Introduction

Political science
• The systematic study of state and the government
• Basic knowledge and understanding of the state and the principles and ideals
which under lie its organization and activities
• Deals with the relations among men and groups which are subject to control by
the state, with the relations of men and groups to the state itself and with the
relations of the state to other states.
Scope of Political Science
• Political Theory
• Public Law
• Public Administration
• International Law
• International Organizations
• Others
Interrelationship with other branches
• History
• Economics
• Geography
• Sociology and anthropology
• Psychology
• Philosophy
• Statistics and logic
• Jurisprudence
Function and Importance of Political Science
• To discover the principles that should be adhered to in public affairs.
• To study the operations of government in order to demonstrate what is good,
criticize what is bad or inefficient and to suggest improvements.
Goal in the study of Political Science Courses
• Education for citizenship
• Essential parts of liberal education (democracy)
• Knowledge and understanding of government.
Philippines
• The Pearl of the Orient Seas
• Most ethnically diverse country in Asia
• One of the two predominantly Christian countries in Asia (Timor-leste)
• An archipelago located in SEA, situated along “pacific ring of fire”
• 7,107 islands
 o Luzon (Region I to V, NCR, and CAR)
o Visayas (Regions VI to VIII)
o Mindanao (Regions IX to XIII and ARMM)
• Capital: Manila
• Largest City: Quezon City (population), Davao City (land area)
• Language: Filipino, Currency: PH peso, Staple food: Rice, National Anthem:
Lupang Hinirang
• Motto: “Maka-diyos, Maka-tao, Maka-kalikasan, Maka-bansa”
Filipino
• They are unique in the world for they four intermingled cultures – Latin,
European, American, and Asian.
• But basically, they are still Malays.
• Aka Pinoy or Pinay
• The Philippines is the world’s twelfth most populous country.
Traits
• Hospitable
• Close Family Ties
• Respect for elders
• Fatalistic: “Bahala na”
• Tardy: “Filipino Time”
• Indolent
• Curious: “Uzi”
• Debt of Gratitude: “Utang na Loob”

Pre-Colonial
• Barnagay
o Maharlika (Chief and Elders)
o Timawa
o Alipin (Namamahay and Sagigilid)
• Trial-by-Ordeal
• Laws: Customary or Written.
• Colonial Government
o King of Spain
o Consejo de las Indias
o Governor-General
o Alcalde-Mayor and Corregidores
o Gobernadorcillo
o Cabeza de Barangay
• Real/Royal Audiencia
Spanish Era
• Revolutionary period
o Katipunan Government
o Biak-na-bato republic
o Dictatorial Government (May 23, 1898)
o Revolutionary Government (June 29, 1898)
• Malolos Republic
American Era
• Military Government
• Civil Government
o Jones Law of 1916
o Cayetano Arellano
o Veto Power
• Commonwealth Government
Japanese Era
• Philippine Executive Commission.
• Japanese-Sponsored republic of the Philippines.
Post Colonial
• Republic of the Philippines
• July 4, 1946
• “Third Republic”
Five Republics
1. Malolos
2. Puppet Government
3. 1946 (under 1935 constitution)
4. Modified Parliamentary (1973 Constitution)
5. Present: 1987 Constitution.

State - a community of persons permanently occupying a definite portion of territory,

having a government of their own to which they render obedience, and enjoying
freedom from external or outside control.

Elements of State
1. People
• Inhabitants
• Voters – Suffrage may be exercised by all citizens of the Philippines. He
must be:

a. A citizen of the Philippines

 b. Not otherwise disqualified by law

c. At least 18 years of age

d. Have resided in the Philippines for at least 1 year and in the place
wherein he proposes to vote for at least 6 months preceding the election.

• Citizens – The following are the citizens of the Philippines:

a. Those who are citizens of the Philippines at the time of the adoption of
this constitution.

b. Those whose mothers OR fathers are citizens of the Philippines.

c. Those born before January 17, 1973, of Filipino mothers, who elect
Philippine citizenship upon reaching the age of majority.

d. Those who are naturalized in accordance with law

Jus sanguinis – citizens by birth because of blood relationship

Jus soli – citizenship by place of birth

2. Territory - refers to the defined geographical area. It includes not only the land
over which the state exercises control, but also the rivers and lakes therein,
certain area of the sea which borders on its coasts, and the air above them.

Exclusive Economic Zone (EEZ) - is an area which is beyond, and is adjacent to, a
given country's territorial seas, and extends no more than 200 nautical miles (370
kilometers) out from a country's own coastlines. The area which is under the EEZ of a
state gives them full rights to explore and exploit the marine resources in its adjacent
continental shelf.

Philippine Area of Responsibility (PAR) - is an area in the Northwestern Pacific where

PAGASA, the Philippines' national meteorological agency, monitors weather
occurrences.

Archipelagic Doctrine - is a legal principle wherein an archipelago is to be regarded as

a single unit, such that the waters around, between, and connecting the islands of the
archipelago, irrespective of their breadth and dimensions, form part of the internal waters
of an archipelagic state and are subject to its exclusive sovereignty.

3. Government - the agency through which the will of the state is formulated,
expressed, and carried out.
 4. Sovereignty - supreme power of the state to command and enforce obedience
from its people as well as to have freedom from foreign control.
● Internal sovereignty - freedom or power to rule within its territory
● External sovereignty - freedom or power to carry out its activities without
control by other states.

