PHILIPPINE POLITICS AND GOVERNANCE

LECTURE NOTE EXECUTIVE, LEGISLATIVE, JUDICIARY WEEKS 5 - 6

3 FIRST QUARTER

3. able to read and write,

I. LEARNING COMPETENCIES 4. at least forty years of age on the day of the election,
At the end of the lesson, the learners are expected to: 5. and a resident of the Philippines for at least ten years immediately
a.) Analyze the roles and powers of the executive branch of the government preceding such election.
(MELC)
Section 4.
b.) Analyze the roles and responsibilities of the Philippine Senate and the House
The President and the Vice-President shall be elected by direct vote of the people for
of Representatives (MELC)
c.) Analyze the roles and responsibilities of the Philippine Judiciary (MELC) a term of six years which shall begin at noon on the thirtieth day of June next
following the day of the election and shall end at noon of the same date, six years
II. CONTENT thereafter. The President shall not be eligible for any re-election. No person who has
LESSON 1 : EXECUTIVE BRANCH OF THE GOVERNMENT succeeded as President and has served as such for more than four years shall be
qualified for election to the same office at any time.
The Philippine Government Section 5.
The government of a country exercises three major functions: making of Before they enter on the execution of their office, the President, the Vice-President,
rules, implementation of rules and adjudication or interpretation of rules in settling
or the Acting President shall take the following oath or affirmation: “I do solemnly
disagreements. According to Garcia (2015), in the Philippine context, the national
government consists of three co-equal, interdependent and coordinated branches swear [or affirm] that I will faithfully and conscientiously fulfill my duties as President
namely: The Executive for rule implementation; The Legislative for rule-making and; [or Vice-President or Acting President] of the Philippines, preserve and defend its
The Judiciary for rule-adjudication or interpretation. Constitution, execute its laws, do justice to every man, and consecrate myself to the
service of the Nation. So help me God."
1987 Philippine Constitution Roles and powers of the Philippine President
ARTICLE VII -EXECUTIVE DEPARTMENT
1. The power of control over all executive departments, bureaus and offices
Section 1. The executive power shall be vested in the President of the Philippines. Section 17.
The President shall have control of all the executive departments, bureaus, and offices.
Executive Power He shall ensure that the laws be faithfully executed.
- the power to administer the laws, which means carrying them to - in the exercise of the power of control , the President has the general
practical operation and enforcing their due observance supervision, may alter, modify, nullify or set aside the actions of a
department, bureau or office
Laws include the constitution, statuses enacted by Congress and executive orders and - the power of control does not extend to constitutional commissions—
decision of courts the Civil Service Commission, Commission on Elections and
Commission on Audit
Qualifications of the President
Section 2. No person may be elected President unless he is; 2. The Appointing Power
1. natural-born citizen of the Philippines, Section 16.
2. a registered voter,

