Philippines Politics and Governance PDF

## Politics and Governance ### Lesson 1: Politics and Governance *"Being a President is like riding a tiger. A man has to keep on riding or he is swallowed."* - Harry Truman ### Executive *Execution and enforce laws and policies.* ## President ### Qualifications - Naturalized-born citizen of t...

## Politics and Governance ### Lesson 1: Politics and Governance *"Being a President is like riding a tiger. A man has to keep on riding or he is swallowed."* - Harry Truman ### Executive *Execution and enforce laws and policies.* ## President ### Qualifications - Naturalized-born citizen of the Philippines - Registered voter - Able to read and write - At least 40 years of age on the day of the election - Resident of the Philippines for at least 10 years ### Power 1. **Power control over the executive branch** - Control over executive departments, bureaus, and officers. 2. **Ordinance Powers** - Executive Orders - Administrative Orders - Proclamations - Memorandum Orders - Memorandum Circulars - Special Powers 3. **Power over aliens** - Deportation cases - Change the status 4. **Power of eminent domain, escheat, land reservation and recovery of ill-gotten wealth** - Eminent domain - Power to seize private property for public use with just compensation. - Escheat or revision proceedings - Land transferred - Reserve lands - Reserve any lands for public purposes - Recovery of ill-gotten wealth - Recover properties unlawfully acquired by public officials and employees 5. **Power of Appointment** - Appoint officials of the Philippine Government. 6. **Power of General Supervisions** - Mandate to supervise local government in the Philippines. 7. **Military Power** - Commander in Chief of all armed forces. 8. **Pardoning amnesty power** - May grant reprieves, pardons, and amnesty. - **Pardon** - Exempts individuals on whom it is bestowed from the punishment that the law inflicts for the committed crime. - **Commutation** - Reduction of mitigation of penalty. - **Reprieve** - Postponement of sentence or stay of execution. - **Amnesty** - Restoration of rights 9. **Borrowing Power** - May contact or guarantee foreign laws 10. **Diplomatic Power** - International agreements. 11. **Budgeting Power** - Budget expenditures and sources of financing. 12. **Veto Power** - Refuse to sign a bill. ## Vice President ### Power - Assume a cabinet position. - Assume the presidency in case of death, disability, or resignation for the incumbent President. - Ceremonial function - Representing the government in international affairs. - Advisory function - Constituency function ## Cabinet Secretary ### Positions - The Cabinet: 24 ### Power - Appointed by the President and Approved by the Commission on Appointments. - Alter ego of the President in their respective departments. - Power to issue directives relative to their departments, such as department orders. - Advisors to their President areas. ## Local Government ### Positions - Barangay: Punong Barangay (Barangay Chairman) - Municipality: Municipal Mayor - City: City Mayor - Province: Provincial Governor ### Qualifications - Must be a Filipino citizen. - Able to read and write. - Registered voter in the constituency in the locality. - Resident of the Philippines for a period not less than 1 year. - On the day of election is at least 23 years old for Governor and Vice Governor. - At least 21 years old for Mayor and Vice Mayor. - At least 18 years old for Barangay ### Power - Exercise general supervision and control over all programs, projects and services. - Enforce laws and ordinances. - Ensure the delivery of basic services and the provisions of adequate facilities. - Negotiate, enter into and sign contracts. - Maintain public order. ## Legislative *Propoe, enact, amend and repeal laws or statutes* *Create and make laws in the Philippines* ## Congress of the Philippines ### Upper House - Senate (national): 24 senators ### Lower House - House of Representatives: 250 members - District representatives - Party-list representatives: 20% - Sectoral representatives ## Senate ### Qualifications - Natural-born citizen of the Philippines - At least thirty-five years of age on the day of the election. - Able to read and write. - Registered voter, and a resident of the Philippines for not less than two years immediately proceeding the day of the election. - Term of office: six years, no Senator shall serve for more than two consecutive terms. ### Privileges 1. **Immunity from Arrest** - Cannot be arrested while the congress is in session. 