Inherent Powers of the State

1. Police Power - power of promoting the public welfare by restraining and
regulating the use of both liberty and property of all the people. It may be
exercised only by the government.
2. Eminent domain - the power of the state to forcibly take private property for
public use upon payment of just compensation.
3. Taxation - the power by which the state exacts enforced proportional
contribution from the people, property and exercise of a right within its territory to
raise revenue for the purpose of defraying the necessary expenses of the
government.

Philippine Government
- As to the number of persons exercising power: representative Democracy (aka
Republican)
- As to the extent of powers exercised by the national government: Unitary.
- As to the relationship between the executive and legislative: Presidential

Sovereignty
- Section 1, Article II
“The Philippines is a democratic and republican state. Sovereignty resides in the
people and all government authority emanates from them.

Three Branches of Government

1. Legislative (Article VI)
• Upper House: Senate
• Lower House: House of Representative
2. Executive (Article VII)
• President
• Vice-President
• Cabinet
3. Judiciary (Article VIII)
• Supreme Courts
• Lower Courts
Article VI: LEGISLATIVE DEPARTMENT

Legislative powers

• Given to our national law-making body which is the Congress.

• the authority and power of the congress to make laws, amend and repeal it.

Congress – bicameral

Senate (Upper house chamber)

• shall be composed of 24 senators.

• Qualifications

● Natural born Filipino citizen.

● At least 35 years of age on the day of the election
● Able to read and write.
● A registered voter
● Resident of the Philippines for not less than 2 years

● Terms: 6 years every term (no limit as to the number of years one can serve as
senator; however, he is not allowed to serve for more than 2 consecutive terms;
there should be an interval or break before running again = 6 years, 2
consecutive terms.
● Voluntary renunciation means no interruption in the continuity of his service;
he is considered to serve for the whole 6 years.

House of Representatives (Lower house chamber)

● Shall be composed of not more than 250 members (subject to change due to
population)
● Shall be elected from legislative districts among the provinces, cities, and
through a party-list system or registered organizations.
● Party list – shall constitute 20% of the total number of representatives
● Qualifications

● Natural born citizen

● At least 25 years of age on the day of the election
● Able to read and write.
● Registered voter
● Resident of the PH for not less than 1 year
 ● Terms: 3 years; Not allowed to run for more than 3 successive terms; there
should be a break or interval = 3 years, 3 consecutive terms

No senators or member of the house may hold any office in the government.

Incompatible office – any other office within the government. He can accept any
office, but he has to give up his seat in the congress (members are expect to
devote their attention to their duties and obligations)

Forbidden office – any office created or the salary of which has been increased
by law. No senators or members of the house can be appointed to this office
even if he resigns or even after his term (avoid the temptation of approving such
a law for personal gain)

Commission on Appointments

● Has the task of approving a president’s appointments to important positions in

the government
● 25 members; Senate President as the chairman, 12 from the Senators and 12
from the House of rep

People as Law Makers

● Initiative - the power of the people to propose and enact laws at polls called for
this purpose independently of congress or the local lawmaking body
● Referendum - the process by which any law or part of a law passed by
Congress or any local lawmaking body is presented to the people for their
approval or disapproval.

A bill can become a law if:

1. With the approval and signature of the president

2. When the president uses his veto power and return the bill (with his objections) to
the house where it originated. The bill will then be reconsidered, and if approved
by two thirds of all the members of both houses (voting separately) it shall
become a law
3. If the president does not communicate his veto for 30 days

In the ppt

1. Bills pass into law when they are approved by both Houses and the president of
the Philippines
 2. A bill may be vetoed by the president, but the house of representative may
overturn a presidential veto by garnering a 2/3rds vote.

Veto power – the power of the president to disapprove bills passed by the congress

Article VII: EXECUTIVE DEPARTMENT

Executive powers
● given to the president of the Philippines (Sec1, Article VII); he has the power to
administer the laws; enforcing them and ensuring that they are duly followed.
● Powers:
● Executive Powers
● Judicial powers (granting pardon)
● Military Powers (Commander-in-chief)
● Legislative powers
● Foreign Affairs Powers
● Political Powers (Power of Appointment)

Powers of the president

● Executive powers – the power to carry out or enforce laws; and make
appointments
● Judicial powers – pardon persons convicted of criminal offenses by the court
● Military powers – president as the commander in chief
● Legislative powers – to approve or veto bills passed by the congress
● Foreign affairs powers – carrying our relationships with other countries;
negotiating or make treaties with other foreign countries
● Political powers - powers of appointment

Qualifications for President and Vice-President

● Natural born Filipino citizen
● Registered voter
● Able to read and write
● At least 40 years of age on the day of the election
● Resident in the PH for at least 10 years

Terms of office of the President and Vice President

● 6 years
● President: not eligible for reelection
 ● Vice President: shall not serve for more than 2 successive terms; but can still be
eligible for elections as president. 6 years, 2 consecutive terms.
Security of tenure - public official cannot be removed from office before the expiration of
his term except for cause as provided by law

Supreme court sitting en banc (hold sessions/hear the case as one body)
- Shall be the sole judge of all contest relating to election, returns, and
qualifications of the President and Vice-President

President
- Official residence: Malacanang, Manila

Vice President
- Can be appointed by the president as a cabinet member without the need of
consent from the Commission on Appointments. (Commission on Appointments
are members of the congress, while VP is higher over them)

Cabinet
- Heads of the executive departments appointed by the president with the consent
of the Commission on Appointments
- Each cabinet department is headed by a “secretary.”

