Three Branches Of The Government( Legal Research Cont,).docx

Edralyn Joy W. Angnen LLB-1A

Philippine Government The Philippine government takes place in an organized framework of a presidential, representative, and democratic republic whereby the president is both the head of state and the head of government. One basic corollary in a presidential system of government is the principle of separation of powers wherein legislation belongs to Congress, execution to the Executive, and settlement of legal controversies to the Judiciary. Three branches of the government 

The Legislative branch is authorized to make laws, alter, and repeal them through the power vested in the Philippine Congress. This institution is divided into the Senate and the House of Representatives.

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The Executive branch carries out laws. It is composed of the President and the Vice President who are elected by direct popular vote and serve a term of six years. The Constitution grants the President authority to appoint his Cabinet. These departments form a large portion of the country’s bureaucracy.

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The Judicial branch evaluates laws. It holds the power to settle controversies involving rights that are legally demandable and enforceable. This branch determines whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part and instrumentality of the government. It is made up of a Supreme Court and lower courts.

Each branch of government can change acts of the other branches as follows: 

The President can veto laws passed by Congress.

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Congress confirms or rejects the President's appointments and can remove the President from office in exceptional circumstances.

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The Justices of the Supreme Court, who can overturn unconstitutional laws, are appointed by the President and confirmed by the Senate.

The Philippine government seeks to act in the best interests of its citizens through this system of checks and balances. The Constitution expressly grants the Supreme Court the power of Judicial Review as the power to declare a treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance or regulation unconstitutional.

Legislative Department The legislative power is vested in a bicameral body, the Congress of the Philippines, which is composed of two houses -- the Senate and the House Representatives. The Congress of the Philippines is the country's highest lawmaking body. The Senate, headed by the Senate president and often referred to as the "Upper House", is composed of 24 senators elected at-large (nationwide) by qualified voters for a period of six years. A senator cannot serve for more than two consecutive terms; but he may run for reelection after a break or interval. The senators term of office begins on December 30th following their election. The qualifications for becoming a senator are as follows: 1. 2. 3. 4. 5.

a natural-born citizen of the Philippines; a least 35 years of age; able to read and write; a registered voter; and a resident of the Philippines for at least two years prior to his election.

The House of Representatives, on the other hand, shall be composed of not more than 250 members, with the Speaker as its chief officer. These seats are apportioned among the provinces, cities, and Metro Manila, according to population. Thus, heavily populated provinces are given as many as six or seven representatives or congressmen. However, the Philippine Constitution provides that each province -- no matter how sparsely provinces of the Philippines are represented in the Lower House of Congress. The congressmen are elected for a term of three years, but they cannot serve for more than three consecutive terms. To become a representative, a person must be: 1. 2. 3. 4. 5.

a natural-born citizen of the Philippines; at least 25 years old; able to read and write; a registered voter, and a resident of the province where he is running for at least one year immediately prior to the election.

The lawmaking function of Congress is very important. It passes laws that regulate the conduct of and relations between the private citizens and the government. It defines and punishes crimes against the state and against persons and their property. It determines the taxes people should pay for the maintenance of the government. It appropriates the money to be spent for public purposes. It can reorganize, create, or abolish offices under the civil service. And it can create and abolish courts, except the Supreme Court. Finally, it is only Congress which was given by the Philippine Constitution the sole power to declare war and to authorize the President - in case of national emergency or war - to issue executive orders embodying rules and regulations intended to carry out the national policy. The congress convenes in a regular session once a year, starting on the fourth Monday of July. This session may not exceed the prescribed 100 days, exclusive of Sundays. Special sessions may be called by the President to consider general legislations or any subjects which he may want to designate. However, these sessions may not exceed 30 days.

Executive Department The executive branch carries out and enforces laws. It includes the President, Vice President, the Cabinet, executive departments, independent agencies, and other boards, commissions, and committees. Key roles of the executive branch include: 

President – The President leads the country. He/she is the head of state, leader of the national government, and Commander in Chief of all armed forces of the Philippines. The President serves a six-year term and cannot be re-elected. The President: 1) controls all executive departments, bureaus, and offices of the government; 2) exercises general supervision over local governments; and 3) sees to it that all laws are faithfully executed. As the Commander-in-chief of all the Armed Forces of the Philippines, he can call out any unit of these services as may be needed to quell, prevent, or suppress any lawless violence, invasion, insurrection, or rebellion. When public safety so requires, he may suspend the writ of habeas corpus and place any part of the country under martial law. With the consent of the Commission on Appointment of Congress, the President also appoints all heads of departments, bureaus, and offices. The heads of the departments constitute his "official family" or his Cabinet. They help him administer the various functions of the government. In addition, the President can grant pardons, reprieves, and commutations of sentence of all offenses, except in cases of impeachment. And with the concurrence of Congress, he may also grant amnesty. Finally, he can conclude treaties with foreign countries, subject to the ratification by the Senate; appoint ambassadors, ministers, and consuls, with the consent of the Commission on Appointments; and receive ambassadors and ministers of foreign countries accredited to the government of the Philippines.