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LECTURE NOTE EXECUTIVE, LEGISLATIVE, JUDICIARY WEEKS 5 - 6

3 FIRST QUARTER

The President shall nominate and, with the consent of the Commission on The President shall be the Commander-in-Chief of all Armed Forces of the
Appointments, appoint the heads of the executive departments, ambassadors, other Philippines and whenever it becomes necessary, he may call out such armed forces to
public ministers and consuls, or officers of the armed forces from the rank of colonel prevent or suppress lawless violence, invasion or rebellion. In case of invasion or
or naval captain, and other officers whose appointments are vested in him in this rebellion, when the public safety requires it, he may, for a period not exceeding sixty
Constitution. He shall also appoint all other officers of the Government whose days, suspend the privilege of the writ of habeas corpus or place the Philippines or
appointments are not otherwise provided for by law, and those whom he may be any part thereof under martial law.
authorized by law to appoint. The Congress may, by law, vest the appointment of
other officers lower in rank in the President alone, in the courts, or in the heads of 5. Pardoning Power
departments, agencies, commissions, or boards. Section 19.
3. Ordinance Power Except in cases of impeachment, or as otherwise provided in this Constitution, the
- In general sense, is used to issue rules governing the operations of the President may grant reprieves, commutations, and pardons, and remit fines and
government, orders directing the performance of certain acts, forfeitures, after conviction by final judgment. He shall also have the power to grant
proclamation like the fixing of special holidays or declaring something amnesty with the concurrence of a majority of all the Members of the Congress.
of public interest.
Ordinance Powers of the President: A commutation is generally defined as a lessening of the criminal
a. Executive Orders penalty, whereas a pardon is often defined as the termination of the
- for rules of a general or permanent character in implementation or criminal penalty. A reprieve (also called a stay of execution or a
execution of constitutional or statutory powers "respite") is a postponement of the punishment for someone convicted
b. Administrative Orders 6. of a crime.
Borrowing Power
- relate to particular aspect of governmental operations in pursuance of Section 20.
his duties as administrative head The President may contract or guarantee foreign loans on behalf of the Republic of
c. Proclamations the Philippines with the prior concurrence of the Monetary Board, and subject to such
- fixing date or declaring a status or condition of public moment or limitations as may be provided by law. The Monetary Board shall, within thirty days
interest, upon the existence of which the operation of a specific law or from the end of every quarter of the calendar year, submit to the Congress a
regulation is made to depend, shall be promulgated in proclamations complete report of its decision on applications for loans to be contracted or
which shall have the force of an executive order guaranteed by the Government or government-owned and controlled corporations
d. Memorandum Orders which would have the effect of increasing the foreign debt, and containing other
- on matters of administrative detail or of subordinate which only concern matters as may be provided by law.
a particular officer or office
e. General or Special Orders 7. Budgetary Power
- acts and commands of the President in his capacity as Commander-in- Section 22.
Chief of the Armed Forces of the Philippines The President shall submit to the Congress, within thirty days from the opening of
4. Military Power every regular session as the basis of the general appropriations bill, a budget of
Section 18.

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LECTURE NOTE EXECUTIVE, LEGISLATIVE, JUDICIARY WEEKS 5 - 6

3 FIRST QUARTER

expenditures and sources of financing, including receipts from existing and proposed
referendum - a direct and universal vote in which an entire electorate is invited to vote on
revenue measures. a particular proposal and can have nationwide or local forms.
8. Diplomatic Power initiative- a method by which a given percentage of the electorate may officially propose a
Section 21 law in order to:
No treaty or international agreement shall be valid and effective unless concurred in (1) propose changes in the Constitution,
by at least two-thirds of all the Members of the Senate. (2) enact a piece of national legislation, and
(3) pass local ordinances
treaty - a formally concluded and ratified agreement between countries. Legislative Power

9. Informing Power - the authority under the constitution to make laws and subsequently,
Section 23. when the need arises, to alter or repeal them
The President shall address the Congress at the opening of its regular session. He may law – a system of rules which a particular country or state recognizes to protect
also appear before it at any other time. and preserve the general welfare of the public and as regulating the actions of its
10. Power over Aliens members and which it may enforce by the imposition of penalties.
a. Power to Deport
b. Power to change Non-immigrant Status of Aliens ordinance – a system of rules which a particular political subdivision (province,
c. Power to Countermand decisions of the Board of Commissioners of the city, municipality or barangay) under a certain country or state recognizes to
Bureau of Immigration protect and preserve the general welfare of the public and as regulating the
11. Other Powers actions of its members and which it may enforce by the imposition of penalties.
a. approve or veto bills
bill- is a draft of law presented to legislation for enactment, by the approval by
veto - The procedure established under the Constitution by which the president Congress and the president of the Republic.
refuses to approve a bill or joint resolution and thus prevents its enactment into
law. A regular veto occurs when the president returns the legislation to the house
Legislate
in which it originated.
- to write and pass laws
Section 2.
b. consent to deputation of government personnel by the Commission on
The Senate shall be composed of twenty-four Senators who shall be elected at large
Elections by the qualified voters of the Philippines, as may be provided by law.
c. discipline such deputies
d. emergency powers delegated by the Congress Qualifications of a Senator
--------------------------------------end of lesson 1----------------------------------- Section 3. No person shall be a Senator unless:
LESSON 2 : LEGISLATIVE BRANCH OF THE GOVERNMENT
1. he is a natural-born citizen of the Philippines and,
ARTICLE VI-THE LEGISLATIVE
2. on the day of the election, is at least thirtyfive years of age,
Section 1
3. able to read and write, a registered voter, and
The legislative power shall be vested in the Congress of the Philippines which shall
4. a resident of the Philippines for not less than two years immediately
consist of a Senate and a House of Representatives, except to the extent reserved
preceding the day of the election.
to the people by the provision on initiative and referendum.
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LECTURE NOTE EXECUTIVE, LEGISLATIVE, JUDICIARY WEEKS 5 - 6

