Philippine Politics and Governance PDF

PHILIPPINE POLITICS AND GOVERNANCE THE EXECUTIVE BRANCH The Executive Branch of government comprises the Cabinet and all executive departments, led by the President. THE EXECUTIVE BRANCH The Doctrine of Separation of Powers is a principle of government under which separate branches are...

PHILIPPINE POLITICS AND GOVERNANCE THE EXECUTIVE BRANCH The Executive Branch of government comprises the Cabinet and all executive departments, led by the President. THE EXECUTIVE BRANCH The Doctrine of Separation of Powers is a principle of government under which separate branches are empowered to prevent actions by other branches and are induced to share power. Checks and balances are applied primarily in constitutional governments. Doctrine of Separation of Powers and Checks and Balances The Legislative powers to the legislative department, executive power to the executive department, and those who are judicial in character to the judiciary. Through this allocation powers, the person entrusted shall not be permitted to encroach upon the power confided to the others, but that each shall, by the law of its creation, be limited to the exercise of powers appropriate to its own department and no other. The purpose of the separation of powers is to prevent concentration of authority in one department and, thereby avoid, tyranny.  Principle of Check and Balances The Doctrine of Separation of Powers is said to function well if the Principle of Checks and Balances are in place. The ends of the government are better achieved if the system of checks and balances will be observed. This prevents a particular department from possible arbitrary use of power within its level/department. The following are illustrations where there are Checks and Balances: 1. The lawmaking power of the Congress is checked by the President through its veto power, which in turn maybe overturned by the legislature. 2. The Congress may refuse to give its concurrence to an amnesty proclaimed by the President and the Senate to a treaty he has concluded. 3. The President may nullify a conviction in a criminal case by pardoning the offender. 4. The Congress may limit the jurisdiction of the Supreme Court and that of inferior courts and even abolish the latter tribunals. 5. The Judiciary in general has the power to declare invalid an act done by the Congress, the President and his subordinates, or the Constitutional Commissions. This is what is called the Power of Judicial Review. 6. The Congress may file an Impeachment on the President, the V.P., Commissioners of the Constitutional Commissions, the Ombudsman and The Chief Justice of the Supreme Court. 7. The Congress may bypass any appointment made by the President EXECUTIVE POWER Article Vll, Section 1, of the 1987 Constitution vests executive power on the President of the Philippines. The President is the Head of the State and Head of Government, and functions as the commander- in-chief of the Armed Forces of the Philippines. As chief executive, the President exercises control over all the executive department, bureaus, and offices. The President of the Philippines is elected by direct vote by the people for a term of six years. He may only serve for one term, and is ineligible for re- election. The term of the President of the Philippines starts at the noon of the 30th day of June after the election.  Qualification The qualification for an aspiring to become the President of the Philippines are outlined in Article Vll, Section 2 of the 1987 Constitution. According to the constitution, an individual may become President provided he meets the following criteria: a.) natural born Filipino, b.) a registered voter, c.) must be able to read and write, d.) 40 years of age at the day of the election, 1. Emilio Aguinaldo (1869 – 1964) The president of the first Philippine republic (1899). He started as a member of the Magdalo Chapter of the Katipunan in Cavite, then was elected president of the revolutionary government at the Tejeros Convention on March 22,1897, and, later, Biak-na-Bato Republic. He proclaimed Philippine independence at Kawit on June 12, 1898. His capture foreshadowed the end of large-scale armed resistance to American rule. 2. Manuel L. Quezon (1878-1944) The first Filipino president of the Commonwealth of the Philippines under American rule. He was president of the Philippines from 1935 to 1944. For advocating Filipino-language amendments to the 1935 Constitution, he is known as the “Father of the National Language.” 3. Jose P. Laurel (1891 – 1939) President of the Second Republic from 1943 to 1945. He had been secretary of the interior (1923), senator (1925 – 1931), delegate to the Constitutional Convention (1934), and chief justice during the commonwealth. When World War II broke out, he was instructed by Quezon to stay in Manila and deal with the Japanese to soften the blow of enemy occupation. As president, he defended Filipino interests and resisted Japanese efforts to draft Filipinos into the Japanese military service. Upon return of the American forces, Laurel was imprisoned in Japan when Douglas Macarthur occupied that country He was returned to the Philippines to face charges of treason, but these were dropped when President Roxas issued an amnesty proclamation. In the Third Republic, he was elected senator and negotiated the Laurel-Langley Agreement. 