LESSON 5: The Evolution of Philippine Government and Politics

I. The Pre-Spanish Government

The early Filipinos had a government which they called “barangay.” The head or the leader was called a datu or rajah who was
assisted by the elders in the community. All the powers of government were exercised by the datu or rajah. He was the chief
executive, lawmaker, chief judge, and military head. There are three social classes at that time, namely, the Maharlika (Nobles), the
Timawas (Freemen) and the Alipin (Slaves). The datu or rajah came from the Maharlika (upper class).

II. Government of the Philippines under the Spanish Rule

The Philippines was governed indirectly by the King of Spain through the Viceroy of Mexico. When Mexico (also a former colony of
Spain) gained her independence in 1821, the Philippines was ruled directly by Spain until 1898.

The government established in the Philippines was centralized in nature. The national government was headed by a Spanish governor-
general who was appointed by the King of Spain.

The governor-general was at times called the “Representative of the King of Spain” or the “Little King in the Philippines.” In theory,
he was the highest government official in the country. But in practice, frailocracy or the “rule of the friars” existed and this
overpowered the governor-general.

The government of the Philippines gradually evolved from the pre- colonial form (barangay) to our present form of government.
Under the national government were the alcaldias (provinces) headed by the alcalde mayor, the pueblos (towns) which were led by
the gobernadorcillos (little governor) and the barangays which were under the leadership of the cabeza de barangay.

III. The Revolutionary Government of the Philippines

The Philippine revolutionary government was an insurgent government established by Emilio Aguinaldo (who served as its only
president) on June 23, 1898 during the height of the Spanish-American War. This government succeeded the dictatorial government
established by Aguinaldo on June 18, 1898. The revolutionary government existed up to January 23, 1899 but it was replaced by the
Philippine Republic government which was created as a result of the proclamation of the Malolos Constitution.

IV. Philippine Government under the American Regime

The history of the Philippines from 1898 to 1946 describes the period of the American colonization of the country. It began with the
outbreak of the Spanish-American War in April 1898, when the Philippines was still a colony of the Spanish East Indies, and
concluded when the United States formally recognized the independence of the Republic of the Philippines on July 4, 1946. With the
signing of the Treaty of Paris on December 10, 1898, Spain ceded the Philippines to the United States, thereby beginning the era of
American colonization. The interim American military government of the Philippine Islands experienced a period of great political
turbulence characterized by the Philippine-American War.

Beginning in 1901, the military government was replaced by a civilian government—the Insular Government of the Philippine Islands
—with William Howard Taft serving as its first governor-general. Also, a series of insurgent governments that lacked significant
international and diplomatic recognition existed between 1898 and 1904.

Following the passage of the Philippine Independence Act in 1934, a Philippine presidential election was held in 1935. Manuel L.
Quezon was elected and inaugurated second President of the Philippines on November 15, 1935. The Insular Government was
dissolved and the Commonwealth of the Philippines, intended to be a transitional government in preparation for the country's full
achievement of independence in 1946, was brought into existence.

After the World War II Japanese invasion in 1941 and subsequent occupation of the Philippines, the United States and Philippine
Commonwealth military recaptured the Philippines in 1945. The United States formally recognized the independence of the Republic
of the Philippines on July 4, 1946 according to the terms of the Philippine Independence Act.

V. The Government Under the Japanese Occupation

The Japanese military administration was established in Manila on January 3, 1942. A civil government which was called the
Philippine Executive Commission was established with Jorge B. Vargas as Chairman. It had legislative and executive powers but the
laws enacted were subjected to the

approval of the Commander-in-Chief of the Japanese armed forces. On October 14, 1943, the Japanese-sponsored Philippine Republic
was inaugurated with Jose P. Laurel as the President. The ultimate source of authority were the Japanese administrators. The Japanese-
sponsored government was dissolved on August 17, 1945.

The Presidents of the Philippines

1. Emilio Aguinaldo, 1898-1901. The first President of the Philippines. He led the Filipinos in fighting against the Spaniards and the
Americans.