The VP shall act as president when:

● The president elect fails to qualify (e.g., taking oath)

● If a president shall not have been chosen or elected (e.g., Because of national
disorder)
● In case of temporary inability of the president to discharge his powers and duties

(The acting president is not the incumbent president. By acting as such, he has not
become the president)

The VP shall become the president when:

● If at the beginning of the term, the president has died or have become permanently
disabled
● Assumption of office; in case of death, removal from office, resignation, the VP
shall serve the unexpired term

When there are no President and VP

 ● The senate president (in case of inability), the speaker of the house of rep, shall
ACT as president until a president and VP shall have been chosen and qualified

In case of vacancy in the office of VP

● The president shall nominate a VP from among the members of Senate and
House of rep. The nomination is subject to the confirmation by a majority of vote
of all members of both houses

In case of vacancy in the office of BOTH president and vice president

● Special elections; to elect a president and VP

● No special elections when; if the vacancy occurs 18 months before the date of
the next president election. (Unnecessary and costly because they will only serve
for a short period of time)

Article VIII: JUDICIARY DEPARTMENT

Includes:
● The duty of the courts of justice to settle actual controversies involving rights
which are legally demandable and enforceable (adjudicatory power)
● The determination whether or not there has been grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the government (Power of judicial review)

Supreme Court
Composition:
● Chief Justice and 14 Associate Justices
Election:
● Appointment
Qualifications:
● Natural Born Filipino Citizen
● At least 40 years
● 15 years or more as a judge of a lower court or engaged in the practice of
law in the Philippines.
● Must be a person of proven Competence, integrity, probity, and
independence.
Tenure
● Until the age of Seventy (70) or until they become physically or mentally
unable to discharge their duties
Lower Courts
Composition:
● Lower Court Justices
Election:
● Appointment
Qualifications:
● Prescribed by Congress
● Citizen of the Philippines can be naturalized citizen
● Member of the Philippine Bar
● Must be a person of proven competence, Integrity, probity, and
Independence
Tenure
● Until the age of Seventy (70) or until they become physically or mentally
unable to discharge their duties
Constitutional Commissions
● Civil Service Commission (CSC)
● Commission on Elections (COMELEC)
● Commission on Audit (COA)

Additional information starts here.

Section 1

(1) The judicial power shall be vested in one Supreme Court and in such lower courts as
may be established by law.

(2) Judicial power includes the duty of the courts of justice to settle actual controversies
involving rights which are legally demandable and enforceable, and to determine
whether or not there has been a grave abuse of discretion amounting to lack or excess
of jurisdiction on the part of any branch or instrumentality of the Government.

EXPLANATION:

This section is all about the Judicial Department and its powers. There are ideas that
can be generated in this provision such as:

1. Judicial power is the authority to settle justiciable controversies or disputes involving

rights that are enforceable and demandable before the courts of justice or the redress of
wrongs for violations of such rights.
2. Vested in one Supreme Court and such lower courts as may be established by law.

3. Since the courts are given “judicial power‟ and nothing more, courts may n
either attempt to assume or be compelled to perform non-judicial functions. They
may not be charged with administrative functions except when reasonably incidental
to the fulfillment of their duties.

4. In order that courts may exercise this power, there must exist the following:

• An actual controversy with legally demandable and enforceable rights;

• Involving real parties in interest;

• The exercise of such power will bind the parties by virtue of the court‟s application
of existing laws.

5. Judicial power cannot be exercised in vacuum. Without any laws from which
rights arise and which are violated, there can be no recourse to the courts.

6. The courts cannot be asked for advisory opinions.

7. Judicial power includes:

• The duty of the courts to settle actual controversies involving rights which are
legally demandable and enforceable; and

• To determine whether or not there has been a grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of any branch or instrumentality of the
government.

Scope of Judicial Power:

1. Adjudicatory Power

• To settle actual controversies involving rights which are legally demandable and
enforceable

• To determine whether there has been a grave abuse of discretion amounting to lack of
excess of jurisdiction on the part of any branch or instrumentality of the government.
(par. 2)

2. Power of Judicial Review –

• To pass upon the validity or constitutionality of the laws of the State and the acts of
other departments of the government

• To interpret them

• To render binding judgment

The judiciary is one of the three main divisions of power in our government. As
the highest court of the land, the decisions of the Supreme Court are binding all
tribunals.

CREATION AND ABOLITION OF COURTS BY CONGRESS

In the exercise of its legislative power, Congress may abolish any or all lower courts and
replace them with other courts subject to the limitation that the reorganization shall not
undermine the security of tenure. (Sec.2, par 2.)

There are three levels of the courts in the Philippines:

REGULAR COURTS (FIRST LEVEL)

1. Metropolitan Trial Courts (MeTCs) – established in each metropolitan area by law.

2. Municipal Trial Courts in Cities (MTCCs) – created in every city, which do not form
part in metropolitan area.

3. Municipal Trial Courts (MTCs) – established in each of the other cities and
municipalities.

4. Municipal Circuit Trial Courts (MCTCs) – created in each circuit comprising such
cities and/or municipalities as grouped by law

REGIONAL COURTS (SECOND LEVEL)

The second tier is established in each region in Philippines. Each RTC is comprised of
several branches, which functions as follows:

1. Acts as trial courts and receives evidences from parties of the case.

2. Exercise jurisdiction of the MeTCs, MTCC, MTCs, MCTCs in their respective

territorial jurisdiction.

COURT OF APPEALS (THIRD LEVEL)

The court of appeals exercises its powers, duties and functions through 23 divisions.
The Court is tasked to:

1. Review cases submitted to RTCs as well as quasi-judicial agencies such as Civil

service

Commission, National Labor Relations Commission, and the Land Registration

Authority.