2. **Privilege of Speech and of Debate** - No member shall be questioned nor be held liable in any other place for any speech or debate in the Congress of any committee thereof. - Given full freedom to speak their minds. 3. **Disclosure of Assets** - Disclose all business and finance interest upon assumption of office. 4. **Disqualification to hold other public office** - Prohibited from holding other government offices both at national and local levels including government-owned and controlled corporations. ### Powers #### Two kinds of power 1. **Original legislative power** - Power of sovereign people to enact laws 2. **Derivative power** - Power to enact laws delegated by the sovereign people to their elected representatives which the Philippine Congress #### Power of Appropriation - Act of setting aside money for a specific purpose - Power of congress to authorize the release of public funds from the treasury. #### Power of Legislative Investigation - May conduct inquiries in aid of legislation - Following its duly published rules. - Conduct investigations (controversies or issues) or inquiry in aid of legislation. - Limitations: - For aid of legislation purposes only. - In accordance with duty published rules. #### Power to Declare War - The Congress, by a vote of two-thirds of both Houses in joint session assembled, voting separately, shall have the sole power to declare the existence of a state of war. #### Power to Concur in Treaties and International Agreements - No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the Senate. #### Power of Impeachment - Order to remove an impeachable officer from office. - 1. President - 2. Vice President - 3. Chief Justice of the Supreme Court - 4. Associate Justices of the Supreme Court - 5. Chairman and members of the Independent Constitutional Commission - 6. Ombudsman - Grounds for Impeachment - 1. Treason (pagtatraydor) - 2. Bribery - 3. Graft and corruption - 4. High Criminal Case - 5. Betrayal of public trust #### Power of Taxation - The rule of taxation shall be uniform and equitable. - The Congress shall evolve a progressive system of taxation. - It may impose the following: - 1. Tariff rates - 2. Import and export quotas - 3. Tonnage and wharf age dues - 4. Other duties or imposts - Charitable institutions, churches and personages or convents appurtenant thereto, mosques, non-profit cemeteries, and all lands, buildings, and improvements, actually, directly, and exclusively used for religious: charitable, or educational purposes shall be exempt from taxation. ## House of Representatives ### Qualifications - Natural-born citizen of the Philippines - At least twenty-five years of age. - Able to read and write except for party-list representatives. - Registered voter in the district in which he shall be elected. - Resident thereof for a period of not less than one year. - Term of office: three years. No Member of the House of Representatives shall serve for more than three consecutive terms. ## Law Making 1. A bill will originate from a certain House. 2. A member of the House of Origin will introduce the bill to be calendared for first reading. 3. During the first reading, the bill is read by its number and title. 4. After the 1st reading, it will be assigned to the appropriate committee for its perusal and scrutiny. Public hearing will be conducted. The committee can recommend it for 2nd reading or outright disposal (bill is dead). 5. Calendared the 2nd reading, read the entire bill. 6. After the 2nd reading, open debates and argumentation and the entire membership can fully participate. They can propose amendments or insertions to the bill. 7. After the approval of second reading, printed the final form and distributed to each member of the House. And calendared for 3rd reading. 8. 3rd reading, no amendments shall allowed. Read the title of the bill and proceed in voting. 9. If the bill is approved, it will now transferred to the other House for its approval. 10. The bill will undergo the same process. - If the other House approves the bill, it will be transmitted to the Office of the President for approval. - If the other House disapproves or amend they will exert effort to harmonize their version of the bill. 11. The president can sign it or not (veto) with his objections and return it to the House of Origin. 12. The house will consider the objections but is not obliged to follow the suggestions. Transmitted to the other house for approval. 13. If both houses decided to re-pass the bill, it will have the effect of overriding the veto power. ## RA. 6735 Act Providing for a system of Initiative and Referendum * "The Initiative and Referendum Act" * “Initiative” is the power of the people to propose amendments to the Constitution or to propose and enact legislations through an election called for the purpose. #### There are three (3) systems of initiative, namely: 1. **Initiative on the Constitution** which refers to a petition proposing amendments to the Constitution. 