2. Manuel L. Quezon, 1935-1944. The first Senate President elected as President of the Philippines. First elected in a national
election. He made Filipino the national language of the Philippines.

3. Jose P. Laurel, 1943-1945. He was the Philippine President during the Japanese occupation in World War II.

4. Sergio Osmeña, 1944-1946. He was the oldest President at 65 to hold office. He rehabilitated the Philippine National Bank and
the Philippines joined the International Monetary Fund during his term.

5. Manuel Roxas, 1946-1948. The first President of the Third Republic. During his administration, the Philippines carried out
reconstructing war damages. A military assistance pact was signed in 1947 granting America a 99-year lease on designated military
bases in the country.

6. Elpidio Quirino, 1948-1953. Vice-President Quirino ascended to the presidency when Roxas died in 1948. He ran for president in
his own right in 1949, winning a four-year term. He served as the second president of the Third Republic. Noted as two objectives of
his administration were economic reconstruction and restoration of people’s trust. He pioneered the establishment of rural banks.

7. Ramon Magsaysay, 1953-1957. He succeeded Quirino but was not able to finish his four-year term as president when he died in
a plane crash on March 17, 1957. He was immensely popular with the ordinary people or the “common tao.”

8. Carlos P. Garcia, 1957-1961. He was well-known for his “Filipino First Policy.” He also implemented cultural revival and
economic nationalism.

9. Diosdado Macapagal, 1961-1965. His administration was known for its socio-economic programs, the abolition of tenancy and
the establishment of Land Bank. He sought closer relations with neighboring Asian countries. He changed the celebration of
Independence Day from July 4 to June 12.

10. Ferdinand Marcos, 1965-1986. He declared Martial Law on September 21, 1972, under Proclamation No. 1081. Marcos
curtailed press freedom, abolished Congress and controlled media establishments. Opposition leaders and militant activists were
arrested then, including his foremost critic Senator

Benigno Aquino, Jr. He was overthrown from power by a People Power Revolution, also known as EDSA People’s Power Revolution
I.

11. Corazon Aquino, 1986-1992. She was the first woman president of the Philippines and survived seven coup attempts. She was
responsible for the restoration of democratic processes and institutions in the Philippines. The members of the Philippine Senate in
1991 rejected the treaty that would have allowed a 10-year extension of the American military bases in the Philippines.

12. Fidel V. Ramos, 1992-1998. He was known for his program ”Philippines 2000,” through which he attempted to make the
Philippines a “tiger economy” in Asia. During his administration, capital punishment was re-imposed.

13. Joseph Estrada, 1998-2001. He stepped down from office on January 20, 2001 because of the controversial impeachment case
filed against him. He was tried and convicted for plunder and spent six years in prison but he was given presidential pardon by his
successor, Gloria Macapagal-Arroyo.

14. Gloria Macapagal-Arroyo, 2001-2010. The daughter of President Diosdaso Macapagal, she had this vision which she called
“Sugpuin ang Kahirapan.” Her nine-year administration was marred with issues on cheating the Presidential election, poverty,
Expanded Value-added Tax Law, fertilizer scam, Jueteng, and NBN-ZTE deal scandal.

15. Benigno Aquino III, 2010-2016. The son of former President Corazon Aquino and martyr Benigno Aquino, Jr., he ascended into
the power as the Philippine President through the 2010 national elections.

16. President Rodrigo Duterte, 2016-present. He is the first president from Mindanao and the oldest person to be elected president
of the Philippines. He is also the first Philippine president to have worked in the three branches of the government. Duterte was the
mayor of Davao City at the time of his 2016 presidential elections victory, garnering over 16 million votes. Duterte's approval rating
has been relatively high throughout his presidency despite criticism and international opposition to his anti-narcotics drive.

Lesson Summary

1. Precolonial period (before 1565) 2. Spanish period (1565-1898)

3. Revolutionary period (1868-1898) 4. American period (1898-1941)

5. Japanese occupation (1941-1945)

6. Postwar era/ Third Republic (1946-1971)
7. Martial Law era (1972-1981), Fourth Republic (1981-1986) 8. Post-EDSA / Fifth Republic (1986-present)
 The government of the Philippines gradually evolved from the pre- colonial form (barangay) to our present form of government.
 When the Spaniards colonized the country in 1565, they re-organized the barangays into towns and municipalities easy
administration and management.