2. Review death penalty cases as well as decisions of the Office of the Ombudsman.

3. May sit en banc, being a collegiate court, only for the purpose of exercising
administrative, ceremonial, or non-adjudicatory functions.

4. Generally resolve cases only on the basis of records but in certain instances, it may
also try cases, conduct hearings, and receive evidences.

SPECIAL COURTS: SANDIGANBAYAN (SB) AND COURT OF TAX OF APPEALS

(CTAs) Philippine Judicial system is also comprised of special courts: the
SANDIGANBAYAN, which was created by Presidential Decree No. 1606 and the Court
of Tax Appeals that was established under Republic Act No. 1125 as amended by RA
NO. 9282

SHARI‟A COURTS For Filipino Muslims, these courts are established in Islamic
regions and provinces.

II. Composition of the Supreme Court

Section 4

(1) The Supreme Court shall be composed of a Chief Justice and fourteen
Associate Justices. It may sit en banc or in its discretion, in divisions of three,
five, or seven Members. Any vacancy shall be filled within ninety days from the
occurrence thereof.

(2) All cases involving the constitutionality of a treaty, international or executive

agreement, or law, which shall be heard by the Supreme Court en banc, and all
other cases which under the Rules of Court are required to be heard en banc,
including those involving the constitutionality, application, or operation of
presidential decrees, proclamations, orders, instructions, ordinances, and other
regulations, shall be decided with the concurrence of a majority of the Members
who actually took part in the deliberations on the issues in the case and voted
thereon.
EXPLANATION:

1st paragraph:

The first paragraph provided us the composition of the members of the Supreme Court
who includes the Chief Justice (1) and 14 Associate Justices. The second sentence
gives us the idea that the members of the Supreme Court do not decide always as a
whole or en banc, but in its discretion divides themselves into groups of three (3), five
(5), or seven (7) this is to review or decide cases simultaneously to serve speedy
justice. The last sentence mandates that the Constitution requires any vacancy to be
filled within 90 days from the concurrence thereof.

2nd paragraph:

The second paragraph gives us the idea that there are specific cases that needs the
complete attendance and participation of the members of the Supreme Court. These
cases are to be decided as a whole as a matter of importance. Concurrence meaning
several events exists or is happening at the same time.

Cases to be heard or decided en banc:

1. All cases involving the constitutionality of a treaty, international or executive

agreement, or law (statute) shall always be heard and decided by the Supreme Court
en banc.

2. All other cases including those involving the constitutionality, application or

operation of presidential decrees, proclamations, orders, instructions, ordinances, and
other regulations which under the rules of court.

QUESTIONS:

1. What is en banc?

En banc session is a session in which a case is heard before all the judges of a court
rather than by one judge or a panel of judges selected from them.

2. Why these cases are heard en banc?

These cases are heard en banc to determine whether the case is valid or invalid,
granted or void, and constitutional or unconstitutional.

III. Qualifications and Period of Office of the Judiciary

Section 7
(1) No person shall be appointed Member of the Supreme Court or any lower collegiate
court unless he is a natural-born citizen of the Philippines. A Member of the Supreme
Court must be at least forty years of age, and must have been for fifteen years or more
a judge of a lower court or engaged in the practice of law in the Philippines.

(2) The Congress shall prescribe the qualifications of judges of lower courts, but no
person may be appointed judge thereof unless he is a citizen of the Philippines and a
member of the Philippine Bar.

(3) A Member of the Judiciary must be a person of proven competence, integrity,

probity, and independence.

EXPLANATION:

Under the Constitution, except for the Supreme Court, the qualifications for members of
the bench are Constitutional and Statutory. Constitutional refers to those qualifications
prescribed under the Constitution and Statutory to those qualifications, which the
Congress may prescribe through ordinary legislation.

The qualifications to become a member of the Supreme Court:

a. Natural-born citizen of the Philippines

b. At least forty (40) years of age

c. A judge of lower court or engages in the practice of law in the Philippines for fifteen
(15) years or more.

This enumeration is, exclusive, which means to say that the Congress may not add
additional qualifications through ordinary legislation.

The qualifications for members of the Lower Collegiate Court:

Constitutional qualifications:

a. Natural-born citizen of the Philippines

b. Member of the Philippine Bar Statutory qualifications:

c Congress may prescribe other qualifications

The qualifications for members of the Lower Court:

a. Citizen of the Philippines (either naturalized or natural-born)

b. Member of the Philippine Bar

c. Congress may prescribe other qualifications.

Furthermore, members of the Supreme Court, lower collegiate court and lower courts
must be of persons of proven competence, integrity, probity and independence.

1. How can members of the Supreme Court be dismissed?

The Members of the Supreme Court, as opposed to the lower courts, can only be
removed through impeachment (as provided under Art. XI, Sec. 2.)

2. What are the grounds for impeachment for Supreme Court members?

Art. XI, Sec. 2. Provides that impeachment of the members of the Supreme Court may
be initiated on the basis of:

a. Culpable violation of the Constitution – It refers to the willful and intentional

breach of the Constitution.

b. Treason – a crime committed by an individual who gives aid or support to the

enemies of our country, particularly in times of war

c. Bribery – It may be direct or indirect.

I. Direct bribery – It is committed by any public officer who shall agree to perform or not
to perform an act in connection with his official duties in consideration of any promise or
gift received by such officer

II. Indirect bribery – It is committed by any public officer who shall accept gifts offered to
him by reason of his office

d. Graft and corruption – This cover all forms of irregularities involving public
funds committed by public officers which prejudice the interest of the government

e. Other high crimes – refers to those crimes of a serious nature such as murder

f. Betrayal of public trust – This phrase covers any violation of the oath of office
involving loss of popular support, such as election frauds, negligence of duty, and
betrayal of public interest and so on.

