Philippine Politics and Governance Past Paper
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Fjord Gallegos, Clouie Mesias, Gabs Celles
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This document contains notes on Philippine Politics and Governance. It includes introductions to politics, arena, process, government, governing, and governance. The document also includes sections on the functions of the government and the different forms of it
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[POLGOV] | Academics Committee Philippine Politics and Governance (POLGOV) CREATED BY: Fjord GALLEGOS (ACADSCOMM), Clouie MESIAS (ACADSCOMM), Gabs Celles (ACADSCOMM) POLITICS ARENA Activity through which people make, Formalistic view on politics p...
[POLGOV] | Academics Committee Philippine Politics and Governance (POLGOV) CREATED BY: Fjord GALLEGOS (ACADSCOMM), Clouie MESIAS (ACADSCOMM), Gabs Celles (ACADSCOMM) POLITICS ARENA Activity through which people make, Formalistic view on politics preserve and amend the general Limits politics on the state and all its rules under which that live instrumentalities Strategy in maintaining cooperation Only includes the government of the nation among people with diff. needs & ideals in life PROCESS For resolving conflict within groups; Comprehensive view on politics whether it is a family, tribe, village, Includes other institutions within the nation-state society Aristotle: FATHER OF POLITICAL SCIENCE GOVERNMENT Used a scientific approach in the Formal institutions, authority, or functioning study of politics & laid foundations body. He also stated that politics is either An arena positive or negative GOVERNING POSITIVE POLITICS Includes institutions involved with the It is when people feel or are fulfilled government A process NEGATIVE POLITICS It is when the government is corrupt. GOVERNANCE A web that binds the two [POLGOV] | Academics Committee FUNCTIONS OF THE GOVERNMENT: EXECUTIVE A. Constituent This power is vested in the executive B. Ministrant department It is the power to enforce and administer CONSTITUENT FUNCTION laws Maintaining order and security Headed by the President of the Philippines Creating and enforcing laws JUDICIARY MINISTRANT FUNCTION Interprets the meaning of laws and applies Makes projects for public welfare it to individual cases Extending help to the people Decides if laws violate the constitution Headed by the Chief Justice BASIC STRUCTURE OF THE Consists of 14 associate justices GOVERNMENT A. Legislative CHECKS & BALANCES B. Executive Make sure that power is equal among the C. Judiciary three structures. LEGISLATIVE STATUS OF THE GOVERNMENT Authorized to make laws, alter, and A. De Jure repeal them through the power vested B. De Facto in the Philippine Congress. DE JURE “By law” PHILIPPINE CONGRESS Supported by the 1987 Constitution Headed by two leaders: ○ Senate President ○ House Speaker DE FACTO Follows bicameralism “Fake” ○ Upper House (Senate) ○ Lower House (House of CONSTITUTION Representatives) The supreme or highest law of the state/land. [POLGOV] | Academics Committee UNCONSTITUTIONAL INDIRECT When something, particularly a law, Also called “Representative Democracy” does not follow the constitution We (the citizens) elect representatives that serve the interest of the state FORMS OF GOVERNMENT ACCORDING TO NUMBER OF RULERS POSITIVE NEGATIVE Monarchy Despotism or Tyranny MONARCHY Has two types: Aristocracy Oligarchy ○ Absolute ○ Constitutional Democracy Ochlocracy or Mobocracy ABSOLUTE MONARCHY Power is NOT restricted by law FORMS OF GOVERNMENT Monarchy wherein the king or queen ACCORDING TO THE RELATIONSHIP OF makes the laws directly THE EXECUTIVE AND LEGISLATIVE BRANCH CONSTITUTIONAL MONARCHY 01. PRESIDENTIAL Power is LIMITED due to a charter or It is when the Executive is separated from the constitution the Legislative Follows the Doctrine of Separation of ARISTOCRACY Powers “Aristos” meaning “the best” Both are elected directly by people “Cratos” meaning “power” The Philippines has a Presidential form of Powered bestowed to the intellectuals government DEMOCRACY 02. PARLIAMENTARY “Demos” meaning “people” It is when the Executive and Legislative are Has two types: combined ○ Direct & Indirect Follows the Doctrine of Fusion of Powers President is replaced with a Prime Minister DIRECT People directly participating in government [POLGOV] | Academics Committee EXECUTIVE BRANCH A form of government