Philippines Legislative & Executive Branches PDF
Document Details
Uploaded by Deleted User
Tags
Summary
This document provides an overview of the legislative and executive branches of the Philippine government, covering their roles, responsibilities, and related information. It includes details about powers, duties, and the process of lawmaking.
Full Transcript
LEGISLATIVE What is the role of the Philippines legislative branch The Philippine legislative branch, also known as Congress, plays a vital role in the country's government. Its primary functions are: *Powers and Responsibilities:* 1. Lawmaking: Congress creates, amends, and repeals laws....
LEGISLATIVE What is the role of the Philippines legislative branch The Philippine legislative branch, also known as Congress, plays a vital role in the country's government. Its primary functions are: *Powers and Responsibilities:* 1. Lawmaking: Congress creates, amends, and repeals laws. 2. Representation: Represents the interests of their constituents. 3. Budgeting: Approves the national budget and appropriations. 4. Oversight: Conducts investigations and hearings to ensure executive branch accountability. 5. Impeachment: Initiates impeachment proceedings against high-ranking officials. *Specific Duties:* 1. Enact laws on: - Taxation and finance - Foreign policy and diplomacy - National defense and security - Education, healthcare, and social welfare - Infrastructure development 2. Approve or reject: - Presidential appointments (e.g., Supreme Court justices, Cabinet members) - International treaties and agreements - Government contracts and agreements 3. Conduct: - Investigations and hearings on government activities - Oversight of executive branch agencies 4. Exercise: - Parliamentary immunity (protection from prosecution for legislative acts) - Contempt powers (punish individuals for disrespecting Congress) *Structure:* 1. Bicameral legislature: - Senate (24 members, 6-year terms) - House of Representatives (304 members, 3-year terms) 2. Leadership: - Senate President - Speaker of the House - Majority and Minority Leaders *Checks and Balances:* 1. Legislative veto power over executive branch actions 2. Power to impeach and remove high-ranking officials 3. Oversight of executive branch agencies and activities 4. Approval of presidential appointments and treaties *Challenges and Reforms:* 1. Improving legislative efficiency and effectiveness 2. Enhancing transparency and accountability 3. Strengthening congressional oversight 4. Addressing issues like corruption, patronage, and dynasties *Key Legislation:* 1. 1987 Philippine Constitution 2. Rules of Procedure of the Senate and House of Representatives 3. Congressional Oversight Committee reports What is the impeachment process? The impeachment process in the Philippines is a constitutional mechanism to hold public officials accountable for misconduct. Here's a step-by-step guide: *Grounds for Impeachment:* 1. Treason 2. Bribery 3. Graft and corruption 4. Other high crimes 5. Betrayal of public trust *Impeachment Process:* *House of Representatives (Lower House):* 1. Filing of complaint: Any citizen or group can file an impeachment complaint. 2. Verification: The House Committee on Justice verifies the complaint. 3. Hearing: The Committee conducts hearings to determine probable cause. 4. Voting: The Committee votes on the impeachment resolution. 5. Plenary vote: The entire House votes on the impeachment resolution (1/3 majority required). *Senate (Upper House):* 1. Receipt of articles: The Senate receives the articles of impeachment from the House. 2. Trial: The Senate conducts an impeachment trial, with the Chief Justice presiding. 3. Prosecution and defense: The House prosecutes, while the respondent defends. 4. Voting: Senators vote on each article of impeachment (2/3 majority required for conviction). *Removal and Penalty:* 1. Conviction: If convicted, the official is removed from office. 2. Disqualification: The official may be disqualified from holding public office. *Key Players:* 1. House Committee on Justice 2. House Speaker 3. Senate President 4. Chief Justice (presides over Senate trial) 5. Prosecutors (House members) 6. Defense counsel (respondent's lawyers) *Timeline:* 1. Filing of complaint: Anytime 2. House Committee hearing: 30-60 days 3. House plenary vote: 1-2 months 4. Senate trial: 2-6 months *Notable Impeachment Cases:* 1. President Joseph Estrada (2000) 2. Chief Justice Renato Corona (2012) 3. Chief Justice Maria Lourdes Sereno (2018) *Constitutional Basis:* Article XI, Sections 2-5, 1987 Philippine Constitution *Relevant Laws:* 1. Rules of Procedure in Impeachment Proceedings (House and Senate) 2. Impeachment Rules (Supreme Court) What are the three powers of the government? The three powers of the Philippine government are: - *Executive Power*: headed by the President, who is elected by direct vote of the