Philippine Government Branches

Branches of the Philippine Government

• The Philippine government operates on a system of separation of powers with three primary branches: Legislative, Executive, and Judicial.
• The Constitution provides a separation of powers for these three branches.

Legislative Branch

• This branch is authorized to make, alter, and repeal laws through the Philippine Congress.
• The Philippine Congress has two houses: the Senate and the House of Representatives.

Executive Branch

• The Executive Branch executes or carries out the laws.
• It is composed of the President and Vice President.
• Both are elected by direct popular vote and they serve a term of six years.
• The President has the authority to appoint the Cabinet.
• The Cabinet departments form a significant portion of the country's bureaucracy.

Judicial Branch

• This branch evaluates laws and settles legal controversies.
• It holds the power to settle controversies involving legally demandable and enforceable rights.
• This branch determines whether there has been a grave abuse of discretion amounting to lack or excess of jurisdiction.
• It is made up of the Supreme Court and lower courts.

Checks and Balances

• The President can veto laws passed by Congress.
• Congress can confirm or reject the President's appointments.
• Congress can remove the President from office in exceptional circumstances.
• Justices of the Supreme Court are appointed by the President and confirmed by the Senate.
• The Supreme Court can overturn unconstitutional laws.
• The Constitution grants the Supreme Court the power of judicial review.
• This power enables the Supreme Court to declare treaties, international agreements, laws, presidential decrees, proclamations, orders, instructions, or ordinances unconstitutional.

Legislative Department Details

• Congress enacts legislation and confirm or reject presidential appointments.
• Congress has authority to declare war.
• The legislative branch includes congress, which has the senate and house of representatives.
• Numerous agencies support the service to congress
• The Senate is composed of 24 senators elected at large by qualified voters throughout the Philippines.
• The House of Representatives has a maximum of 250 members.
• Members are elected from legislative districts apportioned among provinces, cities, and the Metro Manila area based on population.
• Some members are elected through a party-list system representing national, regional, or sectoral parties.
• Party-list representatives constitute 20% of the total number of representatives.
• After the Constitution's ratification, half of the party-list representative seats are filled by selection or election from various sectors.
• Sectors party-list representatives represent Labor, peasants, urban poor, indigenous cultural communities, women, and youth.
• The religious sector is excluded.

Executive Department Details

• It includes the President, Vice President, Cabinet, executive departments, independent agencies, and other boards, commissions, and committees.

Roles within the Executive Branch

• The President leads the country and is the head of the national government.
• The President is the Commander-in-Chief of the armed forces.
• A President serves a single six-year term and cannot be re-elected.
• The Vice President supports the President.
• If the President cannot serve, the Vice President takes over, serving a six-year term.
• Cabinet members serve as advisors to the President, and include the Vice President and heads of executive departments.
• The President nominates cabinet members and they are confirmed by the Commission of Appointments.

Legislation Process

• The process for introducing legislation is similar in both the House of Representatives and the Senate.
• Members of the Senate and House develop ideas for legislation.
• The Senate or House of Representative Legislative Technical Affairs Bureau provides technical support for legislative language research and drafting.
• Special interest groups (business, religious groups, labor unions, etc.) are sources of legislation.
• Constituents may submit proposals for legislation.
• Only members of Congress can introduce a proposal or bill.
• Bills and resolutions are introduced by filing it with the office of the secretary.

Types of Legislation

• Legislation has four forms: bills, joint resolutions, concurrent resolutions, and simple resolutions.
• Bills are general measures that may become laws if passed.
• Bills are prefixed with "S" (Senate) or "H" (House), followed by a number based on the order of introduction.
• Joint resolutions require approval from both houses and the President's signature with the force of law.
• It is used for single items or issues like emergency appropriations.
• Concurrent resolutions relate to the operation of both houses and cannot be referred to the President.
• Concurrent resolutions fix the time of adjournment of Congress and to express the "sense of Congress" on an issue.
• Simple resolutions is used to express opinions on current issues.
• Simple resolutions are used to call for congressional action on national interest issues.