2. **Initiative on statutes** which refers to a petition proposing to enact a national legislation. 3. **Initiative on local legislation** which refers to a petition proposing to enact a regional, provincial, city, municipal, or barangay law, resolution or ordinance. * "Referendum" is the power of the electorate to approve or reject a legislation through an election called for the purpose. It may be of two classes, namely: 1. **Referendum on statutes** which refers to a petition to approve or reject an act or law, or part thereof, passed by Congress; and 2. **Referendum on local law** which refers to a petition to approve or reject a law, resolution or ordinance enacted by regional assemblies and local legislative bodies. #### SEC. 5. Requirements. -To exercise the power of initiative or referendum, at least ten per centum (10%) of the total number of the registered voters, of which every legislative district is represented by at least three per centum (3%) of the registered voters thereof, shall sign a petition for the purpose and register the same with the Commission. ## Judiciary *Interpreting and applying the laws of the country.* *"Our is a government of law and not of men"* ### Structure of the Judicial Department #### Supreme Court of the Philippines - Constitutional court - Highest tribunal - Consists of the Chief Justice - 14 Associate Justices #### Positions and Qualifications - Chief Justice and Associate Justices - Natural-born citizen of the Philippines - Must be at least 40 years old at the time of appointment - Must have at least 15 years of experience as a judge or in the practice of law in the Philippines - Must be of proven competence, integrity, probity, and independence - Justices of the Supreme Court are appointed by the President from a list provided by the Judicial and Bar Council (JBC) #### Court of Appeals - Second in rank - Handles appeals from lower court #### Court of Tax Appeals - Specialized in cases involving tax disputes #### Sandiganbayan - Special court that handles cases involving public officials related to corruption and graft #### Presiding Justice and Associate Justices (Court of Appeals/Court of Tax Appeals) - Natural-born citizen of the Philippines - Must be at least 40 years old - Have at least 10 years of experience as a judge or in the practice of law - Other Qualifications: Similar to those of the Supreme Court, including competence, integrity, probity, and independence. #### Sandiganbayan Justices - Natural-born citizen - Must be at least 40 years old - Must have at least 10 years of experience in law practice or as a judge - Other Qualifications: Same as for the Court of Appeals Justices. #### Regional Trial Courts (RTCs) - General jurisdiction trial courts - Both criminal and civil cases #### Municipal Trial Courts (MTCs) - Local courts - Less serous offenses and civil cases with lower monetary values #### Qualifications for Judges in RTCs and MTCS - Natural-born citizen - Must be at least 35 years old for RTCs - At least 30 years old for MTCs - Must have practiced law in the Philippines for at least 10 years for RTCs and at least 5 years for MTCs - Must possess competence, integrity, and independence ### Power #### Power to Issue Writs ##### Writ of Habeas Corpus - Protects individuals from unlawful detention ##### Writ of Amparo - Protection against abuses, particularly in cases involving extrajudicial killings and enforced disappearances ##### Writ of Habeas Data - Protects the right to privacy by allowing them to request information about themselves that may by held by the government or others, preventing misuse of personal data ##### Writ of Kalikasan - Grants protection related to environmental rights and is issued when environmental damage may threaten life, health, or property #### Power of Contempt - Enforce orders by punishing acts that disrespect the court or obstruct the administration of justice. - Individuals, including government officials, in contempt if they fail to comply with court orders, show disrespect toward the court, or disrupt proceedings. - Civil contempt - Compel a person to comply with a court order. - Criminal contempt - Punish actions that disrespect the court or obstruct justice. #### Power of Impeachment Oversight - Oversees impeachment trials indirectly. - Questions of procedure or legality. - Intervene to interpret the Constitution and laws regarding the impeachment process.