Additional information ends here.

Article X – Local Government

Local Government of the Philippines

• The territorial and political subdivisions of the Republic of the Philippines are the
provinces, cities, municipalities, and barangays. There shall be autonomous
regions in Muslim Mindanao and the Cordilleras as herein after provided (Section
1, Art X, 1987 Philippine constitution)
o CAR: Cordillera Administrative Region
o ARMM -> Bangsamoro Autonomous Region in Muslim Mindanao
• 1. Local Autonomy, 2. Local Government Code, 3. General Supervision of the
President.

Sources of Funds:

• Power to create revenue.

• Levy Taxes, fees, and charges.
• IRA: Internal Revenue Allotment
NTA: National Tax Allotment.

Creation of Local Government Units:

• Section 10. No province, city, municipality or barangay may be created, divided,

merged, abolished, or its boundary substantially altered, except in accordance
with the criteria established in the local government code and subject to the
approval by a majority of the votes cast in a plebiscite in the political units directly
affected.
• Section 11. The congress may, by law, create special metropolitan political
subdivisions, subject to a plebiscite as set forth in section 10 hereof. The
component cities and municipalities shall retain their basic autonomy and shall
be entitled to their own local executive and legislative assemblies. The jurisdiction
of the metropolitan authority that will thereby created shall be limited to basic
services requiring coordination.
 • Section 12. Cities that are highly urbanized, as determined by law, and
components whose charters prohibit their voters from voting for provincial elective
officials, shall be independent of the province. The voters of component cities
within a province, whose charters contain no such prohibitions, shall not be
deprived of their right to vote for elective provincial officials.
• Sections 13. Local Government units may group themselves, consolidate or
coordinate their efforts, services, and resources for purposes commonly
beneficial to them in accordance with law.

Autonomous Regions:

1. Cordillera Administrative Region

2. Bangsamoro Autonomous Region in Muslim Mindanao
• Section 15. There shall be created autonomous regions in Muslim Mindanao and
in the Cordilleras consisting of provinces, cities, municipalities, and geographical
areas sharing common and distinctive historical and cultural heritage, economic
and social structures, and other relevant characteristics within the framework of
this constitutions and the national sovereignty as well as territorial integrity of the
Republic of the Philippines.
• Section 20. Within its territorial jurisdiction and subject to the provision of this
constitution and national law, the organic act of autonomous regions shall provide
for legislative powers over
1. Administrative organization
2. Creation of sources of revenue
3. Ancestral domain and natural resources
4. Personal, family, and property relations
5. Regional, urban and rural planning development
6. Economic, social, and tourism development
7. Educational Policies
8. Preservation and development of the cultural heritage
9. Such other matters as may be authorized by law for the promotion of the
general welfare of the people of the regions.

Local government code of 1991

• For local governments to have genuine and meaningful local autonomy to enable
them to attain their fullest development as self-reliant communities and make
them more effective partners in the attainment of national goals.
• Ensure the accountability of local government units through the institution of
effective mechanisms of recall, initiative, and referendum.
• To require all national Agencies and offices to conduct periodic consultations with
appropriate LGUs, NGOs, Pos, and other concerned sectors of the community
before any project or program is implemented in their respective jurisdictions.

General Powers
 • Selection and transfer of local government site, offices, and facilities
• Establish Government Centers
• Naming Local Government Units, and Public Spaces, Streets and Structures.
• Power to generate and apply resources.
• Power of eminent domain.
• Reclassification of lands (conversion of agricultural lands):
o When the land ceases to be economically feasible and sound for
agricultural purposes as determined by the department of agriculture or
o Where the land shall have substantially greater economic value for
residential, commercial, or industrial purposes, as determined by the
Sangguniang concerned:
• Closure and Opening of Roads
• Corporate Powers (Sec 22)
• Authority to negotiate and secure grants.

Elective Officials

• An elective official must be a citizen of the Philippines.

• a registered voter in the barangay, municipality, city, or province or, in the case
of a member of the Sangguniang panlalawigan, Sangguniang panlungsod, or
Sangguniang baya, the district where he intends to be elected.
• a resident therein for at least one (1) year immediately preceding the day of the
election.
• able to read and write Filipino or any other local language or dialect

Governor, vice-governor, sangguniang panlalawigan, or mayor, vice-mayor, sangguniang

panlungsod of highly urbanized City.

= 23 years of age on election day

Mayor, vice-mayor of independent component cities, component cities, municipalities.

= 21 years of age on election day

Sangguniang Panlungsod or Sangguniang bayan

Panlalawigan = Province
= 18 years of age on election day Panlungsod = City
Bayan = Municipality
Punong Barangay or Sangguniang Barangay Barangay = Barangay

= 18 years of age on election day

Sangguniang kabataan

= At least 15 years but not more than 21 on election day.

Additional information starts here.

Section 1

Local Government – the political unit or subdivision of a nation or state which is given
authority to manage local affairs, with officials elected or appointed.

The territorial and political subdivisions of the Republic of the Philippines are:

1. Provinces

2. Cities

3. Municipalities

4. Barangays

There should be autonomous regions in:

1. Muslim Mindanao

2.Cordilleras

Section 2 The territorial and political subdivisions shall enjoy local autonomy

Local Autonomy – means self-government by local government units with the least
control or supervision by the national government. This is done to best serve the interest
of their inhabitants

Reasons for local autonomy

· Importance of local solutions to local problems – Local residents are in the best
position to understand their own problems and the national government is often too
involved in its own problems to have more time to local needs

· Need for orderly management of local affairs – The national government can
devote more time to the truly national problems since the local governments are
empowered to attend to their own problems.