majority of the people. The President serves as both the head of state and the head of government. - *Legislative Power*: vested in the Congress, which is divided into two chambers: the Senate and the House of Representatives. The Congress has the power to create, amend, and repeal laws, as well as approve the national budget and appropriations. - *Judicial Power*: exercised by the Supreme Court, with the Chief Justice as its head. The Chief Justice is appointed by the President from a list of nominees submitted by the Judicial and Bar Council. How do we elect our president? Elected by direct vote of the majority of the people. What are the powers of the congress? *Legislative Power: Congress* The Congress has several powers, including: - Lawmaking: creating, amending, and repealing laws - Budgeting: approving the national budget and appropriations - Oversight: conducting investigations and hearings to ensure executive branch accountability - Impeachment: initiating impeachment proceedings against high-ranking officials [no source] How is the congress elected? *Election of Congress Members* Members of the House of Representatives are elected by direct vote of the people in their respective districts, while Senators are elected by national vote. How is the chief of justice elected? *Election of Chief Justice* The Chief Justice is appointed by the President from a list of nominees submitted by the Judicial and Bar Council. What is Amnesty? *Amnesty* Amnesty refers to the act of forgiving or pardoning individuals or groups for past wrongdoing, often in exchange for cooperation or testimony. What does the quadcomm do? *Quadcomm (Quad Committee)* The Quad Committee, also known as the Quadcom, is a joint committee of the House of Representatives that conducts investigations and hearings on specific issues. Its purpose is to aid legislation and ensure accountability. Explain quadcomm legislative investigation *Quadcomm Legislative Investigation* The Quadcomm's legislative investigation involves: - Conducting hearings and gathering evidence - Issuing subpoenas and contempt orders - Crafting legislative solutions to address issues uncovered during the investigation - Ensuring accountability and transparency in government What is a rubber stamp and legislative railroad? *Rubber Stamp and Legislative Railroad* A "rubber stamp" refers to a legislature that passively approves decisions without critical evaluation or opposition. On the other hand, "legislative railroad" describes the rushed passage of legislation without proper discussion or consideration. Can you tell me how the congress will affect the executive branch? *Congress' Impact on the Executive* The Congress can significantly impact the Executive branch through: - *Impeachment*: Congress can impeach and remove the President, Vice President, and other officials for culpable violation of the Constitution, treason, bribery, graft and corruption, betrayal of public trust, and other high crimes ¹. - *Legislation*: Congress can pass laws that limit or expand the Executive's powers. - *Budget approval*: Congress approves the national budget, which can affect the Executive's programs and policies. - *Oversight*: Congress conducts investigations and hearings to ensure Executive accountability. Who are the impeachable officials by the congress? *Impeachable Officials* The following officials can be impeached by Congress: - *President of the Philippines* - *Vice President of the Philippines* - *Justices of the Supreme Court of the Philippines* - *Members of the Constitutional Commissions*: Commission on Elections, Civil Service Commission, Commission on Audit, and Ombudsman ¹ When can the congress check the power of the president? The Congress can check the power of the President in several ways. One of the most significant ways is through the power of impeachment, where Congress can remove the President from office for "high crimes and misdemeanors" ¹. This ensures that the President doesn't abuse their power or act unconstitutionally. *Checks on the President's Power* - Veto Override: Congress can override the President's veto of a law with a two-thirds majority vote in both the House and Senate ¹. - Legislative Power: Congress has the sole authority to enact legislation, which means the President cannot unilaterally make laws ². - Approval of Appointments: The Senate must approve the President's appointments to the Supreme Court, federal courts, and executive branch positions ². - Budget Control: Congress controls the federal budget and can use this power to limit the President's initiatives ². - Investigations and Oversight: Congress has the power to investigate the executive branch and conduct oversight hearings to ensure accountability ². *Impeachment Process* Impeachment is a serious process that involves the House of Representatives voting on articles of impeachment, followed by a