3 FIRST QUARTER

Section 5.
(1) The House of Representatives shall be composed of not more than two hundred
and fifty members, unless otherwise fixed by law, who shall be elected from
legislative districts apportioned among the provinces, cities, and the Metropolitan
Manila area in accordance with the number of their respective inhabitants, and on the
basis of a uniform and progressive ratio, and those who, as provided by law, shall be
elected through a party-list system of registered national, regional, and sectoral
parties or organizations.
(2) The party-list representatives shall constitute twenty per centum of the total
number of representatives including those under the party list. For three
consecutive terms after the ratification of this Constitution, one-half of the seats
allocated to party-list representatives shall be filled, as provided by law, by selection
or election from the labor, peasant, urban poor, indigenous cultural communities,
women, youth, and such other sectors as may be provided by law, except the religious
sector.
Two types of Representatives
District Representative – geographical representation
ex. Ilocos Sur is composed of two districts 1&2 ; district 2 is
represented by Rep. Kristine Singson
Party-list Representative –organizational or grouped representation in the society
ex. Gabriela represented by Rep. Liza Maza
Qualifications of a Member of the House of Representatives
- a law in the Philippines that was enacted in March 2020 granting the
President additional authority to combat the COVID-19 pandemic in the
Philippines.
2. Representation
- The members of the House of Representatives, on the other hand,
represent specific constitutes, either their legislative districts or their
party-list groups or sectors.
- Most laws of national applicable originate from the Senate while all laws
of local application originate from the House of Representatives.
3. Power of Purse
The House of Representatives
- The exclusive power to propose all appropriations, revenue or
tariffs bills, bills of local application, and private bills.
The Senate
- The exclusive power to approve all treaties or international
agreements entered into by the President of the Philippines.
4. Legislative Oversight
- Congress has been instrumental in exposing and checking many cases
of wastage, fraud, abuse, and graft in the government.

Section 6. No person shall be a Member of the House of Representatives unless: 5. Legitimation Function
- Congress has the power to confirm certain appointments by the
1. he is a natural-born citizen of the Philippines and, President through the Commission on Appointments.
2. on the day of the election, is at least twentyfive years of age, - The congress is also mandated to canvass the votes received by
3. able to read and write, and, candidates for the presidency and the vice presidency, and to proclaim
4. except the party-list representatives, a registered voter in the district in which elected the candidate with the highest number of votes.
he shall be elected, and a resident thereof for a period of not less than one
year immediately preceding the day of the election. 6. Impeachment Function
- The Phil. Congress has the power to initiate impeachment cases filed
Roles and Powers of Congress of the Philippines against the president, the vice president, the members of the Supreme
1. Legislative Power Court, the members of the constitutional commission due to treason,
- enact laws bribery, graft and corruption, other high crimes or betrayal of public
ex. R.A. 11469 (Bayanihan to Heal as One Act) trust.