 The Spanish colonization brought about significant changes, particularly from the barangay government to the Spanish colonial
government headed by the governor-general.
 The Filipinos revolted against Spain because of the oppressive leaders and corrupt officials. This brought about the birth of the
Revolutionary Government and the other governments

 The country’s present form of government has passed through several stages of development which molded it into what it is today.

LESSON 6: THE EXECUTIVE BRANCH

LEARNING COMPETENCY: Analyze the roles and powers of the executive branch of the government.

The Executive Branch of the Philippine Government

Aside from being the chief executive, the 1987 Philippine Constitution also considers the President as the head of state. The President
is empowered to enforce the Constitution, statutes, presidential decrees, executive orders, decisions of courts, treaties and the
generally accepted principles of International Law (Bederio et. Al, 2004).

The qualification of the President and Vice-President is the same under the Constitution. As summarized in the table below, the
qualifications are as follows:

1. Citizenship

Both the President and the Vice-President must be natural-born citizen. A natural-born Filipino citizen as mentioned in Chapter III is a
citizen of the Philippines from birth without having to perform an act to acquire or perfect his Philippine Citizenship.

2. Registered Voter

A registered voter is one who is duly registered in the list of voters because he possesses the qualification for suffrage, as required by
Article V, Section 1 which states:

Section 1. Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen (18)
years of age, and who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote for at
least six months immediately preceding the election. No literacy, property, or other substantive requirement shall be imposed on the
exercise of suffrage.

3. Education

The Constitution does not provide a higher level of educational attainment for those who would want to be President or Vice-
President. Presumably, the Constitution wants to widen the access to these positions to as many people as it can. It only requires
candidates to be “able to read and write” to qualify. Many of the Philippine Presidents were highly educated. In fact, some were bar
topnochers and brilliant lawyers like Marcos, Roxas and Macapagal.

4. Age
The presidential and vice-presidential candidates must be at least forty (40) years of age on the day of the election, not on the
day of the filing of candidacy nor on the day of their proclamation.

5. Residency

The Constitution requires that those who would want to become President or Vice-President must be acquainted with the economic
and political conditions of the country in order that they can gain insight on how to run the country in case they elected into office.
Thus, it requires that both candidates must reside in the country at least 10 years immediately preceding the election.

Summary of the Qualifications of a President and Vice-President (Section 2, 4, Article VII, 1987 Philippine
Constitution)

Term of Office

Under the 1935 Constitution, the term of the President and Vice-President is four (4) years with re-election. But this has been changed
by the 1987 Constitution owing to the Marcos dictatorship experience that allows a dictator to rule the country beyond what the
Constitution requires. In the 1987 Constitution, the term of the President has been reduced to six (6) without reelection. It begins at the
noon of the thirtieth day (30th) of June next following the day of the election (Art. VII, Sec. 4) and ends at noon of the same date six
years thereafter.

The Vice President, unlike the President, is eligible for re-election. But the Constitution disallows him or her to run for more than two
(2) consecutive terms (Sec. 4, par.2, Art. VII), although eligible to run as President for his or her third election. Moreover, the Vice
President who has succeeded and served as President for more than four (4) years (even in an acting capacity) is also disqualified for
election to the same office at any other time.

The voluntary renunciation of the office of the Vice President for any length of time does not interrupt the continuity of the service for
the full term of six years. Thus, if the Vice President resigns on the second day in office, this is considered being served for full six
years. So s/he is disqualified to run for the next election.