Section 3

Local Government Code – it shall provide for a more responsive and accountable local
government through decentralization with effective mechanisms of recall, initiative and
referendum, allocate among the different local units their powers, provide for
qualifications election, appointment and removal, terms, salaries and duties of local govts.

Decentralization – refers to the distribution of power from the national to the local
government where the provinces, municipalities, cities, brgys including the autonomous
regions have local autonomy. This is to allow maximum participation of the citizens in
governmental and ommunity activities.

· Recall – the voters of a local government may remove for loss of confidence
elective local officials before the end of their terms of office. They can remove an
official who is not performing his functions to the satisfaction of the people.

· Initiative – a legal process whereby the registered voters of a local government

have the power to propose laws and to enact or reject laws at polls

· Referendum – the voters of the local government may approve, amend or reject
an ordinance passed by the local legislative body when the question is submitted to
them for decision.

Section 4

Supervisory power of the President

- the president only has a power of general supervisions over all local government.
It enables the president to see to it the LGU execute their task in accordance with law

- the president has no control over local government. Hence, he cannot interfere in
their administration or set aside decisions of their heads

supervision – the power to oversee the performance of work by a person.

Supervisory power with respect to component units

Provinces with respect to component cities and municipalities, and cities and
municipalities with respect to component barangays shall ensure that the acts of their
component units are within the scope of their assigned powers and functions as
prescribed by law. The former cannot interfere as long as the latter do not go beyond the
limits of their powers.

Section 5

Taxing power of local governments

 - local govts have no inherent power of taxation, but may only exercise this
power when it is constitutionally granted and expressly delegated to them by
the legislature.

- to ensure their local autonomy, local governments were granted the power to tax
by the constitution

(1) They have now the power to create their own sources and revenue (e.g., loans)
and to impose taxes, fees and charges to finance governmental activities for their
localities. It shall belong exclusively to them

(2) Subject to limitations: the taxing power is not absolute because congress may still
provide guidelines and limitations on its exercise

Section 6

Automatic release of share of national taxes

- The law shall determine what will be the just or equitable share of the local
government units in the national taxes, and will be automatically released to them.

Section 7

Share in proceeds of utilization and development of national wealth

- Before, all the proceeds went to the national government, but now local
government units located in areas blessed with rich natural resources are entitled to
receive their fair shares of the profits resulting from the development of the resources.

Section 8

Term of office

(1) Elective local officials except barangay officials – 3 years; not allowed to serve
for more than 3 consecutive terms (continuously for 9 years)

(2) Barangay officials – exempted from the prohibition, because their positions
hardly offer opportunities for abuse of power.
 However, under local government unit code, the term of all local elective officials
shall be for 3 years and not allowed to serve for more than 3 consecutive terms

Political wardlordism - it is a source of abuse

Section 9

Sectoral representation in local legislative bodies

- Seeks to enhance greater participation and representation by the people in the

policy-making on the local government level.

Section 10

Conditions for creation, etc., of any local unit

(1) Any local government unit may be created, merged, abolished, provided this
change is approved by the majority of the votes cast in a plebiscite and it follows the
local government code:

· The change is in accordance with the criteria (number of populations,

land area, income)

Section 11

Creation of special metropolitan political subdivision (subject to approval in a

plebiscite)

- The component cities and municipalities shall retain their basic autonomy and shall
be entitled to elect their own local executives and legislative assemblies

metropolitan authority – not strictly a local government, but a merely administrative

agency to coordinate basic services (e.g., health, traffic management) of adjoining
cities and municipalities in highly urbanized areas as Metro Manila.

Section 12

Component cities or highly-urbanized cities

(1) Component cities – form part of the province. Voters of component cities within
a province have the right to vote for elective provincial officials

(2) Highly-urbanized cities – as determined by law, as well as component cities

whose charters (laws which created them) prohibit their voters from voting for
 provincial elective officials, are independent of the province. They are not subject to
the supervisory powers of the province.

Section 13

Grouping of local government units

- It allows local government units to group themselves or to coordinate their efforts

and resources in undertaking common activities (e.g., food control, garbage collection,
crime prevention) for mutual benefit

- This provision emphasizes the need for unity and cooperation in solving local
problems effectively and with minimal expense

Section 14

Regional Development Councils or other similar bodies (gallery)

- This provision seeks to strengthen local government units by decentralizing

national authority through the creation of regional development councils or similar
bodies which include local officials and non-governmental representatives as
members.

- True autonomy allows the local government to take part in the formulation and
implementation of programs and projects administered by regional offices of the
national government

Section 15 AUTONOMOUS REGIONS

Creation of Autonomous Regions

- This provision authorizes the creation of autonomous regions for Muslim Mindanao
and for the Cordilleras as distinct territorial and political subdivisions of the Philippines

- Muslim Mindanao does not refer to the entire region of Mindanao, but to areas in
the region which are predominantly populated by Muslims.

- Cordillera – Benguet, Baguio City, Ifugao

Section 16

General Supervisory powers of the president over autonomous regions

 - General supervisory powers of the president extend to autonomous regions and is
to be exercised by the president to ensure that laws are faithfully executed

Section 17

Residual powers vested in the National Government

· Residual powers – are powers not given by the constitution or by law to the
autonomous regions. They are to be exercised by the national government. Powers
not granted to the regions cannot be exercised by them.