7. Amendment or Revision of the Constitution

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3 FIRST QUARTER

- Phil. Congress has the power to define the process of amending or - an important official who works in a foreign country representing his or her
revising the 1987 Philippine Constitution, including the power to own country there, and who is officially accepted in this position by that
propose amendments to, or revision of the constitution for ratification country
by the people. writ- a written command or order of the court or other legal authority
certiorari
--------------------------------------- end of lesson 2 ------------------------------------ - a writ or order by which a higher court reviews a decision of a lower court.
LESSON 3 : THE JUDICIAL BRANCH OF THE GOVERNMENT mandamus
- a judicial writ issued as a command to an inferior court or ordering a person
JUDICIARY to perform a public or statutory duty.
Supreme Court of the Philippines quo warranto
(Kataas-taasang Hukuman ng Pilipinas Korte Suprema) - a legal procedure used to challenge an individual’s right to authority over
the position he/she holds.
ARTICLE VIII-JUDICIAL DEPARTMENT
Section 1.
The judicial power shall be vested in one Supreme Court and in such lower courts habeas corpus “show me the body”
as may be established by law. - a writ requiring a person under arrest to be brought before a judge or into
court, especially to secure the person's release unless lawful grounds are
Judiciary shown for their detention.
- (also known as the judicial system or 'court system) is the system of
courts that interprets and applies the law in the name of the state. The 2. Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or
judiciary also provides a mechanism for the resolution of disputes. the Rules of Court may provide, final judgments and orders of lower courts
Under the doctrine of the separation of powers, the judiciary generally in:
does not make law, but rather interprets law and applies it to the facts 3.
of each case. a. All cases in which the constitutionality or validity of any treaty,
- Judiciary is one of the pillars of democracy. Its interpretation ensures international or executive agreement, law, presidential decree,
justice, equality and liberty to all its citizens. proclamation, order, instruction, ordinance, or regulation is in
question.
A person must meet the following requirements in order to be appointed to the b. All cases involving the legality of any tax, impost, assessment, or
Supreme Court: toll, or any penalty imposed in relation thereto.
1. natural-born citizenship c. All cases in which the jurisdiction of any lower court is in issue.
2. at least 40 years old d. All criminal cases in which the penalty imposed is reclusion
3. must have been for fifteen years or more a judge of a lower court or perpetua or higher.
engaged in the practice of law in the Philippines e. All cases in which only an error or question of law is involved.

Section 5. The Supreme Court shall have the following powers: 4. Assign temporarily judges of lower courts to other stations as public interest
1. Exercise original jurisdiction over cases affecting ambassadors, other public may require. Such temporary assignment shall not exceed six months
ministers and consuls, and over petitions for certiorari, prohibition, without the consent of the judge concerned.
mandamus, quo warranto, and habeas corpus.
ambassador/consul 5. Order a change of venue or place of trial to avoid a miscarriage of justice.

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3 FIRST QUARTER

6. Promulgate rules concerning the protection and enforcement of

constitutional rights, pleading, practice, and procedure in all courts,
the admission to the practice of law, the integrated bar, and legal assistance
to the under-privileged. Such rules shall provide a simplified and inexpensive
procedure for the speedy disposition of cases, shall be uniform for all courts
of the same grade, and shall not diminish, increase, or modify substantive
rights. Rules of procedure of special courts and quasi-judicial bodies shall
remain effective unless disapproved by the Supreme Court.
quasi-judicial

- body is a non-judicial body which can interpret law. It is an entity such as an

independent body or tribunal board which has powers and procedures
honoring those of a court of law or judge.

examples of quasi-judicial bodies

ERB – Energy Regulatory Board

LTFRB – Land Transportation and Franchising Regulatory Board

Supreme Court of the Philippines - Kataas-taasang Hukuman ng Pilipinas
7. Appoint all officials and employees of the Judiciary in accordance with the
Civil Service Law. - the highest court in the Philippines. It has an administrative supervision
over all courts and the personnel.
Organization of Courts
- The court consists of 14 associate justices and 1 Chief Justice.