trial in the Senate ¹. If the President is found guilty, they can be removed from office. Overall, the system of checks and balances ensures that no one branch of government has too much power, and the Congress plays a crucial role in preventing the President from abusing their authority ³. How many chambers do we have in the Philippines? What are these? Here are the answers to your questions about the Philippine government: *Chambers of Congress:* 1. Senate (Upper House) 2. House of Representatives (Lower House) Who is the leader of the Senate and House of Representatives? How are they chosen? *Leadership:* 1. Senate: President of the Senate - Chosen: Elected by majority of senators 2. House of Representatives: Speaker of the House - Chosen: Elected by majority of representatives How are senators, congressmen elected? *Election:* 1. Senators: Elected by national vote (12 senators, 6-year term) - Voters: Filipino citizens aged 18 and above 2. Congressmen (House of Representatives): Elected by district vote (304 representatives, 3-year term) - Voters: Filipino citizens aged 18 and above, residing in respective districts Tell me about the impeachment process *Impeachment Process:* 1. Complaint filing: Any citizen or group can file an impeachment complaint. 2. House Committee on Justice verification 3. House plenary vote (1/3 majority required) 4. Senate trial (2/3 majority required for conviction) Tell me about the process of passing a law *Lawmaking Process:* 1. Bill filing: Proposed law filed in either chamber. 2. Committee review and hearing 3. Chamber vote (majority required) 4. Bicameral conference committee (resolves differences) 5. Final chamber vote 6. Presidential signature or veto How many years does 1 senator and a member of the house have? And how many term are they allowed to serve? *Term Limits:* 1. Senators: 6-year term, 2 consecutive terms allowed 2. Congressmen: 3-year term, 3 consecutive terms allowed Give two powers of the executive *Executive Powers:* 1. Commander-in-Chief of the Armed Forces 2. Appointing power (with Senate confirmation) What are the set of people the president can appoint? *Presidential Appointments:* 1. Supreme Court justices 2. Cabinet members 3. Ambassadors 4. Other high-ranking officials (e.g., military officers, government agency heads) Additional information: - The Philippines has a bicameral legislature and a presidential system. - The Senate has 24 members, while the House of Representatives has 304 members. - The Constitution sets term limits to prevent abuse of power and promote democratic rotation. How does a bill passed? In the Philippines, a bill becomes law through a multi-step process involving both the Senate and House of Representatives. Here's a breakdown of how it works: *Step 1: Filing and First Reading* A legislator drafts and files a bill in their respective chamber, either the Senate or House of Representatives. The bill is then read for the first time and referred to the appropriate committee for review ¹. *Step 2: Committee Consideration* The committee studies the bill, holds hearings, and gathers feedback. They may propose amendments or consolidate multiple versions of the bill. *Step 3: Second Reading and Debate* The bill is read for the second time, and members of the chamber debate and vote on it. If approved, it proceeds to the next stage. *Step 4: Third Reading and Final Vote* The bill is read for the third time, and members vote on its final passage. If approved, it's transmitted to the other chamber for concurrence. *Step 5: Bicameral Conference Committee* If differences arise between the Senate and House versions, a bicameral conference committee reconciles them. *Step 6: Presidential Approval or Veto* The final bill is sent to the President for signature. If signed, it becomes law. If vetoed, Congress can override the veto with a two-thirds majority vote in both chambers. *Step 7: Enactment* Once the bill becomes law, it's enacted and implemented by the relevant government agencies. That's the basic process of how a bill becomes law in the Philippines. General amnesty General amnesty is a provision that allows for the forgiveness of past crimes, typically those committed in pursuit of political beliefs. In the Philippines, there have been several instances of general amnesty being granted. For example, Proclamation No. 347, issued in 1994, granted amnesty to rebels, insurgents, and other individuals who had committed crimes against public order, including rebellion, sedition, and disobedience to authority. Similarly, Proclamation No. 1377, issued in 2007, granted amnesty to members of the Communist Party of the Philippines-New People's Army-National Democratic Front (CPP-NPA-NDF) and other communist rebel groups. *Key Aspects of General Amnesty:* - Coverage: General amnesty typically covers crimes committed in pursuit of political beliefs, such as