UCSP Module 7 The Philippine Government and The Philippine Constitution

Understanding Culture, Society,
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Email: email@uc-bcf.edu.ph; Website: www.uc-bcf.edu.ph Grade Level/Section: Senior High School
Module 7 - UCSP Subject Teacher: HUMSS Faculty
THE PHILIPPINE GOVERNMENT AND

THE PHILIPPINE CONSTITUTION
In the previous module, you were introduced to politics and state. One thing is common
when we talk about politics and state, it’s the government. In this module, you will learn
about the meaning, types, and systems of government, as well as how constitution affects
the government.
Learning Objectives:
A. define government and identify its forms;
B. identify the significant role of the constitution in the political system;
C. trace the development of the Philippine government and constitution; and
D. compare and contrast the composition, qualifications, and functions of: legislative,
executive, and judicial branches of the Philippine government.
GOVERNMENT AND GOVERNANCE
Government and governance are two different terms in political science that are mistakenly
used interchangeably. In the study of politics, it is important to differentiate these terms to
better understand how it works and how it affects our society.
Government is a group of people who rule or run the administration of a country. In other
words, it may be said that a government is the body of representatives that governs and
controls the state at a given time. Government is the medium through which the power of
the state is employed. It comes from the Greek word “kybernan” which means “to control/to
steer”. The aforementioned descriptions explain why the government is often called as the
“working arm of the state.”
On the other hand, governance is the exercise of power/ authority by political leader for the
well-being at their country’s citizens or subject. It refers to the manner of steering or
governing and or directing and controlling a group of people/ the state.
The Philippine Government and the Philippine Constitution | Page 2 of 20
Edited By: Mr. Erwin John E. Resurreccion
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FUNCTIONS OF THE GOVERNMENT
It is stated earlier that the government performs administrative duties. But for what purpose?
There are two functions of the government: constituent function and ministrant function.
1. Constituent Function – are those which constitute the very bonds of society and are
compulsory in nature. Examples are keeping of order and providing for the protection of
persons and property; the fixing of the legal relations between man and wife, etc.
2. Ministrant Function – are those that are undertaken only by way of advancing the general
interests of society and are merely optional. Examples are public works, public education,
public charity, health and safety regulations and regulations of trade and industry.
CONSITUTION
Most of the governments today are established through a constitution. It legitimizes the
administration of representatives in the service of the people. To better understand
government, it is vital to understand what the constitution means and how it affects the
structure and system of a government.
Constitution is the fundamental law of a state. It is a body of rules and

principles that prescribes the structure and powers of the government
and protects basic rights and freedoms.

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With particular reference to the Constitution of the Philippines, it may be defined as a written
instrument by which the fundamental powers of the government are established, limited,
and defined and by these, powers are distributed among the several department and
branches for their safe and useful exercise for the benefit of the constitution. Based on the
definition, the constitution yields three primary purposes:
This implies the supremacy of the constitution; it is the law that all other
laws must conform. No other law is above the constitution. In addition,
it serves as the basis of legality of all processes of the government.
The constitution prescribes the basic structure of the government,

distributes governmental powers and functions into different branches,
and provides principles to abide to prevent the abuse of authority.
The constitution establishes basic rights and freedoms and determines

safeguards that will prevent the abuse of such liberties. Most
constitution include a declaration of basic rights for the citizens.
DIFFERENCE OF CONSTITUTION AND STATUTE
There are different kinds of laws in the society, such as constitutions and statutes. What are
their differences? Take into consideration the following points:
• A constitution is a law given directly by the people while a statute is enacted by the
people’s representative (e.g., Philippine Congress – Senate & House of Representatives).
• A constitution is the fundamental law of the state on which all other laws or statute are
based.
• A constitution cannot be modified or taken away by the law-making body while a statute
may abolish by the same body.

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WHAT IS A PREAMBLE?
Preamble came from the word “preambulare” which means “to walk before.” It is an
introduction of the main subject. It is the prologue of the constitution. Technically speaking, a
preamble is not an essential part of the constitution since it cannot be used alone as a
source of any right or of any governmental power. It is merely an introductory section. It is
significant to note, however, that a majority of the constitutions of the world contain a
preamble.
IF IT’S NOT ESSENTIAL, WHY BOTHER TO HAVE A PREAMBLE?