Section 18

Enactment and ratification of an organic act for each autonomous region

· Organic Act – the law which defines the organization and powers of autonomous
regions, including the basic structure of government consisting the executive
department, legislative assembly and special courts.

- Section 18 requires the congress enact such a law with the assistance of a
regional consultative commission. The law shall be submitted to the constituent units
for approval in a plebiscite.

Section 19

Time frame for the passage of Organic Acts

- The constitution directs the present congress to pass the organic acts for the
autonomous regions in Muslim Mindanao and Cordilleras within 18 months from the
time of its organization. The organic acts shall be submitted to a plebiscite.

Section 20

Legislative powers of autonomous regions

(1) Administrative organization

(2) Creation of sources of revenues

(3) Ancestral domain and natural resources

(4) Personal, family and property relations

(5) Regional urban and rural planning development

 (6) Economic, social and tourism development

(7) Educational policies

(8) Preservation and development of the cultural heritage

(9) Such other matters as may be authorized by law for the promotion of the general
welfare of the people of the region

Section 21

Preservation of peace and order within the regions

- This responsibility is entrusted to the local police agencies to which it properly

pertains. To ensure its proper discharge, such policy agency shall be governed in
accordance with applicable laws

- The responsibility to look after the defense and security of the regions is given to
the national government

RA 7160 Local Government Code of the Philippines

RA 11683 – amending section 450 of RA 7160 by providing requisites for the conversion
a municipality into a component city

Creation and Conversion shall be based on:

Income - It must be sufficient, based on acceptable standards, to provide for all essential
government facilities and services

Population - It shall be determined as the total number of inhabitants within the territorial
jurisdiction of the local government unit

Land Area - It must be contiguous, unless it comprises two or more islands or is

separated by a local government unit independent of the others; properly identified by
metes and bounds; and sufficient to provide for such basic services and facilities to meet
the requirements of its populace. It shall be attested to by the Department of Finance
(DOF), the National Statistics Office (NSO), and the Lands Management Bureau (LMB)
of the Department of Environment and Natural Resources (DENR).

Conversion of a municipality into a component city, and for other purposes

● A municipality or a cluster of barangays may be converted into a component city

if it has locally generated average annual income, as certified by the Department
 of Finance, of at least One hundred million pesos of at least 2 consecutive years
based on 2000 constant prices. And if has either:

A contiguous territory of at least territory of at least 100 sq. kilometers

certified by Land management Bureau

A population of not less than 150,000 inhabitants certified by PSA

Provided, that the creation shall not reduce the land area, population and income of the
original units or units at the time of the said conversion to less than the minimum
requirements prescribed.

● A municipality or cluster of barangays with a locally generated annual income of

at least four hundred million pesos for at least 2 consecutive years based on 2012
constant prices may also be converted into a component city if it has either:

a population of not less than 1 by PSA

a contiguous territory or at least 100 sq. km, as certified by LMB

Provided, that three (3) years after the effectivity of this Act and every three (3)
years thereafter, the threshold amount of Four hundred million pesos
(P400,000,000.00) shall be increased by five percent (5%).

Abolition of Local Government Units

- A local government unit may be abolished when its income, population, or land
area has been irreversibly reduced to less than the minimum standards prescribed for
its creation

Additional information ends here.

Federalism: A promise of Change

An Unequal Development
Issue: “Napag-iiwanan ang maraming tao, napag iiwanan ang nasa malayo”
• The Unitary system has created a huge imbalance in economic development
across regions
• Metro Manila, Region IV-A (CALABARZON) and Central Luzon account for 62%
of GDP while the rest of the 14 regions account for only 38%
 • 62% of the country’s GDP is in Luzon regions alone.
• The richest areas in the Philippines are those which are nearest to the center
while the poorest areas are those which are from the farthest.
• Manila and similar parts of Luzon are put first in investment opportunities
because:
1. The infrastructures are there, including transportation and communication
means.
2. The seat of political power is there.
Federal Solution:
• A Federal system will transfer political power from the capital to the regions so
the seat of political power will no longer be concentrated in Manila alone
• Federalism will enable the regions to have a certain extent of Fiscal Autonomy,
allowing them to have their own money to fund their own projects
1. They will be able to build transportation and communication infrastructures,
drawing investors, creating regional industries that will lead to job creation for
the people in the region
2. Hence the dawn of regional development

Corruption
Issue: “Maraming Milagro sa matagal na proseso”
• A unitary system is more prone to corruption than a federal system.
o Transactions take too long in a unitary system, and the longer the
processing time and the more signatures a transactions need to be
completed, the more prone it becomes to corruption
o Monitoring funds and projects in the provinces from the vantage point of
manila is also a challenge, leaving too many opportunities for
unscrupulous officials to tamper with numbers
o Thus, resulting in invisible hospitals and unfinished bridges that collapse
and ghost employees.
Federal Solution:
• Going Federal will cut down on the Bureaucratic red tape, with quicker
processing time, as regional transactions can be completed at the regional level,
without needing to go to Manila for signatures anymore.
• Monitoring is easier as it will be done within the region in real-time, enforcing
transparency and discouraging creativity.