rebellion, sedition, and disobedience to authority. - Eligibility: Individuals who have committed crimes against public order, including those detained, charged, or convicted, may be eligible for amnesty. - Effects: Amnesty can extinguish criminal liability, restore civil and political rights, and provide immunity from warrantless arrests. It's worth noting that amnesty can be a complex and contentious issue, with some arguing that it undermines accountability and the rule of law. However, proponents argue that it can be an effective tool for promoting peace, reconciliation, and social integration. EXECUTIVE Here's an overview: (a) Requirements for the Presidency (Philippines): 1. Natural-born citizen of the Philippines 2. Registered voter 3. At least 40 years old 4. Resident of the Philippines for at least 10 years 5. Not convicted of any crime involving moral turpitude *(Article VII, Section 2, 1987 Philippine Constitution)* (b) Powers and Functions of the Office: 1. Head of State and Government 2. Commander-in-Chief of the Armed Forces 3. Appoints officials (with Senate confirmation) 4. Negotiates treaties and international agreements 5. Grants reprieves, pardons, and amnesties 6. Convenes and adjourns Congress 7. Signs or vetoes bills 8. Exercises executive power over government agencies 9. Represents the Philippines internationally 10. Ensures national security and public safety *(Article VII, 1987 Philippine Constitution)* (c) Issues Connected to the Choice of President and Exercise of Executive Power: 1. Leadership style and vision 2. Political experience and track record 3. Economic policies and management 4. Foreign policy and international relations 5. Corruption and transparency 6. Human rights and social justice 7. National security and defense 8. Environmental policies and sustainability 9. Healthcare and education 10. Accountability and checks on power Additional considerations: 1. Party affiliation and coalition-building 2. Public opinion and popularity 3. Media influence and communication strategies 4. Electoral process and campaign finance 5. Succession and transition planning To delve deeper, you can explore: 1. The 1987 Philippine Constitution 2. Republic Acts and Executive Orders 3. Supreme Court decisions and jurisprudence 4. Historical presidential elections and administrations 5. Contemporary issues and policy debates What are the powers of the president? The powers of the President of the Philippines are outlined in Article VII of the 1987 Constitution. Here are the key powers: *Executive Powers* 1. Execute laws (Article VII, Section 1) 2. Appoint officials (with Senate confirmation) (Article VII, Section 2) 3. Grant reprieves, pardons, and amnesties (Article VII, Section 19) 4. Convene and adjourn Congress (Article VII, Section 15) 5. Sign or veto bills (Article VI, Section 27) 6. Exercise control over government agencies (Article VII, Section 17) *Commander-in-Chief* 1. Commander-in-Chief of the Armed Forces (Article VII, Section 18) 2. Call out the Armed Forces to prevent or suppress lawless violence (Article VII, Section 18) *Diplomatic Powers* 1. Negotiate treaties and international agreements (Article VII, Section 21) 2. Appoint ambassadors and other diplomatic representatives (Article VII, Section 2) *Emergency Powers* 1. Declare national emergency or martial law (Article VII, Section 18 2. Take measures to prevent or suppress rebellion or invasion (Article VII, Section 18) *Administrative Powers* 1. Conduct foreign policy (Article VII, Section 21) 2. Manage government properties and finances (Article VII, Section 17) 3. Exercise administrative supervision over local governments (Article VII, Section 17) *Ceremonial Powers* 1. Represent the Philippines internationally (Article VII, Section 1) 2. Host foreign dignitaries and ambassadors (Article VII, Section 1) 3. Award honors and decorations (Article VII, Section 1) *Legislative Powers* 1. Propose bills to Congress (Article VI, Section 26) 2. Veto or sign bills into law (Article VI, Section 27) 3. Call special sessions of Congress (Article VII, Section 15) *Judicial Powers* 1. Grant pardons and reprieves (Article VII, Section 19) 2. Appoint judges and justices (with Senate confirmation) (Article VIII, Section 9) These powers are subject to checks and balances by the other branches of government, ensuring accountability and preventing abuse of authority. Source: 1987 Philippine Constitution, Article VII. What is his supervisory departments? The President's supervisory powers over departments and agencies in the Philippines are as follows: *Administrative Supervision* 1. Department of National Defense (DND) 2. Department of Foreign Affairs (DFA) 3. Department of Interior and Local Government (DILG) 4. Department of Justice (DOJ) 5. Department of Finance (DOF) 6. Department of Budget and Management (DBM) 7. Department of Public Works and Highways (DPWH) 