wherein the Local Government has limited power PRESIDENTIAL PARLIAMENTARY Government and Government is BUDGET ALLOCATION state is headed by headed by the Local Government Units give most of their the President Prime Minister revenues to the National Government. Then, the paired by a National Government sets the budget for each Monarch or local unit. President serving as a ceremonial leader 02. FEDERALISM Governmental power is shared between LEGISLATIVE BRANCH the Local and National Government PRESIDENTIAL PARLIAMENTARY BUDGET ALLOCATION Composed of Composed of Senators and Ministers Local Government Units give a small portion of Representatives their revenue to the National Government. With this, LGUs are directly responsible for budget allocation. REMOVAL FROM OFFICE PRESIDENTIAL PARLIAMENTARY IMPORTANT NOTES! Impeachment Vote-of-no- The heads of Local Government Units confidence (LGUs) are granted executive powers LGUs can make ordinances or resolutions, but NOT laws. FORMS OF GOVERNMENT ACCORDING TO THE DISTRIBUTION OF POWERS 01. UNITARY Government power is centralized on the national government [POLGOV] | Academics Committee FORMS OF GOVERNMENT “Ideologie” meaning “science of ideas” NON-DEMOCRATIC Term was coined by Destutt de Tracy 01. AUTHORITARIAN POLITICAL IDEOLOGY Concentration of power to one ruler or Set of ideas that are combined in a variety dictator with ill-defined power of ways to guide, inspire, or incite people to Presence of limited pluralism political action Usually, in a normal government, the leader can only be in position for 6 CHARACTERISTICS OF POLITICAL IDEOLOGIES (BEYWOOD, 2003) years. However, in this type of government, their stay is undefined. 1. It offers lenses for the socio-political Dissent and/or anti-regime activities are suppressed. condition of a state, often in the form of a worldview. 2. It provides a model of a desired future, a 02. TOTALITARIAN vision of a good society. A one-party state, usually led by an 3. It outlines how political change should and all-powerful leader can be brought about. Presence of one political ideology A system of terroristic policing Presence of press censorship or THE DIFFERENT POLITICAL IDEOLOGIES monopoly of the means of mass communication 01. LIBERALISM Gives importance to the fulfillment of the PLURALISM individual through the satisfaction of his interest. A situation wherein the government allows a degree of political diversity An individual approach where everyone’s and competitions needs are honored. It is controlled by limited ruling CHARACTERISTICS OF LIBERALISM 1. Fulfillment of the individual through IDEOLOGY satisfaction of his/her interest A set of related ideas or a systematic 2. Individuals are equipped with reason and group of concepts and beliefs about has equal opportunities culture, society, and human life 3. Greatest latitude of freedom Originated from French 4. Upholds meritocracy [POLGOV] | Academics Committee MERITOCRACY Believes that authority is social cohesion; Giving merits based on one’s we need ONE strong leader to serve. contribution/s 03. SOCIALISM LIBERAL DEMOCRACY Opposes capitalism TWIN VALUE Proposes an alternative which is perceived A. CONSENT to be more human and equitable Freedom to decide or choose An ideology wherein everyone has the right B. CONSTITUTIONALISM to own personal assets Presence of laws 04. COMMUNISM TYPES OF LIBERALISM Based on common ownership Aims to establish a society that is classless MODERN LIBERALISM and egalitarian Also known as “Neo-Liberalism” Gives state the control over economic It believes that if individuals are not resources subject to regulation, there might be injustices. Therefore, the state must 05. ANARCHISM intervene to protect them from social Based on the belief that government and evils. laws are NOT NECESSARY, and that Believes that unregulated capitalism personal autonomy is a MUST. will give rise to injustice The absence of government So far, there is no existing country that CLASSICAL LIBERALISM applies this ideology, and if ever there is, it It does not encourage the inference of will most likely be unsuccessful. the state on individual life as humans can take care of themselves. 