Summary: Canvassing, Proclamation and Term of Office of the President and Vice-President

CATEGORY REQUIREMENT
CITIZENSHIP Natural-born Citizen
VOTER STATUS Registered Voter
MINIMUM
Able to read and write
EDUCATION
AGE At least 40 years on the day of election
RESIDENCY At least 10 years immediately preceding the presidential election

CATEGORY PRESIDENT VICE-PRESIDENT

DAY OF ELECTION Second Monday of May Second Monday of May
BOARD OF Congress in joint public session, with all senators and
Congress in joint public session, with all senators and
CANVASSERS congressmen congressmen
Congress in joint public session, after canvassing of Congress in joint public session, after canvassing of
PROCLAMATION
votes votes
6 years with re-election but 3 successive terms not
TERM 6 years, without re-election allowed, an unfinished term is considered one full
term
12:00 Noon of the 30th of June next following the day 12:00 Noon of the 30th of June next following the day
START AND END
of election & shall end at noon of the same date 6 of election & shall end at noon of the same date 6
OF TERM
years thereafter. years thereafter.

Powers of the Philippine President :The following are the powers of the President of the Republic of the Philippines:

1. Administrative Powers

The President has the power of control over the executive departments of the government and supervisory powers over all local
government units (LGUs) such that of the province, city, municipality and barangay.

2. Power of Appointment

Article VII, Section 16 of the 1987 Constitution grants the President with the power to appoint officials of various government. The
heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of
colonel and naval captain, regular members of the Judicial and Bar Council, chairmen and members of the constitutional commissions
are appointed by the President and confirmed by the Philippine Congress. The President also appoints, without legislative
confirmation, the members of the commissioners of the Constitutional Commissions.

3. Military Powers

Powers of the President as Commander-in-Chief includes the power to:

1. call out the armed forces to prevent or suppress lawless violence, invasion, or rebellion; and
2. create military tribunals to try persons who violate military laws or commit crimes against national security.

Power to suspend writ of habeas corpus under the following necessary conditions:

1. There must be invasion or rebellion; and

2. The public safety must require the suspension. Power to declare Martial Law during invasion or rebellion.

4. Pardoning Powers

Under Article VII, Section 19 of the 1987 Constitution, the President has the power to grant reprieves, commutations and pardons and
remit fines and forfeitures, after conviction by final judgment. The pardoning powers of the President include the following:
1. Reprieve. It is the postponement of the execution of a death sentence to a certain date.
2. Suspension. This refers to the postponement of an execution of death to an indefinite time. It can be performed on the next day,
week or month depending on the order of the President.

3. Commutation. This refers to the reduction of sentence imposed to a lesser punishment, as from death penalty to life imprisonment.
It can be granted without the acceptance and even against the will of the prisoner.

4. Pardon. This is an act of grace proceeding from the power entrusted with the execution of the laws which exempts the individual
on whom it is bestowed, from the punishment the law inflicts from a crime he has committed (De Leon vs. Director of Prisons, 31
Phil. 60).

Two Kinds of Pardon:

1. Absolute. When pardon is not subject to any condition whatsoever. It becomes effective when made.

2. Conditional. When it is given subject to any condition or qualification the President may see fit. It must be accepted by the prisoner
to become effective.

Pardon distinguished from Amnesty

Amnesty is an act of the sovereign power granting oblivion or a general pardon for a past offense usually granted in favor of certain
class of persons who have committed crimes of a political character, such as treason, sedition or rebellion. An Amnesty proclamation
of the President needs approval of Congress.

Distinctions between Amnesty and Pardon

AMNESTY PARDON
1. political offenses 1. infractions of peace
2. groups (classes) of persons 2. individuals
3. requires concurrence of Congress 3. does not require concurrence of Congress
4. public act to which court may take judicial notice of 4. private act which must be pleaded and proved
5. looks backward and puts to oblivion the offense
5. looks forward and relieves the pardonee of the consequences of the offense
itself
6. must acknowledge the commission of the crime 6. must have been convicted of the offense with finality

SOURCE: Munoz & Gonzales-Munoz (2002: 98)

5. Parole. This is a process in which the prisoner is released from imprisonment, but without full restoration of liberty as a parolee is
still in the custody of the law.

6. Remission of fines and forfeitures. The president can remit fines and forfeitures for an offenses after final conviction. This
prevents collection of fines or the confiscation of forfeited property of the convict.