8. Department of Transportation (DOTr) 9. Department of Communication and Information Technology (DICT) 10. National Economic and Development Authority (NEDA) *Supervisory Powers* 1. Appoint and remove officials 2. Direct and control department operations 3. Review and approve policies and programs 4. Allocate and re-align department budgets 5. Conduct inspections and investigations 6. Enforce laws and regulations 7. Promulgate administrative orders and regulations *Line Agencies* The President also has supervisory powers over various line agencies, including: 1. Armed Forces of the Philippines (AFP) 2. Philippine National Police (PNP) 3. National Bureau of Investigation (NBI) 4. Bureau of Customs (BOC) 5. Bureau of Internal Revenue (BIR) 6. Philippine Coast Guard (PCG) 7. National Disaster Risk Reduction and Management Council (NDRRMC) *Attached Agencies* Additionally, the President has supervisory powers over attached agencies, including: 1. Office of the Press Secretary (OPS) 2. Presidential Communications Operations Office (PCOO) 3. Presidential Management Staff (PMS) 4. Office of the Cabinet Secretary (OCS) 5. National Security Council (NSC) *Source:* 1987 Philippine Constitution, Article VII, Section 17 Executive Order No. 292 (Administrative Code of 1987) Various department and agency charters and laws Please note that these powers and agencies are subject to change through executive orders, laws, or reorganization efforts. What is the military powers of the president? In the Philippines, the President's military powers are outlined in Article VII, Section 18 of the 1987 Constitution: Commander-in-Chief: The President is the Commander-in-Chief of the Armed Forces of the Philippines (AFP). Powers: 1. Call out the Armed Forces to prevent or suppress lawless violence, invasion, or rebellion. 2. Declare martial law in case of invasion, rebellion, or imminent danger. 3. Grant amnesty to military personnel and civilians. 4. Appoint and remove military officers. 5. Direct the National Defense and Security policy. Limitations: 1. Congressional approval required for martial law declaration (Article VII, Section 18). 2. Limited to 60 days, renewable with Congressional approval. 3. Cannot suspend the writ of habeas corpus without Congressional approval. Additional authorities: 1. National Security Council (NSC) Chairperson 2. National Disaster Risk Reduction and Management Council (NDRRMC) Chairperson 3. Philippine National Police (PNP) Commander-in-Chief Relevant laws: 1. National Defense Act (Republic Act No. 7077) 2. Armed Forces of the Philippines (AFP) Modernization Act (Republic Act No. 7898) 3. Anti-Subversion Law (Republic Act No. 1700) The President's military powers are subject to checks and balances by: 1. Congress (legislative oversight and approval) 2. Supreme Court (judicial review) 3. AFP leadership and military protocols Please note that these powers and limitations are subject to change through constitutional amendments or legislative updates. What is the president's pardoning power? The President's pardoning power in the Philippines is outlined in Article VII, Section 19 of the 1987 Constitution: "Pardon and Reprieve. The President shall have the power to grant reprieves, commutations, and pardons, except in cases of impeachment, upon such terms and conditions as he may impose." Types of Pardons 1. Absolute pardon: Complete forgiveness of the crime. 2. Conditional pardon: Forgiveness with conditions (e.g., good behavior). 3. Commutation: Reduction of sentences, shortens or modifies the duration. Changes in punishment may replace imprisonment with probation, fines, or community service. But it does not overturn conviction. 4. Reprieve: Temporary delay but not cancel a sentence (often death), or stay of execution which provides temporary relief. It does not change conviction and the reprieve can be revoked. Pardoning Power Scope 1. Covers all crimes, except: - Impeachment - Treason (unless Congress concurs) 2. Applies to: - Convicted individuals - Those facing trial - Those under investigation Limitations 1. Cannot pardon own self (self-pardon) 2. Cannot pardon in cases of impeachment 3. Requires recommendation from the Board of Pardons and Parole (BPP) 4. May be subject to Congressional review and override Procedure 1. Petition for pardon filed with BPP 2. BPP reviews and recommends to the President 3. President grants or denies pardon 4. Pardon is published in the Official Gazette Notable Pardoning Cases 1. President Ferdinand Marcos' pardon of dictator Jose Antonio Vinculado (1973) 2. President Gloria Arroyo's pardon of former President Joseph Estrada (2007) 3. President Rodrigo Duterte's pardon of convicted murderer Antonio Sanchez (2019) Controversies 1. Political interference 2. Favoritism and bias 3. Undermining justice and accountability Source: 1987 Philippine Constitution, Article VII, Section 19 Rules of Court, Rule 122 (Pardon and Reprieve) Board of Pardons and Parole (BPP) Rules and Regulations Please note that pardoning powers and procedures may evolve through constitutional amendments, laws, or Supreme Court decisions. ANS TO THE QUESTIONS ISMA SENT. *Instances Where the President Ceases to Hold Office* 1. *Resignation*: Voluntary resignation (Article VII, Section 7). 