Cayetano Arellano: Cayetano Arellano was the first Chief Justice of the Supreme Court.
He was appointed in 1901 when the Supreme Court was created through Act No. 136,
along with three American Justices and one Filipino Justice.

Functions of the Supreme Court

There are two categories in the functions of the Supreme Court: administrative
and judicial.

Administrative Functions
- Supervision and control over the judicial branch of the government and
its employees.

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LECTURE NOTE EXECUTIVE, LEGISLATIVE, JUDICIARY
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- Declare rules for the admission into the practice of law, for legal
assistance to the underprivileged, and the procedural rules to be
observed in all courts throughout the country.
Judicial Functions
- Settlement of actual controversies involving rights which are legally
demandable and enforceable.
- Judicial Review or the power of the Supreme Court to inquire into
theconstitutionality of the acts of both the executive and legislative
branches of government.
- burden of court cases.
Court of Appeals - Hukuman ng Paghahabol ng Pilipinas
- The Philippines' second-highest judicial court, just after the Supreme
Court. The court consists of 68 Associate Justices and 1 Presiding Justice.
The Court sits by divisions, each division being composed of three
members.
Sandiganbayan – the peoples advocate
- The Sandiganbayan is a special court. Its rank is equivalent to the Court
of Appeals.
- The SB or Sandiganbayan tries and decides criminal and civil cases
against government officials and employees accused of graft and
corruption and similar other cases.
Graft, as understood in American English, is a form of political corruption,
being the dishonest use of a politician's authority for personal gain.
Similarly, political graft occurs when funds intended for public projects are
intentionally misdirected in order to maximize the benefits to private
interests.
Court of Tax Appeals - Hukuman ng Paghahabol sa Buwis ng Pilipinas
- The special court of limited jurisdiction, and has the same level with the
Court of Appeals. The court consists of 8 Associate Justices and 1
Presiding Justice.
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- The expanded jurisdiction of the CTA is over matters involving criminal
violation and collection of revenues under the National Internal Revenue
Code and Tariff and Customs Code.
Regional Trial Courts
-Established among the thirteen regions in the Philippines consisting of
Regions I to XII and the National Capital Region (NCR). RTC Criminal
Courts typically try cases of serious crimes like murder and robbery, as
opposed to petty crimes (minor: example theft), which reduce the
Metropolitan Trial Courts
- Municipal Trial Courts in the towns and cities in the Metropolitan Manila
area, are referred to as Metropolitan Trial Courts.
Municipal Trial Courts in Cities
- Courts in cities outside Metropolitan Manila.
Municipal Trial Courts
- Every municipality in the Philippines has its own Municipal Trial Court. It
is referred to as such if it covers only one municipality.
Municipal Circuit Trial Courts
- System which covers two or more municipalities in the country.
Shari’a District Courts
- Equivalent to the Regional Trial Courts in rank are the Shari'a District
Courts which were established in certain specified provinces in
Mindanao where the Code of Muslim Personal Laws of the Philippines is
being enforced. Shari'a District Courts primarily pertain to family rights
and duties as well as contractual relations of Filipino Muslims in the
Mindanao
Shari’a/Sharia
- Islamic canonical law based on the teachings of the Koran and the
traditions of the Prophet (Hadith and Sunna), prescribing both religious
and secular duties and sometimes retributive penalties for lawbreaking.
It has generally been supplemented by legislation adapted to the
conditions of the day, though the manner in which it should be applied
in modern states. The Shari'a Circuit Courts Shari'a Circuit Courts
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LECTURE NOTE EXECUTIVE, LEGISLATIVE, JUDICIARY WEEKS 5 - 6

3 FIRST QUARTER

which were established in certain municipalities in Mindanao where the

Code of Muslim Personal Laws of the Philippines is being enforced.

------------------------------------------end of lesson 3-----------------------

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