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Vice President – The Vice President supports the President. If the President is unable to serve, the Vice President becomes President. He/she serves a six-year term.

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The Cabinet – Cabinet members serve as advisors to the President. They include the Vice President and the heads of executive departments. Cabinet members are nominated by the President and must be confirmed by the Commission of Appointments. The Cabinet is a body of advisers, composed of the heads of the executive departments appointed by the President with the consent of the Commission on Appointments. It ranks first among the advisers of the President. Among the responsibilities of the Cabinet are the following: 1) to supervise the work to be done in each particular department; 2) to advise the President on all phases of his administration; and 3) to draft proposed legislation to be submitted to Congress.

Judicial Department In a democracy, the judiciary is the final bulwark of liberty. It protects the poor and the weak against oppression by the wealthy and the influential. It protects the right to life, property, and the pursuit of happiness against the tyranny of violence, or abusive power, or unscrupulous ambitions. The judicial power is vested in the Supreme Court, as well as in lower courts as my he established by law. The inferior courts include: The Court of Appeals, the Court of Tax Appeals; the Regional Trial Courts the Metropolitan Trial Courts; and the Sandigan bayan, and the Office of the Ombudsman. Judicial power includes the authority of the courts to hear and settle disputes. Such disputes may involve conflicts between or among private persons. They may also be between private citizens and the government or between one agency of the government and other. The Supreme Court is the highest tribunal in the Philippines. It consists of the Chief Justice and 14 Associate Justices, appointed by the following are the qualifications to become a member of the Supreme Court: 1. Natural-born citizen of the Philippines; 2. at least 40 years of age; 3. a judge in a court of record for at least 15 years or engaged in the practice of law in the Philippines for the same period; and 4. a person of proven competence, integrity, probity and independence. They hold office during good behavior until they reach the age of 70 years or become incapacitated to discharge the duties of their office. They can be removed only by impeachment. Grounds for impeachment include conviction of culpable violation of the Philippine Constitution, treason, bribery, other high crimes, or graft and corruption. The Supreme Court has the following powers: 1. Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus. 2. Review, revise, reverse, modify, or affirm an appeal for certiorari, final judgements, and decrees of inferior courts. 3. Assign temporarily judges of inferior courts to other stations as public interest many require; 4. Order a change of venue or place of trial to avoid a miscarriage of justice. 5. Promulgate rules concerning pleading, practice, and procedure in all courts, the admission to practice of law, and the integrating of the Bar. 6. Exercise administrative supervision over all the courts of justice and their personnel. 7. Discipline judges of inferior courts and, by a vote of at least eight justices, order their dismissal. 8. Appoint all officials and employees of the Judiciary, in accordance with the Civil Service Law.

Constitutional Commission: Aside from the three branches of government, Article IX of the 1987 Constitution established three independent, fiscally-autonomous commissions: The Civil Service Commission (CSC), the Commission on Elections (COMELEC), and the Commission on Audit (COA). In addition, Article XIII of the constitution and the Administrative Code of 1987 created the Commission on Human Rights (CHR).

Civil Service Commission The constitution entrusts the administration of the civil service, inclusive of all the branches, subdivisions, instrumentalities and agencies of the government, and government-owned or controlled corporations, to the Civil Service Commission (CSC). The CSC acts as the central personnel agency of the government. It is mandated to adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness and courtesy in the bureaucracy. It is also tasked to strengthen the merit and rewards system within government agencies, integrate human resources development programs for all levels and ranks, and institutionalize a climate conducive to transparency and accountability. The Career Service Eligibility examinations for prospective government officers and employees are being administered by the CSC. The CSC shall be led by a chairman and two commissioners, who shall be appointed by the President—with approval from the Commission on Appointments—for single seven-year terms. The abovementioned must possess the following qualifications: 1. 2. 3. 4.

a natural-born citizen of the Philippines; at least thirty-five years of age; proven capacity for public administration; and must not have been candidates for any elective position preceding their appointment.

Commission on Election: The Commission on Elections (COMELEC) is the primary government agency responsible for the conduct of regular and special elections in the country. Similar to other constitutional commissions, the COMELEC is an independent and fiscally-autonomous body free from political interference or influence from the three branches of government, which makes possible the conduct of free, fair, and honest elections. According to the constitution, the COMELEC shall exercise and perform the following powers and functions: 

Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall.