06. FASCISM Fueled by extreme nationalism 02. CONSERVATISM It promises the birth of a new, stronger, and The desire to preserve institutions greater society, stripped from all of its reflected in its resistance or suspicion weaknesses to change. Believes in a Messianic leader (someone who Preserves status quo will save them) [POLGOV] | Academics Committee NATURE OF POWER DIMENSIONS OF POWER POWER OVER POWER AS DECISION MAKING The ability to dominate one another Involves the ability to control or influence in or a group of people an open and direct way. Often seen negatively because it is A concrete example would be the associated with force, threat, coercion, government making decisions on behalf of discrimination, corruption and abuse. the people. POWER TO POWER AS AGENDA SETTING It is the unique potential of every Can be seen as not just about decision person to shape his or her life and making. world. It is about preventing decisions being It describes the ability of a made or reducing the choices which can person/group to do something on be made. one’s own resources: intellect, resources, knowledge, stamina, and POWER AS PREFERENCE SHAPING etc. It works by influencing how individuals think about their place in the world. POWER WITH This shapes people’s beliefs, sense of self, Similar also to “Power to” since it is and acceptance of their own superiority or based on mutual support, solidarity, inferiority. and collaboration. It reflects the ability to work with BASES OF POWER others to get something done by cooperation. REFERENT POWER Comes from the power people holder’s POWER WITHIN ability to persuade or influence others. Has to do with a person’s sense of self-worth and self-knowledge. EXPERT POWER Includes the ability to recognize Derived from the holder’s specific skills or individual differences while expertise. respecting others. [POLGOV] | Academics Committee LEGITIMATE POWER PSYCHOLOGICAL FACTORS Comes from the power holder’s Refers to habits and attitudes toward position and duties within an obedience and submission, usually given organization. voluntarily COERCIVE POWER MATERIAL RESOURCES Arises from the power holder's ability The degree to which a person controls to punish or penalize an organization. property, natural resources, financial resources, the economic system, the REWARD POWER means of communication, and transportation. Comes from the power holder’s ability to give something of value, such as money, responsibility or praise. SANCTIONS The punishment for not rendering SOURCES OF POWER obedience 01. AUTHORITY FUNDAMENTAL POWERS OF THE STATE It is the right to enforce obedience POLICE POWER without question and it exists without POWER OF EMINENT DOMAIN the imposition of sanctions. TAXATION POWER Authority usually has legal bases. NOTE: These powers are considered INHERENT because they belong to the very essence of 02. HUMAN RESOURCES government. Without them, no government can It refers to the number of persons who exist. willingly render obedience and cooperation to someone. 01. POLICE POWER Outpaces the other two powers. It regulates 03. SKILLS, KNOWLEDGE, AND TALENTS not only property, but also the liberty of Someone assumes power because persons. he/she is believed to have expertise Considered the most pervasive, at least on something or has special abilities limitable, and the most demanding of the three powers. [POLGOV] | Academics Committee It may be exercised as long as the activity 02. POWER OF EMINENT DOMAIN or property sought to be regulated has It is the power of the state to forcibly some relevance to public welfare. acquire the needed property. In order to devote it to the intended public use, upon payment of just STATE, NATION, AND GLOBALIZATION compensation. NATION Originated from the word “Nasci” meaning “born” Has a racial, ethnic, and cultural meaning Community of people linked by ties of blood and relationships It is where people share a common 03. TAXATION POWER language, history, or literature. It is the process in which the government, through its legislative ELEMENTS OF A NATION branch, imposes and collects revenues. SHARED SIMILARITIES To defray necessary expenses of the May be demographic characteristics like government, and to be able to carry language, descent, and religion. out, in particular, any and all projects May be common culture or historical that are supposed to be for the experiences. common good. Simply put, taxation is the method by FEELING OF COMMUNITY which these contributions are It is when people feel connected even if exacted. they are dispersed Arises from the need for cohesion and aspiration to belong to a homogenous community [POLGOV] | Academics Committee