2. *Impeachment*: Removal through impeachment proceedings (Article XI). 3. *Death*: Passing away while in office. 4. *Permanent Disability*: Incapacity to perform duties (Article VII, Section 7). 5. *Conviction*: Convicted of treason, bribery, or other high crimes (Article XI). (1) the public shall be informed of the state of their health. (2) Determined by the senate if the president can still forego or be replaced by the VP *Oath of the President* "I, [Name], do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as President of the Philippines, preserve and defend its Constitution, execute its laws, do justice to every man, and consecrate myself to the service of the Nation. So help me God." (Article VII, Section 5) *Requirements to Become President* 1. *Natural-born citizen* of the Philippines. 2. *Registered voter*. 3. *At least 40 years old*. 4. *Resident of the Philippines for at least 10 years*. 5. *Not convicted of crime involving moral turpitude* (Article VII, Section 2). *President's Impact on Congress* 1. *Signing or vetoing bills*: Approves or rejects legislation. 2. *Convening and adjourning sessions*: Calls special sessions. 3. *Appointing officials*: Submits nominations for confirmation. 4. *Budget proposals*: Submits annual budget. 5. *Legislative initiatives*: Proposes laws. *Categories of People Appointable by the President* 1. *Supreme Court justices*. 2. *Cabinet members*. 3. *Ambassadors*. 4. *Diplomatic representatives*. 5. *Armed Forces officers*. 6. *Judges*. 7. *Government officials*. *Martial Law* 1. *Requirements*: Invasion, rebellion, or imminent danger. 2. *Declaration*: President declares martial law, subject to Congressional review. 3. *Limits*: 60-day duration, renewable with Congressional approval. 4. *Prohibitions*: Arrests without warrant, censorship. *Pardoning Power* 1. *Reprieves*: Temporary stay of execution. 2. *Commutations*: Sentence reduction. 3. *Absolute pardons*: Complete forgiveness. 4. *Conditional pardons*: Forgiveness with conditions. 5. *Limitations*: Impeachment cases, self-pardon. *Assumption of Office* The President assumes office at noon on June 30 following the election. *Supervisory Power* The President exercises administrative supervision over: 1. Executive departments. 2. Government agencies. 3. Local governments. 4. Armed Forces. 5. National police. Can observe and mandate LGUs despite their autonomous status on RA 7160 or the local gov code of 1991. *Presidential Succession Mechanism* 1. *Vice President*: Assumes presidency upon vacancy. 2. *Senate President*: Next in line. 3. *House Speaker*: Third in line. 4. *Cabinet members*: Subsequent succession. *Additional Information* For more details, consult: 1. 1987 Philippine Constitution. 2. Republic Acts. 3. Supreme Court decisions. 4. Official Gazette. Congress: Wielding the Power of the Purse Instant Criticism of Congress i. According to late speaker Ramon Mitra: Congressmen would sign any piece of paper that was passed around – even toilet paper. ii. Common criticism of Congress “Rubber stamp” ◆ to approve an idea, project, law, etc. without examining it carefully first: The board is expected to rubber-stamp the approval next month. used to describe a group or organization that gives approval to ideas, projects, laws, etc. “Legislative railroad” ◆ the process where legislation is pushed through quickly with little debate or opportunity for opposition. It suggests that the legislative process is being "railroaded" or forced along a predetermined track, often to pass a bill in a hurry or avoid scrutiny. ◆ Critics argue that this can bypass the usual checks, limit transparency, and prevent legislators from fully examining the bill’s contents or implications. This process is typically seen as undermining democratic principles, as it limits debate and can marginalize minority voices or opposing views within Congress. “Dominated by clans, landlords, and warlords (OLIGARCHS) - Axiomatic ◆ points to the longstanding belief that power within Congress is concentrated in the hands of elite families and powerful individuals with significant wealth or influence. These figures, often referred to as oligarchs, are said to come from political dynasties or powerful local groups (like landlords and warlords) who have historically controlled political and economic resources in certain regions. Power of Congress 1. Enact Laws Congress makes laws, shaping policies on crime, education, taxes, and more. They draft, debate, and vote on bills, which become laws if approved by both chambers and signed by the President. 