5. Powers to Contract and Guarantee Foreign Loans on Behalf of the Republic of the Philippines (Article VII,
Section 20, 1987 Philippine Constitution)

The President can contract or guarantee loans with multilateral institutions like the World Bank and International Monetary Fund
(IMF) or other regional banks. But this needs the concurrence of the Monetary Board of the Central Bank.

6. Budgetary Powers

The President is authorized by the Constitution to prepare the budget of receipts and expenditures based on existing and proposed
revenue measures and other resources of financing and to submit it to Congress within 30 days from the opening of each regular
session. This can become the basis of the general appropriations act to be enacted by Congress for the next fiscal year.

Presidential Succession

Who succeeds the President in case of death, resignation, impeachment, disability or incapacity? What if the Vice-President is not
qualified or incapacitated to the succeed the President? To prevent chaos and anarchy in case the President and/or the Vice-President
cannot rule the country, the 1987 Constitution has prepared a set of rules for presidential succession and for a smooth transfer of
power in government.

Rules when Vacancy Occurs before the Beginning of the Term of the President (Article VII, Section 7, 1987
Philippine Constitution)

SEC. 7. The President-elect and the Vice-President-elect shall assume office at the beginning of their terms.

If the President-elect fails to qualify, the Vice-President-elect shall act as President until the President-elect shall have qualified.
If a President shall not have been chosen, the Vice-President-elect shall act as President until a President shall have been chosen and
qualified.

If at the beginning of the term of the President, the President-elect shall have died or shall have become permanently disabled, the
Vice-President-elect shall become President.

Where no President and Vice-President shall have been chosen or shall have qualified, or where both shall have died or become
permanently disabled, the President of the Senate or, in case of inability, the Speaker of the House of Representatives shall act as
President until a President or a Vice-President shall have been chosen and qualified.

The Congress shall, by law, provide for the manner in which one who is to act as President shall be selected until a President or a
Vice-president shall have qualified, in case of death, permanent disability, or inability of the officials mentioned in the next preceding
paragraph.

Rules if Vacancy Occurs during the Incumbency of the President (Article VII, Section 8, 1987 Philippine
Constitution)

SEC. 8. In case of death, permanent disability, removal from office, or resignation of the President, the Vice-President shall become
the President to serve the unexpired term. In case of death, disability, removal from office, or resignation of both the President and
Vice-President, the President of the Senate

or, in case of inability, the Speaker of the House of Representatives, shall then act as President until the President or Vice-President
shall have been elected and qualified.

The Congress shall, by law, provide who shall serve as President in case of death, permanent disability, or resignation of the Acting
President. He shall serve until the President or the Vice-President shall have been elected and qualified, and be subject to the same
restrictions of powers and disqualifications as the Acting President.

Causes of Removal of the President

The President can be removed from office either voluntarily or involuntarily. Voluntarily, if the President resigns, died, suffers
permanent disability and declares incapacity in his or her own volition. Involuntarily, if the President is forced to leave office because
of impeachment or Congress decides that the President is incapable to perform in office, the President must relinquish his/her post.

The following are the causes of removal of the President from office:

1. DEATH: The President is removed by a natural cause. The Vice-President becomes the President in case of death of the Chief
Executive.
2.RESIGNATION: The President for some personal or political reasons voluntarily relinquish His/her position, the Vice-President
acts as the President.
3. PERMANENT DISABILITY: The President is replaced by the Vice-President for serious physical conditions that incapacitates
him/her to live up to his/her solemn oath.
4. INCAPACITY: The President writes to the Senate President and Speaker of the House of Representatives informing them that s/he
is no longer capable of discharging his or her duties as President. But s/he can assume the position as soon as the incapacity is
removed.

The majority of the cabinet members can write to the Senate President and Speaker of the House informing them of the incapacity of
the President. If the President objects, Congress will determine whether such incapacity exists.
5. IMPEACHMENT: The President is removed from office involuntarily. The House of Representatives in a vote of at least one-third
of all members can transmit to the Senate the Articles of Impeachment charging the President for culpable violation of the
Constitution, betrayal of public trust, high crimes, and graft and corruption.