CLASSIFICATION OF A NATION ○ Should be able to do self-perpetuation (reproduction) 01. ETHNIC NATION Entity united based on ethnicity 02. TERRITORY Does not require the occupation of a A portion of earth occupied and inhabited particular territory by the people Should be permanent and specific in its 02. TERRITORIAL NATION dimension Grouped into a territory The United Nations Convention on the Law People may vary in culture and of the Sea (UNCLOS) was created to define traditions the rights and responsibilities of countries over their territories. STATE A political or legal group; nation’s COMPONENTS OF TERRITORY counterpart Refers to a community of persons AERIAL DOMAIN permanently occupying a definite Refers to air space above the land and the portion of territory, having a waters government of their own and enjoying freedom from external control TERRESTRIAL DOMAIN Refers to fixed portion of the land over ELEMENTS OF THE STATE which the jurisdiction of the state extends 01. PEOPLE FLUVIAL & MARITIME DOMAIN The most important element of the Refers to bodies of water within, between, state and around the lands Also known as “population” or “inhabitants” WAYS OF ACQUIRING TERRITORY There is no definite number of people set for a state, however, the state: A. DISCOVERY & OCCUPATION ○ Should have enough number of Oldest method people to perform functions of Intentional acquisition of the territory the state which is NOT owned by any state. [POLGOV] | Academics Committee B. PRESCRIPTION 04. SOVEREIGNTY Continued occupation of a territory The ability of the state to self-rule or to over a long period of time govern itself and is free from any foreign There is no standard year for this, control however, scholars argue that Prescription should last for 50 years. TYPES OF SOVEREIGNTY C. SUBJUGATION & ANNEXATION A. INTERNAL (Domestic) The use of force The ability to enforce rules and policies Manifested in conquest or within its territories or jurisdiction colonization So long as these laws do not trample the Conquered territories are annexed by constitution the conquerors to their state B. EXTERNAL (International) D. CESSION The freedom of the state from external Transfer of territory, usually by treaty, control from one state to another May also be in the form of exchange ELEMENTS OF SOVEREIGNTY of territory or in the form of a gift, donation, or devise. A. DOMINIUM The ability of the state to own and acquire E. ACCRETION lands and resources within its territory Adding portions of territory through human labor or natural activity B. IMPERIUM (avulsion) The ability of the state to enforce its will on the people 03. GOVERNMENT A mechanism of the state through THEORIES ON THE ORIGIN OF THE STATE which the will of the people is expressed, formulated, and carried 01. DIVINE ORIGIN THEORY out. The oldest theory of the state The “Working Arm” of the state Believes that the state was God’s creation and the leaders were appointed by Him [POLGOV] | Academics Committee The basis of divine rights of the As an entity, its strength relies on the fusion monarchs of both the cultural and political aspects 02. FORCE THEORY POLYSTATE NATION & MULTINATIONAL STATE Believes that the state was a product A state containing national plurality in a of continuous warfare and conquest particular form. The conquerors become the leaders Whereas a national minority is only within while the conquered becomes the the state forming a kind of internal state. subordinates STATELESS NATION 03. SOCIAL CONTRACT THEORY Large group of people who share a Believes that the state is created as a common cultural identity, and who result of man’s entering into a occupy their traditional homeland. contract which lessens his freedom They do not enjoy political independence, and privileges often finding themselves divided In return, he will be provided what he geographically among multiple states. needs Pioneered by John Jacques Rousseau PRE-COLONIAL POLITICS 04. EVOLUTION THEORY BARANGAY Believes that the state came from Type of early Filipino settlement families that group into bigger groups The word is derived from “balangay”, the of people such as tribes and name for the sailboats originally brought community settlers of Malay stock to the Philippines from Borneo. ELEMENTS OF A NATION SOCIAL STRATIFICATION NATION-STATE Maharlika - Families of the Datu/Elites or The integration of the state and the Warriors nation Timawa - Free man/ordinary