4. Sergio Osmeña, Sr. (1878 – 1961) The first Filipino national leader under the American regime as speaker of the Philippine assembly and the second president of the Philippines (1944-1946). 5. Manuel Roxas (1892 – 1948) The last president of the Philippine Commonwealth and the first president of the republic (1946 – 1948). 6. Elpidio Quirino (1890—1956) President of the Philippines from 1948 to 1953. As vice president during Manuel Roxas’s term, he was also secretary of foreign affairs. He became president when Roxas died in 1948. He was elected president in his own right in 1949. 7. Ramon Magsaysay (1907 – 1957) President of the Philippines from 1953 to 1957. He had been President Quirino’s secretary of defense who was instrumental is suppressing the HUK rebellion. As president, he persuaded Congress to pass the Agricultural Tenancy Act (1954). It was during his term that the Retail Trade Nationalization Act was passed. He secured revisions in the Bell Trade Act and was the first president to revise the US Military Bases agreement to bring it more in line with Philippine interests. 8. Carlos P. Garcia (1896 – 1971) President of the Philippines from 1957 to 1961. Remembered for his Filipino First Policy. He was among the founders of the Association for Southeast Asia (1963), the precursor of the Association for Southeast Asian Nations (ASEAN). 9. Diosdado Macapagal (1910 – 1997) President of the Republic of the Philippines from 1961 to 1965. He asked Congress to pass the Agricultural Land Reform Code, which abolished share tenancy and installed a leasehold system in its place; it finally passed on August 8, 1963. This was a significant step toward resolving the agrarian problem. It was during his presidency that Independence Day was moved from July 4 to June 12, the date when General Aguinaldo proclaimed Philippine independence in Cavite. 10. Ferdinand Marcos (1917 – 1989) President of the Philippines from 1965 to 1986. Declared martial law on September 21, 1972. After the People Power revolution in February 1986, he was ousted from power and lived in exile in Honolulu, Hawaii. 11. Corazon Cojuangco Aquino (1933 – 2009) President of the Philippines from 1986 to 1992. With Salvador Laurel as running mate, she led the opposition that overthrew the authoritarian government of Marcos, who went into exile after the successful People’s Power revolution of 1986. She first established a revolutionary government under the Freedom Constitution, later replaced by the Constitution of 1987, which served as the basis for re- establishing democracy 12. Fidel V. Ramos (1928 – ) President of the Philippines from 1992 to 1997. As head of the Constabulary under President Marcos, he was instrumental in helping to design and implement martial law. Together with General Ponce Enrile and the RAM, he defected from the government in 1986 and joined the People’s Power revolution that ousted Marcos from power. His presidency is remembered for better integrating the national economy in the global scheme. 13. Joseph Estrada (1937 – ) President of the Philippines from 1998 to 2001. During his term in office, he was arrested and stood trial at a congressional impeachment hearing on charges of accepting bribes and corruption. While this trial was aborted when the senators voted 11 to 10 not to open incriminating evidence against him, he was ousted from power anyway as a peaceful People’s Power II revolution arose and called for his resignation 14. Gloria Macapagal-Arroyo (1947 –) President of the Philippines from 2001 to 2004. She served as vice president under President Estrada and became president when he was forced to step down for malfeasance, through the People’s Power II revolution. PGMA has confronted some of the same obstacles as did her father, President Diosdado Macapagal, when he tried to clean up corruption in government. Her government continues enjoy political legitimacy in the face of opposition. 