Despite forming no integral part in the constitution, the preamble is
still present in majority of the constitutions since it has its practical
purpose. It may include the following:
1. Sets down origin and purposes of the constitution – the preamble

provides the outline of, and the spirit behind the constitution. It
gives us an idea who the authors are and as well as their intent for
writing it. In addition, it states the general purposes which are
intended to be achieved by the constitution and the government.
2. May serve as an aid in its interpretation – the preamble provides an aid in determining the
meaning of vague or ambiguous content of the constitution. Some words or phrases within
the constitution proper may be subject to multiple interpretations. Such plurality of ideas may
cause incalculable harm to people. By knowing the intent of the framers of the constitution
through the preamble, the real meaning of the content can be settled.

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The 1899 Malolos Constitution

Aguinaldo and the First Republic
The 1935 Constitution

Commonwealth and the Third Republic

Japanese-sponsored Republic

Marcos, Martial Law and the Fourth Republic
The 1986 Freedom Constitution

Transitional Constitution

Aquino, Democracy and the Fifth Republic

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BRANCHES OF THE PHILIPPINE GOVERNMENT
A. Separation of Powers Principle
The Philippines has a presidential and republican system of government which follows the
principle of separation of powers. Under this doctrine, powers are distributed to three co-
equal branches. The executive, legislative, and judiciary branches are separate and distinct
from each other. This means that each of the branches has its own powers and
responsibilities, and that each is expected to work in its own sphere. The officials in these
branches are the principal representatives of the people who exercise sovereign powers in
behalf of the people.
1. Legislative Branch
The formal lawmaking body of the government. The legislature has the constitutional
authority to pass laws, which is also the power to repeal or change them. Example: Senate
2. Executive Branch
The seat of authoritative power in society entrusted with managing its affairs and enforcing
rules. The leader of the executive depends on the system of government. Example: President
3. Judicial Branch
The government body enforced to apply and interpret the laws. Hierarchy is a universal
feature of judicial institutions. Virtually, all political systems have multiple levels of the judiciary
where some courts are explicitly subordinate to the others. Example: Trial Courts

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B. Checks and Balance Principle
While it’s true that each branch of the government is independent and separate, it is
needed to keep each other in check so that everyone won’t abuse its power. Under the
doctrine of checks and balance, the legislative, executive, and judiciary are granted the
powers to keep each branch to have absolute control over government decisions and
balance government powers. Here are some examples of how this principle works:
1. The president of the executive branch is given the power to veto or reject a bill drafted
by the legislative branch, especially if the president of the executive branch sees it as
threatening to the society.
2. The senate of the legislative branch can administer impeachment to the president for
committing impeachable offenses such as treason or bribery.
3. The judicial branch can declare “unconstitutional” any executive order by the president
of the executive branch or law passed by the legislative branch if proven.
4. The president can nominate candidates for chief justice.

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EXECUTIVE BRANCH
It is a branch of government charged with carrying out the laws enacted by the legislature.
The executive power is the power to administer the laws, which means carrying them into
practical operations and enforcing their due observance. This branch is composed of
president, vice president, and cabinet.
The president is The vice The Cabinet acts

the head of the president is the as the alter ego
state and leader second-highest of the President
of the national executive official executing, with
government. who can assume his authority, the
Moreover, he is cabinet position power of the
the Commander- and is the first in Office of the
in-chief of the line to President in their
Armed Forces of presidential respective
the Philippines. succession. departments.
A. Powers of the President and Vice President
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B. Qualifications, Manner of election and Terms of Office of President and Vice President
• • •
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• •
• •
C. Presidential Succession
The constitution provides for a line of succession in the event that the elected President of
the Philippines is not able to discharge the duties of his office due to death, disability, or
resignation. The following is the line of succession:
1. Vice President – in cases of the death, disability, or resignation of the President.

2. Senate President – in cases of the death, disability, or resignation of the President and
Vice President.
3. Speaker of the House of Representatives – in cases of the death, disability, or resignation
of the President, Vice President, and Senate President.
Contrary to popular belief, the constitution doesn’t include the Chief Justice of the Supreme
Court in the President’s line of succession.
The Congress of the Philippines is mandated enact a law calling for a special election three
days after the vacancy in the Office of the President and Vice President. The special
election should occur 40 days after the enactment of the law, but not later than 60 days
after the enactment of the law.