It would exist if nearly all the members Aliping Namamahay - Slaves with a bit of of a single nation were organized in a freedom single state. Aliping Sagigilid - Without liberty/Fully Slaves [POLGOV] | Academics Committee PRE-COLONIAL LAWS PHILIPPINE GOVERNMENT UNDER THE SPANISH RULE CODE OF KALANTIAW A legal code by Datu Kalantiaw SPANISH GOVERNOR-GENERAL Contains rules that cite cruel The highest-ranking ruler during the punishments to crimes done by a Spanish rule who served as the person. representative of the King of Spain in the EX: tying a person to a stone and Philippines CUMPLASE — He can use this discretion to drowning him/her on a river decide on what policies should be implemented in the Philippines POWERS OF A DATU A. Executive — supreme authority; Powers of the Philippine leader of the military; establishes Governor General relations with other barangays B. Legislative — create laws with the EXECUTIVE POWERS help of the council of elders Can direct government activities in the C. Judiciary — serves as the prime country judge during a trial, presides the He can also appoint minor officials in the trial along with the council of elders government, including parish priests. He was also the commander-in-chief of PROCESS OF APPROVING A LAW the armed forces DATU — Recommends or proposes the law JUDICIAL POWERS COUNCIL OF ELDERS — Reviews and The governor-general can bring political decides whether the proposed law will and administrative power directly to the be approved or not Audiencia or the judicial body UMALOHOKAN — Announces the newly approved law to the barangay. AUDIENCIA - Highest court in so far as civil and criminal cases were concerned and can be related to our supreme court in the present. - Also audited the finances of the government. [POLGOV] | Academics Committee Legislative Powers Hispanicization of Names To a certain extent, the Governor-General Narciso Claveria governor-general can make laws authored the “Catálogo Alfabético de himself. Apellidos” (contained Spanish surnames) He can issue orders with the force of law, which are called ‘superior Tributo decrees’. Tax to be paid or given. Decrees or orders coming from the King of Spain were called Royal decrees or orders. SPANISH POLICIES IN THE PHILIPPINES I. Hispanicization of Names LEADER OF Governor-General Narciso Claveria LOCAL GOVERNMENT UNITS authored the “Catálogo Alfabético de Apellidos” (contained Spanish surnames) ALCALDE MAYOR They control or handle Provinces or II. Tributo Alcaldias Tax to be paid or given. GOBERNADORCILLO III. Encomienda System They handle Towns or Pueblos Land given by the King and Queen of Spain CABEZA DE BARANGAY IV. Polo Y Servicio They handle Barangays Forced service or labor CORREGIDOR V. Bandala System Leaders of the Corregimiento Monopoly systems that force indigenous people to sell their products to the CORREGIMIENTO government, usually offer unfair market Unclassified/Military areas of the prices. Philippines [POLGOV] | Academics Committee SOCIAL CLASSES NOTABLE ACTS OF THE AMERICANS 1. Peninsulares – Spaniards born in The American Governor-General was given Spain but moved to the Philippines the legislative power as the President of the 2. Insulares – Spaniards born and living Philippine Commission in the Philippines UPPER HOUSE – Philippine Commission 3. Mestizo – Half-blood LOWER HOUSE – Philippine Assembly 4. Principalia – Wealthy native Filipinos 5. Indio – Native Filipinos PHILIPPINE ORGANIC ACT OF 1902 Also known as the “Philippine Bill of 1902” BIAK NA BATO or the “Cooper Act” November 1, 1897 The first organic law enacted by the US The Biak na Bato Republic was Congress for the Philippine Government established by Emilio Aguinaldo Took effect for two years only PHILIPPINE AUTONOMY ACT OF 1916 Also known as the “Jones Law” REVOLUTIONARY GOVERNMENT Removed the Philippine Commission as General Aguinaldo established a the legislative upper house and replaced it dictatorial government when he with a Senate elected by Filipino voters. returned from his exile in Hong Kong Created the Philippine’s first fully elected Major accomplishment was the national legislature proclamation of the Philippine Independence HARE-HAWES CUTTING ACT The precursor (predecessor) of AMERICAN OCCUPATION Tydings-McDuffie Act which laid down the promise of independence to the Philippines Established a Military Government in the Philippines after 10 years of transition period American