15. Benigno Aquino III (1960 – 2021) President of the Philippines from 2010 to 2016. Under Aquino`s presidency, the nation`s economy grew at the highest rates in decades, the country was dubbed as a “Rising Economy” 16. Rodrigo Duterte (1945 – ) In the first four months of his term, President Duterte has made impressive progress in asserting Philippine sovereignty and dignity in the international arena, in aligning the country with Asian values instead of Hollywood-manufactured cultural norms, in the fight against drugs, in uplifting the status of indigenous peoples and of our Muslim brothers in the south, in putting an end to endo, in putting on notice corrupt government officials, and in securing fishing privileges for Filipinos in waters that China has been claiming as its own. He has also secured financial support from Japan and promises from Russia. Powers of the President Besides the constitution, the powers of the President of the Philippines are specifically outlined in the Executive Order No. 292, s. 1987, otherwise known as the Administrative Code of 1987. The following powers are: 1. Power to 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 abovementioned offices` strict implementation of laws. 2. Power Ordinance Power The President of the Philippines has the power to give executive issuances which 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 Orders – Acts 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 relates to the particular aspects of governmental operations in pursuance of his duties the 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 the force 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 government office shall be embodied in the 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 or 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 order. 3. Power Over Aliens The President of the Philippines has certain powers 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 Immigration before their decision becomes final and executor (after 30 days of the issuance of the decision). The Board of Commissioners of the Immigration has jurisdiction over all deportation cases. 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 of private property for public use with just compensation. There are two constitutional provisions, however, that limit the exercise of such power: Article lll, Section 9 (1) of the Constitution provides that no person shall be deprived of his/her life, liberty, or 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 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.  Power to Reserve Lands of the Public and Private Domain of the Government 1.) The president shall have the power to reserve for settlement of 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 reserve land shall thereafter remain subject to the specific public purpose indicated until otherwise provided by law or proclamation. 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 of the previous regime, and protect the interest of the people through orders of sequestration. 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 Government The President of the Philippines, as chief executive, has the mandate to supervise local governments in the Philippines, despite their autonomous status as provide by Republic Act No. 7160 otherwise known as the Local Government Code of 1991. Traditionally, this is done by the Department of the Interior and Local Government, headed by a cabinet secretary – an alter ego of the President. 7. Suspension of the Privilege of Writ of Habeas Corpus; Grounds for suspension: invasion or rebellion when public safety requires it. Effects of suspension of the privilege of the writ: a. Proclamation does NOT affect the right to bail b. Suspension applies only to persons facing charges of rebellion or offenses inherent in or directly connected with invasion. c. Persons arrested must be charged within 3 days; if not, they must be released d. Proclamation does not supersede civilian authority. Declaration of Martial Law Grounds for Declaration: Invasion or rebellion Note: The following cannot be done a. Suspend the operation of the Constitution; b. Supplant the functioning of the civil courts and the legislative assemblies; c. Confer jurisdiction upon military courts and agencies over civilians, where civil court are able to function; Open Court Doctrine- civilians cannot be tried by military courts if the civil courts are open and functioning. d. Automatically suspend the privilege of the writ of habeas corpus (Art. Vll, Sec 18(4)). Constitutional limitations on the suspension of the privilege of the writ of habeas corpus and declaration of martial law. Duration: Not more than 60 days, following which it shall be lifted, unless extended by Congress. Duty of the President to report to Congress: within 48 hours personally or in writing Manner of Succession The Constitution provides for a line of succession in the event that the elected President of the Philippines is not able to discharge the duties of his office due to death, disability, or resignation. The following is the line of succession. Vice President – in cases of the death, disability, or resignation of the President Senate President – in cases of the death, disability, or resignation of the President and Vice President Speaker of the House of Representatives – in cases of the death, disability, or resignation of the President, Vice President, and Senate President (Contrary to popular belief, the Constitution doesn`t include the Chief Justice of the Supreme Court in the President`s line of succession.) Vice President of the Philippines The Vice President of the Philippines is elected by