The Senate sitting as an Impeachment Court holds a trial to determine whether the Articles of Impeachment from the House have
legal basis. The senators will act as judges with the Chief Justice as the Presiding officer. A vote of at least two-thirds or 16 of the
senators is needed to impeach the President. Thereafter, the Vice-President becomes the new President.

Separation of Powers and Checks and Balances

The principle of separation of powers is the primary feature of a presidential form of government. Each branch of the government
(executive, legislative, judiciary) performs powers and functions independent from each other. No branch can intervene with the
discharge of the powers and functions of the other branches.

To prevent abuse of power by any of the three (3) branches of government, the principle of checks and balance is also put in place.
The legislature checks the executive through its power to impeach, to approve Presidential appointments, to revoke declaration of
martial law and suspension of the writ of habeas corpus, to authorize budget prepared by the executive, and to call upon cabinet
members for legislative inquiries. The legislature also checks the judiciary through its powers to impeach, to conduct legislative
inquiry and budgetary hearings, and to reorganize the courts except the Supreme Court.

The executive checks the legislature through its power to veto legislations of the Congress. The executive also formulates the
implementing rules and regulations of the laws passed by Congress. The President may also issue laws through his ordinance power if
Congress fails to legislate certain policies. Moreover, the executive also checks the judiciary through its powers to appoint the chief
justice and justices of the Supreme Court and the judges of lower courts, to counteract courts’ judgment or rulings by invoking its
independent judicial power, to grant reprieve, commutation and pardon to convicted criminals, and to question judicial decisions and
the pressures attendant to such positioning.

As to the checks of the judiciary over the branches of government, it has a judicial review power. The Supreme Court has the sole
power to review the constitutionality of laws passed by Congress and the manner of implementation by the executive.

LESSON 7: Roles and Responsibilities of the Philippine Congress

The Constitution is the fundamental law of the land. It is the basis of all other laws. Our Constitution enumerates, defines and limits
powers of the three branches of the government and prescribes the relationship between the government and the governed. It also
provides the functions, roles and responsibilities of the citizens and leaders of the government in order to promote the common good.

The Philippines has a democratic system of government and it has three branches, namely, the executive, legislative and judicial
branch. The study of Philippine politics and governance requires knowledge, understanding and critical analysis of the Philippine
government, its dynamics, and how the people are affected by and at the same time impact the nature of the country’s political culture
and government structure (Politics and Governance, Sonia Daquila, p.95)

The legislative power of the government is vested upon the Congress of the Philippines in accordance with the 1987 Constitution. The
Congress is divided into two chambers: House of Representatives (Lower House) and the Senate of the Philippines (Upper House)
(Phil. Politics and Governance, R.A. and Reidan Pawilen, p. 56). The House of the Senate has twenty-four (24) senators chosen
nationwide by the electorate. The House of Representatives is composed of not more than two hundred fifty (250) members chosen
from legislative districts apportioned among provinces, cities, and Metropolitan Manila area in accordance with the number of the
respective inhabitants based on the uniform and progressive ratio of representation (Art.VI,Sec. 5), (Politics and Governance Sonia
Daquila p.111).

Lawmakers in the House of Representatives are called Representatives or Members of the House of Representatives. They are elected
to a three-year term by voters in their respective legislative districts. A Representative can serve for not more than three consecutive
terms. There are 238 legislative districts in the country. There are 238 representatives elected by district. In addition, there are
Representatives elected through the party-list system who constitute not more than twenty percent (20%) of the total number of
Representatives.

Lawmakers in the Senate are called Senators who are elected at large or nationwide by qualified voters to a six-year term. Senators
can serve for not more than two consecutive terms. The Senate has twenty-four (24) Senators.

To qualify for election as a Representative, you have to be a natural-born citizen of the Philippines, a registered voter in the district in
which you seek to be elected, a resident therein for not less than one (1) year before the day of the election and at least twenty-five
(25) years of age. To qualify for election as a Senator, you also have to be a natural-born Filipino citizen, a registered voter, a resident
of the Philippines for at least two (2) years before the day of the election and at least thirty-five (35) years old.