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Exercise exclusive original jurisdiction over contests relating to the elections, returns and qualifications of elective regional, provincial and city officials, and appellate jurisdiction over contests involving elective municipal officials or barangay officials decided by trial courts. Decide all questions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters. Deputize law enforcement agencies and instrumentalities of the government, including the Armed Forces of the Philippines (AFP), to ensure peaceful, orderly and credible elections. Register political parties, organizations or coalitions, and accredit citizens’ arms or watchdogs. File petitions in court for inclusion or exclusion of voters, and investigate and prosecute cases of violations of election laws, including election frauds, offenses, and malpractices. Recommend to Congress measures to minimize election spending, limit places for propaganda materials, and prevent and penalize all forms of election frauds, offenses and nuisance candidates. Submit to the President and Congress a comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall.

Commission on Audit Envisioned as an anti-graft and corruption body, the Commission on Audit (COA) was established to audit, examine, and settle all accounts pertaining to the revenue, funds, expenditures and property owned or held in trust by government agencies, including other constitutional commissions, government-owned or -controlled corporations, autonomous state colleges and universities, and non-governmental entities receiving subsidy or equity from or through the government. The COA’s other powers and functions, as provided for in the constitution, include: 

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Promulgate accounting and auditing rules and regulations, including those for the prevention and disallowance of irregular, unnecessary, excessive, extravagant or unconscionable expenditures, or uses of government funds and properties. Submit annual reports to the President and Congress on the financial condition and operation of the government. Recommend measures to improve the efficiency and effectiveness of government operations. Keep the general accounts of government, and preserve the vouchers and supporting papers pertaining thereto. Decide any case brought before it within 60 days.

Commission on Human Rights: Apart from the three bodies created in Article IX of the constitution, Sections 17 and 18 of Article XIII and the Administrative Code of 1987 established an independent Commission on Human Rights (CHR). The CHR has the following powers and function:

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Investigate all forms of human rights violations involving civil and political rights. Provide appropriate legal measures for the protection of human rights of all persons within the Philippines, as well as Filipinos residing abroad. Provide for preventive measures and legal aid services to the underprivileged whose human rights have been violated or need protection. Exercise visitorial powers over jails, prisons, or detention facilities. Establish a program of research, education, and information to enhance respect for the primacy of human rights. Recommend to Congress effective measures to promote human rights, and to provide for compensation to victims of violations of human rights, or their families. Monitor the government’s compliance with international treaty obligations on human rights. Grant immunity from prosecution to any person whose testimony or possession of evidence is necessary or convenient to determine the truth in any matter it investigates; Local Government:

The Constitution of the Philippines recognizes the importance of local governments. It provides as a policy that "the State shall guarantee and promote the autonomy of the local government units -- especially the barangays -- to ensure their fullest development as self-reliant communities." Local governments constitute the foundation of the entire structure of the government. The acts of the local government units affect the ordinary citizen more directly than those of the national government. The average citizen has more and closer contacts with the local governments and their agencies than with the national or provincial government, and is more concerned with the local affairs than with those of the national or provincial in scope. The President of the Philippines exercises supervision over the whole country. But for purposes of administrative control, the Philippines is divided into units of different sizes -- known as political subdivisions. These are provinces, municipalities, cities, and barangays. These political subdivisions enjoy autonomy, especially in local affairs. But, they are also under the general supervision of the Chief Executive, through the Secretary of the Department of Interior and Local Government (DILG). These local governments are agencies of the national government in the matter of collection of taxes, law enforcement, and other governmental functions, which may be delegated by the national government to these local governments. PROVINCES The provincial government takes care of the function so which affect the people of a certain province. The province is the largest political unit in the Philippines. It possesses the following powers --- 1) to acquire and transfer real and personal properties, 2) to enter into contracts, including those incurring obligations, which are expressly provided by law; and 3) to exercise such other rights and incur such other obligations as are expressly authorized by law. There are 77 provinces in the Philippines. They are classified according to their average income for five consecutive years. The higher the income of the province, the higher is its classification. The salaries that can be paid to the provincial officials depend upon the class to which it belongs. Higher salaries are paid to the officials of the higher-class provinces. A province elects its executives -- the governor, vice governor, and the members of the provincial board. There