2. Conduct legislative Congress investigates public issues or alleged investigations government misconduct, holding inquiries to uncover facts and propose reforms. This is often done through hearings where witnesses and officials may be called to testify. 3. Request heads of department to Congress can summon heads of government appear before it departments to report on their activities, answer questions, or clarify policies. This oversight helps ensure accountability within the executive branch. 4. To act as Board of Canvassers After a presidential election, Congress counts during the presidential election the official votes for the President and Vice President and certifies the results to officially declare the winners. 5. To call for special election for If the offices of both the President and Vice presidency President are vacant, Congress can call a special election to fill the position, ensuring a functioning executive branch. 6. To declare and delegate During crises, Congress may grant the emergency powers President additional powers to act swiftly in managing emergencies, such as public health crises or national security threats. These powers are temporary and subject to limitations. 7. To revoke or extend martial Congress must review any presidential law/writ of habeas corpus declaration of martial law or suspension of habeas corpus. It can approve, extend, or revoke it, safeguarding against abuse of emergency powers. 8. To concur with the presidential When the President grants amnesty to power to grant amnesty individuals involved in specific offenses like rebellion, Congress must agree to legitimize it. This ensures that such pardons align with public interest and national security. 9. To confirm certain appointments Congress reviews and approves presidential made by the president appointments to high offices, including Cabinet members and top judicial officials, ensuring that qualified individuals fill these critical positions. 10. To approve treaties and Major international agreements and treaties international agreement signed by the President must be reviewed and ratified by Congress to be valid, ensuring they serve the national interest. 11. To determine the health of the If questions arise about the President’s ability president to serve, Congress can investigate their health status and, if necessary, declare them unable to continue, transferring duties to the Vice President. 12. To impeach the President, VP, Congress can remove high officials from SC members, CONCOM office, including the President, Vice members and Ombudsman President, and Supreme Court justices, if they commit serious crimes or misconduct, upholding standards of integrity. 13. To allow the utilization of Congress regulates the use of the country’s natural resources natural resources by issuing permits and franchises, balancing development needs with environmental and public welfare. 14. To amend the Constitution Congress can propose changes to the Constitution, but these must be approved by the public in a national vote, allowing citizens to shape the country’s foundational law. Two-Chamber Congress i. House of Senate 24-member Senate Tend to think nationally Requirements: ◆ Natural born citizen ◆ At least 35 years of Age ◆ Able to read and write ◆ Registered voter ◆ Two-year residency ii. House of Representatives Close to 250 members (currently: 318 members) Tend to think of their districts Requirements: ◆ Natural born citizen ◆ 25 years old and above ◆ Registered Voter in the District they are running ◆ Resident therein for not less than 1 year before the day of the election Two Kinds of Representatives i. District Level Single-member districts compete for one seat (winner takes all) ii. Partylist System Elected at large ◆ Party-list representatives are chosen by voters nationwide rather than by district, allowing them to represent broader sectors. Represents their sectors ◆ These representatives are meant to be the voice for marginalized or underrepresented groups in Congress. 2% votes secure 1 seat (max. 3 seats) ◆ To earn a seat, a party must secure at least 2% of the total votes cast in the party-list election. Each qualifying party can win up to three seats. Weak start, low knowledge on this system ◆ The system initially faced challenges, such as limited public awareness and understanding, making it less effective in representing marginalized sectors fully. Impeachment Process i. Fast Track Procedure If an impeachment complaint or resolution is filed by at least one-third (⅓) of all members of the House, the Articles of Impeachment shall be sent to Senate for Trial– Article 2 Section 3, Paragraph 4 in “Rules of Procedures in Impeachment Proceedings” ii. Normal Procedure Each Congress (the present Congress is the 15th of the Republic) adopts its rules for impeachment for each