans dated October 24, 1996). Its principal function is the supervision

and administration of the lower courts throughout the Philippines and all their personnel. It

reports and recommends to the Supreme Court all actions that affect the lower court management.

The OCA is headed by the Court Administrator, three Deputy Court Administrators, and three

Assistant Court Administrators.

According to the 1987 Constitution, Art. VIII, sec. 5, The Supreme

Court exercises the following powers:

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

habeas corpus.

2. Review, revise, reverse, modify, or affirm, on appeal or certiorari, as the law or the Rulesof Court may provide, final judgments and orders of the lower courts in:
http://www.gov.ph/briefer-jbc/http://www.gov.ph/briefer-jbc/http://www.gov.ph/briefer-jbc/http://www.gov.ph/briefer-jbc/


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All cases in which the constitutionality or validity of any treaty, international orexecutive agreement, law, presidential decree, proclamation, order, instruction,

ordinance, or regulation is in question;

All cases involving the legality of any tax, impost, assessment, or toll, or any penaltyimposed in relation thereto;

All cases in which the jurisdiction of any lower court is in issue; All criminal cases in which the penalty imposed is reclusion perpetua or higher; All cases in which only an error or question of law is involved;

3. Assign temporarily judges of lower courts to other stations as public interest may require.Such temporary assignments shall not exceed six months without the consent of the judge

concerned.

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

5.

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 underprivileged. Such rules shall provide a

simplified and inexpensive procedure for the speedy disposition of cases, shall be

uniform for all courts the same grade, and shall not diminish, increase or modify

substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall

remain effective unless disapproved by the Supreme Court.

6. Appoint all officials and employees of the Judiciary in accordance with the Civil ServiceLaw (Sec. 5 , id.).

The Supreme Court has adopted and promulgated the Rules of Court for the protection and

enforcement of constitutional rights, pleadings and practice and procedure in all courts, and the

admission in the practice of law. Amendments are promulgated through the Committee on

Revision of Rules. The Court also issues administrative rules and regulations in the form of court

issuances posted on the Supreme Court E-Library website.

References

http://www.gov.ph/about/gov/exec/

http://www.gov.ph/about/gov/the-legislative-branch/

http://www.gov.ph/about/gov/judiciary/

http://vhinzsdc.wordpress.com/about-politics-of-the-philippines/

Textbook on the Philippine Constitution by Hector S. De Leon (2005)
http://www.gov.ph/about/gov/exec/http://www.gov.ph/about/gov/the-legislative-branch/http://www.gov.ph/about/gov/judiciary/http://vhinzsdc.wordpress.com/about-politics-of-the-philippines/http://vhinzsdc.wordpress.com/about-politics-of-the-philippines/http://www.gov.ph/about/gov/judiciary/http://www.gov.ph/about/gov/the-legislative-branch/http://www.gov.ph/about/gov/exec/

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