are three vocals in the first, second, and third class provinces, and two in the other classes of provinces. The rest of the provincial officials -- like the provincial treasurer, provincial assessor, district auditor, judges of the Regional Trial courts, provincial fiscal, division superintendent of schools, district health officer, district engineer, and register of deeds -- are all appointed by the corresponding departments of the national government. However, under the New Local Government Code, they are the administrative control of the provincial governor. The election of the governor, vice governor, and members of the provincial board takes place on the Second Tuesday of November of the election year. They hold office for three years. They cannot serve for more than three consecutive terms. The provincial governor exercises general supervisory powers over the entire province. He also makes known to the people of his province all laws and orders of the government, especially those which directly concern them and sees to it that they are faithfully carried out. He acquits himself with the conditions of the municipalities comprising the province and advises local officials in matters affecting their official work. The provincial board is the law making body of the province, with the provincial governor serving as the presiding officer. Some of its most important functions are as follows: a) it passes laws for the welfare of the municipalities and cities within its jurisdiction; b) it prepares and approves the provincial budget; c) it appropriates money for provincial purposes; d) it exercises the power of eminent domain; and e) it provides for the maintenance of equipment and buildings for provincial purposes. The board holds a regular weekly meeting upon a day fixed by it. Special meetings, however, may be called by the provincial governor on any day. MUNICIPALITIES Each province is composed of municipalities commonly called towns. The municipality is a public corporation created by an act of congress and is governed by the Municipality Law, which defines its duties and powers. Being public corporations, municipalities can sue or be sued in court; enter into contracts; acquire and hold real and personal properties for municipal purposes; and exercise such other powers as are granted by law. Municipalities are classified according to their average annual income for the last four fiscal years. There are 1,540 municipalities in the Philippines. They are autonomous units of government and have elective and appointive officials. The elective officials are the municipal mayor, vice mayor, and councilors. They are elected by the qualified voters for a term of three years. They cannot serve for more than three consecutive terms. The appointive officials are the municipal secretary, treasurer, justice of the peace, and chief of police. The municipal mayor is the chief executive officer of the town. His main functions are: 1) to execute all laws and municipal ordinances; 2) to supervise the administration of the town; 3) to issue orders relative to the maintenance of peace and order; 4) to preside over the meetings of the municipal council; and 5) to recommend measures to the municipal council aimed at the improvement of the social and economic conditions of the people. The municipal councils are the lawmaking body of the town and is composed of the mayor -- who is the chairman of the council -- vice mayor, and the councilors. The number of councilors for each municipality depends upon the class to which the municipality belongs. Each councilor is in-charge of a village or barangay. Some of the more important mandatory powers of the municipal council are the following: 1) to fix the salaries of all municipal offices and employees, except the treasurer, teachers in the public schools, and staff of national government agencies assigned to the municipality; 2) to provide for expenses necessary to carry out the functions of the municipality; 3) to provide for buildings adequate for municipal uses, including school houses; 4) to provide for the levy and collection of taxes, fees, and charges as sources of municipal revenue; and 5) to establish and maintain an efficient police department and an adequate municipal jail.

CITIES The chartered city is also a unit of local administration. It is created by a special law which serves as its charter. The charter is the constitution of the city. The charter creates the city, defines its boundaries, provides its system of government, and defines the powers and duties of its officials. A city or any of its officials cannot perform any official act which is not permitted by its charter. The city elective officials are the mayor, vice mayor, and the members of the board of councilors. They are elected for a term of three years. They cannot serve for more than three consecutive terms. The mayor is the executive official of the city, aided by the appointive heads of the various departments. The vice mayor is the presiding officer of the board. And the city courts exercise judicial functions. The lawmaking body of the city is council. Among its important functions are as follows: 1) to levy and collect taxes in accordance with law; 2) to enact ordinances; 3) to provide for public works constructions and for the maintenance of a local police force; 4) to establish fire zones within the city and to regulated the type of building which may be constructed within each zone; and 5) to provide for the protection of the inhabitants from public calamities and to provide relied in times of emergency. There are 67 chartered cities in the Philippines. BARANGAYS Each municipality or city is composed of a number of villages or barangays. The barangays are the smallest units of local government in the Philippines. They are governed by the Barrio Charter. The elective officials of the barangays are the Barangay Captain and the Barangay Councilors. As chief executive, the barangay captain is its recognized leader. He enforces all the laws and ordinances applicable to his constituency. He may organize fire brigades, preside over all meetings both of the barangay council and assembly, organize groups of citizens to fight criminality and brigandage, and approve all payments from barangay funds. He also sings all contacts in which the barangay is a party. There are 41, 945 barangays in the Philippines. They are public corporations and so, they can sue and be sued in court; can enter into contracts, can acquire and hold all kinds of property; and can exercise such powers or perform such acts as are provided by law.