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D. Function, Powers, and Appointment of the Cabinet
Cabinet secretaries act as the alter ego of the President executing, with his authority, the
power of the Office of the President in their respective departments. They posses the power
to issue directives relative to their departments, such as department orders. These orders only
apply to offices under a specific department under the cabinet secretary’s jurisdiction.
Cabinet secretaries also act as advisors to the President of the Philippines for their areas.
The President may appoint anyone to executive departments with the consent of the
Commission on Appointments. Names of individuals nominated to cabinet posts are
submitted to the Commission on Appointments for their consideration. An individual may not
assume his post in a given department unless confirmed by the Commission on
Appointments.
LEGISLATIVE BRANCH
It is a branch of government whose appropriate function is the making or enactment of laws.

In the Philippines, the Congress of the Philippines, as the repository of legislative power, is the
legislative branch of the government. It is bicameral or composed of two chambers: the
Senate and the House of Representatives.

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A. Powers of Senate and House of Representatives
Although senators and members of the House of Representatives are all lawmakers, that is
having the duty to make laws, they differ in the measures they initiate.
Impeachment cases are charges of grave misconduct against a

public official for offenses such as treason, bribery, and other high
crimes. The House of Representatives has the exclusive power to
initiate impeachment cases. On the other hand, the Senate has
the sole power to try and decide all cases of impeachment.
The Congress has the power to investigate or administer an

inquiry in aid of legislation. Meaning, they can invite resource
person to provide insights on how a law could be crafted or an
existing law amended.
The Congress holds the so-called “power of the purse.” Meaning,

the Congress can pass appropriation laws to authorize the
release of public funds from the Treasury for use of the various
agencies of the government.
Taxes are regarded as the lifeblood of the state as they provide

needed funding which enables the government to operate and
serve the public. Thus, the Congress, subject to certain limitations,
may impose or increase taxes on a particular taxable item or
transaction in order to increase government revenues.

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B. Structure and Organization of the Philippine Congress
C. Qualifications of the Members of Congress
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•
•
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•
JUDICIAL BRANCH
It is a non-political branch of the government whose function is to interpret, construe, and

apply the law. The meaning of “non-political” is that the judiciary should be politically neutral
and faire. These are the virtues required for the even-handed administration of justice. The
composition of the judiciary is hierarchical which means it is composed of courts with varying

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levels. The Supreme Court is the highest courts. The lower courts include regional court,
municipal, Shari’a district courts.
A. Jurisdiction of the Different Courts
Jurisdiction is defined as the power of the courts to rule on and decide cases. The different
courts of the Philippines have certain jurisdiction:
1. Supreme Court – it is the highest court in the Philippines. It is composed of a Chief Justice
and 14 Associate Justices. The Supreme court has many jurisdiction. The primary one is to
review final judgments and orders of lower courts.
2. Regional Trial Courts – resolve appeals over all cases decided by Metropolitan Trial
Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts.
3. Sandiganbayan – it is a special court that has jurisdiction over criminal and civil cases
involving graft and corrupt practices and other offenses committed by public officers
and employees, including those in government-owned or government-controlled
corporations.
4. Shari’a Trial Court – it is a special court that deals with Muslim customary and personal
laws and exclude criminal law.
5. Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts –
decide cases involving violations of city or municipal ordinances; offenses punishable with
improsonment not exceeding six years.

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B. Powers of the Judicial Branch
The judiciary has the power to apply the laws to contests or disputes concerning legally
organized rights or duties between the State and private persons, or between individual
litigants in cases properly brought before the judicial tribunals.
C. Qualifications on the Different Courts
Consists of Chief and Consist of Chief and Consist of judges of Regional

Associate Justices Associate Justices of Trial Court Metropolitan Trial
Court of Appeals, Municipal Court
• Natural-born citizen Sandiganbayan, and Court
• 40 years of age of Tax Appeals • Natural-born citizen
• 15 years as judge or as • Lawyer
practitioner • Natural-born citizen • Person of proven
• Person of proven • Lawyer competence, integrity,
competence, integrity, • Person of proven probity, and independence
probity, and competence, integrity, • Possesses other
independence probity, and qualifications prescribed
independence by the law

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FORMS OF GOVERNMENT
A. According to the Number of Rulers (Traditional/Aristotelian)
Aristotle stressed that the forms of government has two variations: positive and negative. A
government becomes positive when it serves the will of the state. On the other hand, it
becomes negative when it’s fueled by the selfish desires of the ruler/s.
No. of Rulers Positive Negative

One Monarchy Despotism/Tyranny
Few Aristocracy Oligarchy
Many Democracy/Polity Ochlocracy/Mobocracy
1. Monarchy – A government in which the power is vested