Partisan Politics
Issue: “Kanya-kanyang pananaw pero walang naminaw”
 • Our current electoral process is prone to gridlock due to partisan politics in the
government.
o Our current electoral process sometimes results in the election of a
president and a vice president who come from different political parties
o When the president and vice-president comes from different parties, it is
difficult to come to an agreement on policy
o If this occurs at the executive department level, this impacts the entire
country, and adversely affects the efficient delivery of services to the
people.
• Party politics in unitary system is weak due to turncoatism or political butterflies
(balimbing)
o A unitary system makes it too east for politicians to jump over to a different
political party, damaging the credibility of the party.
o There are too many political parties in the Philippines, with very little to
distinguish them, thus limiting people’s choices during elections.
o Too many parties sharing the same value orientation does not encourage
comprehensive debate on issues, thereby limiting the information given to
the people.
Federal Solution:
• The proposed Federal system includes electoral reforms that would address the
political gridlock brought on by elected officials from opposite parties.
• Another provision would also regulate arbitrary party-switching, hopefully
strengthening Philippine political parties.

Unresolved Conflict
Issue: “kapatid sa kapatid, laman sa laman. Sila-sila ang naglalaban, di ko alam and
dahilan ng gulo”
• The country currently faces security threats from insurgency, secessionist and
terrorist groups that not only threaten the safety of its citizens but also scare
away potential foreign investors.
o The CPP-NPA-NDF
o The Moro National Liberation Front (MNLF)
o The Moro Islamic Liberation Front (MILF)
o Maute, Abu Sayyaf
• The insurgent conflict involving the CPP-NPA-NDF is rooted primarily in the real
economic inequalities in the Philippine Society.
• Despite the differences, both the MNLF and the MILF share the same dream of
finally being able to determine the future of the Bangsamoro People.
 • A lasting solution to these conflicts have eluded previous presidents because
they were all oriented in the unitary system, which prescribes a one-size-fits-all
type of solution to the problem.
• But each conflict is unique to the region where they occur. As such, the response
should also be unique to the region.
• Indigenous culture has long been largely ignored in our unitary system.
The central government has remained distant from indigenous peoples in the
provinces, not knowing about their struggles and aspirations.
Federal Solution:
• A federal system will allow regions more voice in how conflict in their areas
should be approached.
• Once federated, the regions are going to have their own IP agencies,
answerable to the regional governor, these regional IP agencies will be capable
of understanding their region’s IP struggles and aspirations, thus enabling them
to quickly help their own IP’s overcome problems and meet their aspirations.

Role of the Youth

1. Young Filipinos have become more engaged in politics in this highly
connected world. The unitary system has basically left the Filipino youth to
navigate through these critical times on their own, without much guidance. These
youth stand to inherit our successes and failures.
2. The youth is going to emerge as a powerful voice in a federal Philippines.
we urge you to seek knowledge about politics, join political parties, discuss
political issues with people outside your families. You’re going to have a bigger
role to play in a federal system, and this begins next year when you go out and
vote “Yes!” to federalism.

Powerless Local Government

• Provinces are at the mercy of the central government in a unitary system.
o Their boundaries, power and fiscal budget can be changed at will by the
central government because the devolution promised to them by the 1991
LGC is not constitutionally protected
o No funds, no decision-making power equates to no action on the part of
the local governments.
o Causing a huge problem in the delivery of basic public service.
• Once federated, the regional government develops greater confidence and better
capability setting their development agenda, prioritizing urgent projects and
programs, without fear of being vetoed by the central government or their funds
denied at a critical time, because their power will be enshrined in the constitution
and thus protected.
 • They can respond more quickly to the needs of their own people, bringing
government closer to the people.
• Agrarian reform under the unitary system has been a failure, with 70% of the
farmers awarded land titles having surrendered their lands to pay for their
children’s education. The transfer of land titles did not come with support such as
capital, fertilizers and etc.
• Agrarian reform issues in a federal setting will be resolved more quickly as
regional governments would then have the power to decide and to give financial
support to farmers if necessary.

Federalism
• We normally differentiate federal countries from those that have a unitary system
of government.
• In unitary systems there is one, constitutionally recognized order or level of
government for the entire country. There may be a regional or local governments;
but in unitary countries, those would be subordinate to the national government
and not guaranteed by the constitution.
• Federalism normally entails divided and shared sovereignty, in which all
constitutionally recognized governments are democratically elected by the
people.

What makes a country federal?

• First, it must have at least two orders of government – one for the whole country,
the other for the regions or constituent units.
• Second, federal countries need written constitutions that say what the roles and
duties of the different orders of government are.
o The national or central government is normally in charge of the armed
forces and foreign affairs.
o State or provincial governments are very often responsible for schools and
hospitals.
o Federal countries divide powers very differently for most other matters,
such as the environment.
o Third, federal countries usually have an upper house of the central
government where the constituents are represented. In Germany, it’s
called the Bundesrat and in the United States and many other countries, it
is the senate.
o Fourth, a federal country normally needs a way of resolving disputes
between orders of government. This is often a court, such as the
Canadian or United States supreme court.
How are federal countries structured?
• The structures vary,
o Most federal countries have a single type of constituent unit. These are
the states, provinces or other units that are main partners of the federal or
national government.
o Some federations have a single dominant language, spoken through the
country. Germany, Mexico, Argentina, and the USA are examples of this.
o Many federal countries, however, use their federal system to express and
accommodate their cultural, religious, and language diversity.
Why federalism?
• The federal system will bring about equitable development across the country by
sharing political and economic power with regional and local governments.
• The federal system provides a system wherein national unity is maintained while
recognizing and protecting the diversity of Philippines society.
• Federalism will allow local government to set local community priorities, increase
citizen participation in local affairs, and increase efficiency gains by giving
communities the capacity to deal with local issues.
Why not further decentralize instead?
• Under the unitary system, power may be decentralized or devolved, but this is
granted by the national government through legislation or executive action and
therefore can be taken back by that authority unilaterally at any time.
• Federalism Guarantees the regions and local governments their powers through
the constitution.