Military Governor – headed However, it was not ratified and only the Philippine Government where he became the basis for the creation of the exercised all the powers of the Tydings-McDuffie Act because of the government. infighting within the Philippine Congress Spooner Amendment – changed the Military Government into a Civil Government [POLGOV] | Academics Committee JAPANESE RULE The said constitution provided for a Established military rule on January 3, presidential and unitary system, wherein 1943 the president will be directly elected by the A civil government which was called people and will serve for 4 years (max. Of 2 the Philippines Executive terms) Commission From 1946 to 1961, Independence Day was An independent judicial body celebrated on the 4th of July composed of the Supreme Court and lower courts was also created May 12, 1962 – Pres. Diosdado Macapagal The Second Republic of the Philippines, issued Proclamation No. 28 s. 1962 also known as the Japanese declaring June 12 as Independence Day Sponsored Philippine Republic, was established on October 14, 1943 1964 – The Congress passed Republic Act No. 4166 which formally designated June 12 of every year as the date on which Philippine Independence would be THE SECOND REPUBLIC OF celebrated THE PHILIPPINES 1943 – A new Constitution was drafted Since then, July 4 has been observed as a by a committee appointed by the Republic Day Philippine Executive Commission during puppet society MARTIAL LAW (THE FOURTH REPUBLIC) The Legislature consisted of a Under Marcos’ Administration, a new unicameral National Assembly and Constitution was adopted in 1973. This only those considered to be Anti-US introduced a Parliamentary-style could stand for election Government Although in practice, most legislators were appointed rather than elected. Legislative power was vested in a Unicameral National Assembly whose members were elected for 6-year terms POST-WAR PERIOD (THE THIRD REPUBLIC) The structure of post-war Philippine politics and government was founded on the 1935 Constitution [POLGOV] | Academics Committee There will be a bicameral legislature Public Advocacy composed of the Senate and the Constituency Building House of Representatives (also directly Government Oversight elected by the people) The 4th Republic covers the ARTICLE 06: The Legislative administration of Pres. Ferdinand Department Marcos and Pres. Corazon Aquino SECTION 01 PRESENT (THE FIFTH REPUBLIC) The legislative power shall be vested in the Covers the presidency of Pres. Cory Congress of the Philippines which shall Aquino up to Pres. Rodrigo Duterte consist of a Senate and a House of Representatives During this period, the Philippines uses the 1987 Constitution SECTION 02 February 8, 1987 – The constitution The Senate shall be composed of 24 was ratified by a nationwide plebiscite Senators elected by qualified voters THREE GREAT POWERS SECTION 03 The power to Create Laws Qualifications of a Senator: The power to Implement Laws ○ Natural-born Filipino citizen The power to Interpret Laws ○ At least 35 years old on the election day TRIAS POLITICAL MODEL ○ Able to read and write Legislative ○ A registered voter Executive ○ A resident of the Philippines for not Judiciary less than 2 years immediately preceding the day of the election LEGISLATIVE Authorize to make laws, alter, and SECTION 04 repeal them through the power vested Senators’ term of office shall be 6 years in the Philippine Congress and they shall not serve for more than 2 consecutive terms FUNCTIONS: Lawmaking [POLGOV] | Academics Committee SECTION 05 ○ A resident thereof for a period of not The House of Representatives shall be less than one year immediately composed of not more than 250 preceding the day of the election members SECTION 08 20% of the total members of the House The election of Senators and members of of Representatives in the Philippines the House of Representatives shall be held must come from "party-list" on the 2nd Monday of May representatives. People from religious groups are not SECTION 09 allowed to be part of these party-list In case of vacancy in the Senate or in the representatives. House of Representatives, a special election may be called to fill the position Every city that has at least 250,000 The person elected will only serve for the people, or every province, must have remaining time left in the term of the at least one representative in person they are replacing, not