Aristotle
in a single person (the monarch) who has divine and A Greek philosopher who is
hereditary rights to rule as head of state. A monarch maybe considered as the “Father of
a king, queen, emperor, czar, Kaiser, sultan, or pharaoh. Political Science”. He is
Corrupt monarchs are called despots/tyrants. known to have laid the
a. Absolute Monarchy – The power of the monarch is foundations of political
boundless or not restricted by any law. Example: science because of his
Ancient Egypt (pharaohs) systematic treatment to the
b. Constitutional Monarchy – The power is limited discipline. In other words, he
because of the constitution/charters. Example: Great used a scientific approach
Britain (Queen Elizabeth) in studying politics.
2. Aristocracy – A government in which power is vested in a class or persons who are

believed to be superior and best qualified to rule (usually intellectuals). Aristocracy derives
from the Greek word aristos or “best” and kratos or “power.” When the rulers of this
government turn into corrupt and self-serving elites, then aristocracy becomes oligarchy.

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3. Democracy – A government in which power is vested on the people. Democracy derives

from the Greek word demos or “people” and kratos or “power.” When the people formed
into a disoriented and rebellious crowd, then democracy transforms into mobocracy.
a. Direct Democracy – The people directly participate in all government processes such
as the creation of law and making decisions for the state. All assumes positions.
b. Indirect/Representative Democracy – Also called Republicanism, it is a government in
which people give authority and power through election to representatives that will
serve the interest of the state. Indirect democracy is used in the Philippines.
B. According to the Relationship of Executive and Legislative Branch
1. Presidential
A form of government that applies the Doctrine of Separation of Powers, in which the
executive branch exists separately from the legislature. The executive branch is
constitutionally independent from the legislature because both institutions are elected
directly by the people. Philippines is an example of country that applies a presidential form
of government.
2. Parliamentary
A form of government that applies the Doctrine of Fusion of Powers, in which the members of
an executive branch are nominated to their positions by a legislature called parliament. The
parliament is composed of legislative members called “ministers” who appoint the prime
minister from among themselves. A country that applies a parliamentary system in their
government is Japan.

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Subject of Comparison Presidential Parliamentary

Separate Unified
Relationship of Executive
(Doctrine of Separation of (Doctrine of Fusion of
and Legislative
Powers) Powers)
The prime minister is the head of
The president is head of the government; it is partnered
Executive the government and the with a monarch or a president
Structure of
state. who serves as the ceremonial
Government
head of the state.
Composed of senators It is called parliament which
Legislative
and representatives. consists of ministers.
The legislative can The legislative can remove the
Removal from Office remove the president prime minister through the
through impeachment. vote-of-no-confidence.
C. According to the Distribution of Powers
1. Unitary – A form of government in which the

governmental powers are concentrated on Basic Levels of Government
• National Government – the level of
the national government; only minimal power
government that exercises control and
is granted on the local governments.
influence on the entire state.
Philippines applies this form of government • Local Government – the level of
2. Federal – A form of government in which the government that exercises control and
governmental powers are shared by the local influence on their respective regions,
government and the national government. provinces, municipalities or cities.
USA is a country that applied federal system.

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Subject of Comparison Unitary Government Federal Government

Centralized on the national Shared by the local and
Distribution of Powers
government. national government.
Local governments are highly Local governments turn into
Relationship of National
dependent of the national federal states and enjoy
and Local Government
government. autonomy and independence.
National government creates Local governments have their
Law Making laws that are uniformed for all own legislative body that will
of the local governments. create their own laws.
Local governments give most Local governments give a small
of their revenues to the portion of their revenue to the
national government. Then national government. Local
Budget Allocation
the national government set governments are directly
the budget for each local responsible for the budget
government. allocation.
D. Non-democratic Governments
1. Authoritarianism – A form of government which requires obedience to the government

and limits dissent by minimizing political and personal liberties. Such governments often
permit churches, unions, and certain interest groups to retain relative independence from
the state as long as they do not challenge its authority. Under this government, social and
economic institutions exist but can be controlled. Authoritarianism is observable in China.
2. Totalitarianism – The extreme form of authoritarianism; it is a form of government that tries

to control all aspects of private and public life. While authoritarianism wants a monopoly of
political power, totalitarianism wants to control everything, including social and economic
institutions. North Korea applies this form of government.