First Reading

• The bill is filed with the Bills and Index Service where it is numbered and reproduced.
• The bill is included in the Order of Business for First Reading after three days of filing.
• During the First Reading, the Secretary General reads the title and number of the bill.
• The speaker forwards the bill to the appropriate committee.

Committee Consideration/Action

• The committee evaluates the bill to determine if public hearings are required.
• Public notices are issued, and resource persons are invited if necessary.
• Experts give advice from the public and private sectors, and the academe if hearings are required.
• Amendments can be introduced, bills consolidated, or substitutes proposed.
• The corresponding committee report is then prepared.
• The Plenary Affairs Bureau receives the Committee Report after formal transmission.

Second Reading

• The Committee Report is registered and numbered by the Bills and Index Service, then referred to the Committee on Rules and included in the Order of Business.
• The Committee on Rules schedules the bill for the Second Reading.
• The Secretary General reads the bill's number, title, and text.
• Voting through viva voce, count by tellers, or division of the house takes place

Later Stages of the Process

• The approved bill is transmitted to the Senate for its concurrence, where the same legislative process occurs.
• Differences or disagreements on any provision of the bill are settled, reconciled or threshed out via a Conference Committee made up of members from each house of Congress
• A new bill may be written or new elements introduced by the Conference Committee, but only if germane to the subject matter.
• A report is prepared by the Conference Committee to be signed by all conferees and the chairman.
• Copies of the bill, which are signed by the Senate President and the Speaker of the House of Representatives and certified by both the Secretary of the Senate, are transmitted to the President.

Presidential Action

• Upon presidential approval, the bill becomes assigned a RA number.
• The bill is sent to the House where it originated.
• Upon presidential veto, a message citing the reasons for the veto is returned with the bill to the originating house.
• Copies of the approved bill are sent to the Official Gazette Officer for reproduction, publication, and distribution to implementing agencies, and it is included in the annual compilation of Acts and resolutions.
• When the president vetoes a bill, the message explaining this action goes into the Order of Business.
• Congress can override the veto with a two-thirds vote from each house and and it starts by reconsidering the bill with the vetoed terms.

Examples of Approved Bills

• Under President PNoy:
  • Republic Act No. 10354 also known as the "Responsible Parenthood and Reproductive Health Act of 2012“ or RH Law.
  • Republic Act No 10533 also known as the Enhanced Basic Education Act or K to 12
  • RA 10627 also known as the Anti-Bullying Act
• Under President Rodrigo Duterte:
  • Republic Act No. 10963, the Tax Reform for Acceleration and Inclusion Act or TRAIN Act
  • R.A. 10931, the Universal Access to Quality Tertiary Education Act of 2017
  • R.A. 10928 which mandates the Philippine Passport is valid for 10 years
  • R.A. 10929, which grants free internet access In Public Places by the Act Of 2017
  • RA 11036, which establishes a national mental health policy
  • RA 11037 for the National feeding program
  • R.A. 10930 extended the validity period of drivers’ licenses to be valid for five years from three years.
  • R.A. 10969 as the Free Irrigation Service Act of 2017
  • RA 11032 promotes ease of doing business
  • R.A. 10951 for the Anti-Fake News Act of 2017
  • R.A. 10962, known as the Gift Check Act of 2017
  • R.A. 11053 for the Anti-Hazing Act of 2018

Examples of Vetoed Bills

• Examples of vetoed bills included the Magna Carta for the Poor, a bill removing height requirements for police/fire departments/jail guards, and the SSS pension hike bill.
• President Aquino vetoed 80 bills.
• 60 of the 80 was for local bills.
• 58 of the 80 was for bills on road conversions.

Coconut Farmers and Industry Development Bill

• The bill may be violative of the Constitution, lacks vital safeguards to avoid past mistakes
• The PCA is not required to seek approval from the executive branch.
• Actions compromises executive branch actions on coco levy cases and assets.
• PCA board composition puts tax payers' money in hands of.