direct vote of the people for a term of six years, and may run for re-election once. The term of the Vice President of the Philippines starts at noon of the 30th day of June after a regular election is held. Qualifications The qualifications for aspirants to the Office of the Vice President is outlined in Article Vll, Section 3. According to the constitution, the qualifications for the President are the same for the Vice President. According to the constitution, the vice president may take on a cabinet portfolio in concurrent capacity, if the President chooses. The first constitution of the Philippines, the Malolos Constitution, did not provide for a Vice President of the Philippines. It only had provisions for a president and a prime minister. The first legal basis for the existence of the office came in 1935 upon the inauguration of the Commonwealth government. List of Philippine Vice Presidents Names Term of Office 1. Sergio Osmeña (1878– November 15, 1935 – August 1, 1961) 1944 2. Elpidio Quirino (1890– May 28, 1946 – April 15, 1948 1956) List of Philippine Vice Presidents 3. Fernando Lopez (1904– December 30, 1949 – December 1993) 30, 1953 4. Carlos P. Garcia (1896– December 30, 1953 – March 17, 1971) 1957 5. Diosdado Macapagal December 30, 1957 – December (1910–1997) 30, 1961 6. Emmanuel Pelaez (1915– December 30, 1961 – December 2003) 30, 1965 7. Fernando Lopez (1904– December 30, 1965 – 1993) September 23, 1972 8. Salvador Laurel (1928– February 25, 1986 – June 30, 2004) 1992 9. Joseph Estrada (born June 30, 1992 – June 30, 1998 1937) 10. Gloria Macapagal Arroyo June 30, 1998 – January 20, (born 1947) 2001 11. Teofisto Guingona Jr. February 7, 2001 – June 30, (born 1928) 2004 List of Philippine Vice Presidents 12. Noli De Castro (born June 30, 2004 – June 30, 2010 1949) 13. Jejomar Binay (born June 30, 2010 – June 30, 2016 1942) 14. Leni Robredo (born 1965) June 30, 2016 – present Duties of the Vice President According to the constitution, the vice president may concurrently assume a cabinet position should the President of the Philippines offer the former one. The vice president will become a secretary concurrent to the 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. Manner of Succession Should there be a vacancy in the Office of the Vice President, the President of the Philippines is required by the constitution to nominate a replacement with the concurrence of Committee on Appointments. Cabinet Secretaries Cabinet 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 Philippines may create or dissolve any department as he sees fit. According to the Article 7, Section 16, the President may appoint anyone to execute departments with the consent of the Commission on Appointments. Names of individuals nominated to cabinet posts are submitted to the Commission on Appointments for their consideration. An individual may not assume his post in a given department unless confirmed by the Commission on Appointments. Powers of Cabinet Secretary Cabinet Secretary possesses the power to issue directives relative to their departments, such as department orders. These orders only apply to offices under a specific department under the cabinet secretary`s jurisdiction. Cabinet secretaries also act as advisors to the President of the Philippine for their areas. Advantages of Presidential Systems Supporters generally claim four basic advantages for presidential systems: Direct Mandate – in a presidential systems, the president is generally elected directly by the people. To some, this makes the president`s power more legitimate than that of a leader appointed indirectly. Separation of Powers – a presidential system establishes the presidency and the legislature as two parallel structures. Supporters claim that this arrangement allows each structure to supervise the other, preventing abuses. Speed and Decisiveness – some argue that a president with strong powers can usually enact changes quickly. However, others argue that the separation of powers slows the system down. Stability – a president, by virtue of a fixed term, may provide more stability than a prime minister who can be dismissed at any time. Disadvantages of Presidential Systems Critics generally claim three basic disadvantages for presidential systems: Tendency Towards Authoritarianism – some political scientists say that Presidentialism is not constitutionally stable. According to some political scientists, such as Fred Riggs, Presidentialism has fallen into authoritarianism in every country it has been attempted. Separation of Powers – a presidential systems establishes the presidency and the legislature as two parallel structures. Critics argue that this creates undesirable gridlock, and that it reduces. Impediments to Leadership Change – it is claimed that the difficulty in removing an unsuitable president from office before his or her term has expired represents a significant problem. Presented by: CHAD M. GALSIM, LPT KEEP FIGHTING! GOD BLESS AND MORE POWER! MANYAMMAN!