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• •
•
•
• •
•
•
Subject of Comparison Authoritarian Totalitarian

1. Leadership of a dictator Yes Yes
2. Presence of an official ideology Yes Yes
3. Limited pluralism Yes No
4. Limited personal liberties Yes No
5. Press censorship Yes Yes
6. Suppression of opposition or dissent on the government Yes Yes
7. Complete control of social and economic institution No Yes
Remember:
All government forms have pros and cons. It is important to understand each form of
government to know which is/are more likely to fit a certain state. Also, government forms
are not the only determinants of the success of the state, we have other factors such as
citizen participation, resources, among others.
REFERENCES:
• Aguilar, M., et al. (2016) Society, Culture and Politics. Quezon City: The Phoenix Publishing
House Inc.
• Carlos.et al., Politics and Governance, Manila: REX Book Store. 2010
• Melegrito et. al., Philippine Politics and Governance, Quezon City: Phoenix Publishing
House, Inc. 2016
• De Leon, H.S. (2015). Philippine Constitution. Quezon City, Philippines. REX Printing
Company, Inc.
• Ramos, R.E. (2016). Philippine Politics and Governance. Vibal Group Inc.
• Official Gazette. https://www.officialgazette.gov.ph/


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Understanding Culture, Society,

Governor Pack Road, Baguio City, Philippines 2600

THE PHILIPPINE GOVERNMENT AND

GOVERNMENT AND GOVERNANCE

FUNCTIONS OF THE GOVERNMENT

Constitution is the fundamental law of a state. It is a body of rules and

The Philippine Government and the Philippine Constitution | Page 3 of 20

The constitution prescribes the basic structure of the government,

The constitution establishes basic rights and freedoms and determines

DIFFERENCE OF CONSTITUTION AND STATUTE

The Philippine Government and the Philippine Constitution | Page 4 of 20

IF IT’S NOT ESSENTIAL, WHY BOTHER TO HAVE A PREAMBLE?

1. Sets down origin and purposes of the constitution – the preamble

The Philippine Government and the Philippine Constitution | Page 5 of 20

The 1899 Malolos Constitution

The 1935 Constitution

The 1943 Constitution

The 1973 Constitution

The 1986 Freedom Constitution

The 1987 Constitution

The Philippine Government and the Philippine Constitution | Page 6 of 20

BRANCHES OF THE PHILIPPINE GOVERNMENT

A. Separation of Powers Principle

The Philippine Government and the Philippine Constitution | Page 7 of 20

B. Checks and Balance Principle

4. The president can nominate candidates for chief justice.

The Philippine Government and the Philippine Constitution | Page 8 of 20

The president is The vice The Cabinet acts

A. Powers of the President and Vice President

The Philippine Government and the Philippine Constitution | Page 9 of 20

1. Vice President – in cases of the death, disability, or resignation of the President.

The Philippine Government and the Philippine Constitution | Page 10 of 20

D. Function, Powers, and Appointment of the Cabinet

It is a branch of government whose appropriate function is the making or enactment of laws.

The Philippine Government and the Philippine Constitution | Page 11 of 20

A. Powers of Senate and House of Representatives

Impeachment cases are charges of grave misconduct against a

The Congress has the power to investigate or administer an

The Congress holds the so-called “power of the purse.” Meaning,

Taxes are regarded as the lifeblood of the state as they provide

The Philippine Government and the Philippine Constitution | Page 12 of 20

B. Structure and Organization of the Philippine Congress

C. Qualifications of the Members of Congress

It is a non-political branch of the government whose function is to interpret, construe, and

The Philippine Government and the Philippine Constitution | Page 13 of 20

A. Jurisdiction of the Different Courts

The Philippine Government and the Philippine Constitution | Page 14 of 20

B. Powers of the Judicial Branch

C. Qualifications on the Different Courts

Consists of Chief and Consist of Chief and Consist of judges of Regional

The Philippine Government and the Philippine Constitution | Page 15 of 20

A. According to the Number of Rulers (Traditional/Aristotelian)

No. of Rulers Positive Negative

Few Aristocracy Oligarchy

Many Democracy/Polity Ochlocracy/Mobocracy

1. Monarchy – A government in which the power is vested

2. Aristocracy – A government in which power is vested in a class or persons who are

The Philippine Government and the Philippine Constitution | Page 16 of 20

3. Democracy – A government in which power is vested on the people. Democracy derives

B. According to the Relationship of Executive and Legislative Branch

The Philippine Government and the Philippine Constitution | Page 17 of 20

Subject of Comparison Presidential Parliamentary

C. According to the Distribution of Powers