a full term. Congress. Every time a census is completed SECTION 11 (which happens every few years), Senators and Members of the House of Congress has 3 years to adjust the Representatives cannot be arrested for boundaries of the legislative districts. crimes that carry a punishment of 6 years or less while Congress is in session. SECTION 06 Qualifications of a Member or the SECTION 13 House of Representatives: Senators and Members of the House of ○ Natural-born Filipino citizen Representatives are prohibited from ○ At least 25 years old on the day holding any other government job or of the election position in a government-owned ○ Able to read and write corporation during their term, unless they ○ Except the party-list forfeit their seat. representatives, a registered voter in the district in which he shall be elected [POLGOV] | Academics Committee SECTION 16 For a bill to become a law, it must be read They must elect their own leaders. The three times on different days. After the Senate chooses a Senate President, final reading, no changes can be made to while the House of Representative the bill, and a vote must be done elects a Speaker. immediately. SECTION 18 SECTION 27 The Commission on Appointments is After Congress passes a bill, it must be sent composed of the following: to the president before it can become a ○ Senate President law. ○ 12 Senators If the President agrees, he/she will sign; if ○ 12 Representatives not, he/she can veto it and send it back to This commission reviews and the House where it was proposed, along approves appointments made by the with his/her reasons for rejecting it President of the Philippines. They must make a decision within 30 The House must record the President’s days, and rulings are decided by a objections in its official journal and discuss majority vote from all the commission the bill again to decide whether to attempt members. to reconsider it SECTION 23 SECTION 29 Only the Congress has the power to The government cannot give funds to declare a state of war. religious organizations or individuals, For this to happen, two-thirds of both except in specific situations related to the Senate and the House of military or social services. Representatives must vote in favor during a joint session. EXECUTIVE The power to administer laws or carrying SECTION 26 them into practical operation, and Every bill passed by the Congress enforcing their due to observance must focus on one main topic, and it Consists of the President and Vice should be clearly stated in the bill’s President, as well as the Cabinet title. [POLGOV] | Academics Committee FUNCTIONS: The President may appoint the following: Enforcing Laws ○ Heads of Executive Departments Policy Implementation ○ Ambassadors, other public ministers Diplomacy and consuls Administrative Functions ○ Officers of the armed forces from the rank of Colonel or Naval Captain ARTICLE 07: THE EXECUTIVE ○ Other officers whose appointments are vested in him in this constitution DEPARTMENT SECTION 17 SECTION 01 Also known as “Power of Control” The executive power shall be vested in The President shall have control of all the the President of the Philippines executive departments, bureaus, and offices. He/she shall also ensure that laws SECTION 02 are faithfully executed. Qualifications: ○ Natural-born Filipino citizen SECTION 18 ○ Registered voter Also known as “Military Power” ○ Able to read and write The President shall be the ○ At least 40 years old on the day Commander-in-Chief of all armed forces of election of the Philippines ○ Resident of the Philippines for at This power also includes: least 10 years immediately ○ Ability to call out armed forces to preceding such election prevent lawless violence, invasion, or rebellion SECTION 04 The President and the Vice-President ○ Suspend the privilege of the Writ of shall be elected by direct vote Habeas Corpus or any part thereof This is for a term of 6 years under Martial Law The President shall not be eligible for any re-election MARTIAL LAW SECTION 16 In case of invasion or rebellion and when Also known as “Power of the public safety requires it Appointment” [POLGOV] | Academics Committee When declared, the following must be observed: SECTION 22 The President shall submit a report (in Also known as “Budgetary Power” person or in writing) to the Congress The President is allowed to take out loans within 48 hours from the from foreign lenders or guarantee