chamber. a. Verified complaint filed by a member of HoR or a citizen. Filed within the office of SecGen and referred to the Speaker b. The Speaker shall include it in the Order of Business within 10 session days. Then shall be referred to the Committee of Justice within 3 session days c. Committee Conducts Hearing > Committee votes if complaint is sufficient in form and in substance. If not sufficient in form; it will be returned the same to the SecGen w/in 3 days with a written explanation of insufficiency (50% + 1). SecGen will return the same with the written explanation to the complaint w/in 3 days from receipt of the committee resolution finding the complaint insufficient in form. If not sufficient in substance; it shall dismiss the complaint and shall submit its report as provided hereunder d. The Committee on Justice refers to the Plenary w/in 60 days. Together with the report, it shall be with the resolution of the committee and be under consideration within 10 days from receipt. e. Plenary Votes (⅓ of the Members) to set forth with the Article of Impeachment. If the resolution is approved by the required vote, it will be endorsed in the Senate. f. House elects its prosecutor > Senate as plenary draft its rules on Impeachment. Then, Senate members will vote on adoption of rules (50% + 1). g. The Senate convenes as the Impeachment court and Trial Stage will commence. Summons the respondent and the subpoenaed shall appear and file an answer. h. The Senate receives testimonies and evidence which will be the basis of the Senators’ questions. i. Submission for voting. If found guilty, he/she will be removed from office and/or permanent disqualification. No impeachment proceedings shall be filed against the same official more than once within a period of 1 year. ❖The Executive Requirements 1. Natural born citizens 2. Registered Voter 3. Able to read and write 4. At least 40 years old 5. 10-year residency i. Salary: 120,000 ii. A candidate for the office spends 3B iii. Huge Political power (constitutional and iv. actual) Executive Power: Head of the State (Cabinets & all Exec Depts) Supervisions over LGU and have Govt Agencies that do not report to other Departments but only in the Office of the Pres M.E.M.P.A–G.SO - Memorandum Orders, - Executive Orders, - Memorandum circulars, - Proclamations, - Administrative orders, - General or Special Orders. E.A.P.M.M.G.SO = EAP-MMG-SO (KAY KUYA CHARLES UG ISMA NI) - Executive Orders, - Administrative orders, - Proclamations, - Memorandum Orders, - Memorandum circulars, - General or Special Orders. ❖ Powers of the President (PAS–MANNY PACQUIAO) Power to Appoint Appoint the heads of the executive departments, ambassadors, other public ministers and consuls or officers of the armed forces from the rank of colonel or naval captain, and the other officers whose appointments are vested in him in this Constitution. Appoint all other officers of the Government whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint As Head of State May contract or guarantee foreign loans on behalf of the Republic of the Philippines Enter foreign Loans Supervisory Power Departments Control of all the executive departments' bureaus and offices Military Powers Shall be the Commander-in-Chief of all armed forces of the Philippines Appointment of other officers lower in rank in the President alone, in the courts, or in the heads of departments, agencies, commissions or board. To suspend the writ of habeas corpus or place the country under martial law (invasion or actual rebellion) Pardoning Powers May grant reprieves, commutations, and pardons and remit fines and forfeitures after conviction b final judgments Power to grant amnesty with the concurrence of a majority of all the Members of the Congress ❖ Impeachment as Basis of Removal (CT-BOB-G) Culpable violation of the constitution Treason Bribery Other high rimes Betrayal of public trust Graft and Corruption ❖ Prohibitions of the President Hold any other office to avoid conflict of interest Divest shareholding to relatives Appoint relatives to Constitutional Commission cabinets, et. Al. Midnight appointment (two months before the next election and up to the end of his term) ❖ President’s Approval or Signature Direct to the President: Promotion of military officials, appointment with the President, President’s Social Fund, President’s speeches The President, through the Executive Secretary: Legal Executive clemency, treasure hunting permit, tax exemptions on foreign donations Decisions on cases from the Department Decision on investigations of public officials with a rank of bureau director higher Holidays Admin cases of public officials Deed of conveyances on behalf of the republic Authority to transfer real property belonging to the national government Execution of contracts on behalf of the Republic General Administration Appointment papers of assistant secretaries