loans for proclamation of Martial Law the country However, before this, he/she must get It shall not exceed 60 days approval from the Monetary Board. There The Congress may extend such are also legal limitations. proclamation or suspension for a period (to be determined by them as JUDICIARY well) if the invasion or rebellion shall Interprets the meaning of laws, applies it to persist and public safety needs it individual cases and decides if laws violate the constitution WRIT OF HABEAS CORPUS Consists of the Supreme Court and lower Temporary suspension of a person’s courts constitutional right to challenge unlawful detention or imprisonment FUNCTIONS Judicial Review SECTION 20 Dispute REsolution Also known as “Foreign Loan” Protection of Rights The President can borrow money from foreign lenders, but only if the ARTICLE 08: THE JUDICIAL DEPARTMENT Monetary Board agrees beforehand. SECTION 01 SECTION 21 The judicial power shall be vested in one Also known as “Treaty” Supreme Court and in such lower courts No treaty or international agreement as may be established by law shall be valid and effective unless agreed in by at least two-thirds of all SECTION 02 the members of the senate The Congress shall have the power to define, prescribe, and apportion the jurisdiction of the various courts but may not deprive the Supreme Court of its [POLGOV] | Academics Committee jurisdiction over cases enumerated in Section 5 different locations for up to 6 months SECTION 03 ○ Appoint all officials and employees Ensures that the Judiciary has its own within the judiciary according to the fiscal autonomy. rules set by the Civil Service Law. The amount of money allocated for SECTION 06 the Judiciary cannot be decreased by The Supreme Court shall have the Legislative branch compared to administrative supervision over all courts what was given the previous year. and the personnel thereof Once the budget for the Judiciary is approved, the funds must be released SECTION 07 automatically and consistently No person shall be appointed member of the Supreme Court or any Lower Collegiate SECTION 05 Court unless: The Supreme Court shall have the ○ A natural-born Filipino Citizen following powers: ○ At least 40 years old ○ Authority to directly hear and ○ Must have been a Judge of a lower decide important cases court or engaged in the practice of involving ambassadors and law in the Philippines for 15 years or public ministers, as well as more. certain legal petitions The Congress shall prescribe the Qualifications of Judges of Lower Courts, ○ Ability to examine and change but no person may be appointed judge final decisions made by lower thereof unless he is a citizen of the courts in specific cases Philippines and a member of the Philippine including situations where the Bar. constitutionality or validity of treaties, laws, etc. are being A member of the Judiciary must be a challenged. person of proven competence, integrity, probity, and independence ○ Ability to temporarily assign judges from lower courts to [POLGOV] | Academics Committee SECTION 08 This list is prepared by the Judicial and Bar A Judicial and Bar Council is hereby Council for every vacancy. Such created under the supervision of the appointments need no confirmation Supreme Court composed of the: ○ Chief Justice as Ex Officio SECTION 11 Chairman Supreme Court justices and judges of lower courts can keep their positions as long as ○ Secretary of Justice they behave well, until they turn 70 years ○ A Representative of the old, or until they can no longer perform Congress as Ex Officio Members their duties. ○ A Representative of the The Supreme Court, acting as a whole, has Integrated Bar the authority to discipline lower court ○ A professor of Law judges or dismiss them if a majority of the Justices who participated in the ○ A retired member of the discussions on the case agree. Supreme Court ○ A Representative of the Private SECTION 14 Sector Every court decision must clearly explain the facts and laws that support it. The Council shall have the principal If a court denies a request to review or function of recommending reconsider a decision, it must provide the appointees to the Judiciary. It may legal reasons for that denial. exercise such other functions and duties as the Supreme Court may assign to it. SECTION 09 Members of the Supreme Court and Judges of the Lower Courts shall be appointed by the President from a list of at least 3 nominees