Our Constitution provides that our Congress convenes for its regular session every year beginning on the 4th Monday of July. A
regular session can last until thirty days before the opening of its next regular session in the succeeding year. The President may,
however, call special sessions which are usually held between regular sessions to handle emergencies or urgent matters.

House of Representatives

The Speaker of the House leads, manages and presides over the House of Representatives. A majority of all the Members of the House
elects the Speaker. Those who vote for the Speaker belong to the Majority while those who voted for the Speaker's opponent belong to
the Minority. Representatives belonging to the Majority choose the Majority Floor Leader who automatically chairs the Committee on
Rules, and those in the Minority choose the Minority Floor Leader.

The other officers of the House of Representatives are the fourteen (14) Deputy Speakers, the Secretary-General and the Sergeant-at-
Arms who are also elected by a majority of all the Representatives.

Committees, or small groups of Representatives, headed by committee chairpersons, study proposed laws called bills, and other
measures relating to issues and concerns affecting our lives, our communities and our society. They conduct hearings that give us,
citizens, opportunities to express our views on proposed laws or measures. Employees of the House constituting Committee
Secretariats provide the committees with legislative support services such as research, report preparation, policy studies and the like.

The Philippine Senate

The role of the Senate is to protect the rights of individuals and safeguard minority opinion in a system of government designed to
give greater power to the national government. While money bills originate from the House of Representatives, the Senate may still
propose or concur with amendments.
The Senate is also in-charge of all matters proposing amendments to the Constitution of the Philippines and the compilation and
revision of existing codes and laws; election laws and implementation of constitutional provisions on initiative and referendum on
legislative acts; and recall of elective officials.

The Senate President presides over sessions; decides on all questions of order, subject to appeal by any member; signs all acts,
resolutions, memorials, writs, warrants and subpoenas issued by or upon order of the House; appoints,

suspends, dismisses or disciplines House personnel; and exercises administrative functions.

The Differences between the Roles and Responsibilities of the House of Representatives and the Senate

The members of the House are elected every two years, whereas senators are elected for six-year terms. Senators are at least 30 years
old and citizens for nine years. Another difference is who they represent. Senators represent their entire states but members of the
House represent specific legislative districts wherein they were elected by the people.

Only the Senate has the power to approve and denounce treaties via a two-thirds supermajority and it also possesses the power to try
and convict, via a two-thirds supermajority, an impeached official.

Generally, both the Senate and the House of Representatives have equal legislative authority, although revenue and appropriation bills
may only originate from the Lower House.

Other Responsibilities

Aside from lawmaking, the Philippine Congress is also given several powers and responsibilities in certain situations.

The Congress' role in exacting accountability is crucial as legislators play a part in checking on possible excesses by the executive and
judicial branches of government.

The 1987 Philippine Constitution provides many instances when Congress can invoke this power:

1. Congress has the power to remove from office impeachable government officials, including the President, Vice President, members
of the Supreme Court, members of constitutional commissions, and the Ombudsman. The House of Representatives can tackle
impeachment complaints and submit the resolution setting the Articles of Impeachment. The Senate, meanwhile, decides on cases of
impeachment in a full-blown trial.

2. Congress has the “sole power to declare the existence of a state of war,” according to Section 23 Article VI of the Constitution. A
vote of two-thirds of both Houses, voting separately, is needed.

3. Congress can revoke the President’s proclamation of martial law by a vote of at least a majority of all members of the Senate and
the House. If requested, Congress can also extend the period of martial law beyond the mandated 60 days.

4. Congress may authorize the President to exercise powers to carry out a declared national policy “for a limited period and subject to
restrictions" in times of war or other national emergency.

5. Congressional committees can conduct hearings "in aid of legislation” on various issues that affect the nation and release a report
based on findings. For example, the Senate committee in August 2018 conducted a hearing on the TRAIN law's impact on inflation
amid rising prices of commodities.

6. Congress is also involved in the national budget process. It can decide whether or not to add or reduce a government agency’s
budget, effectively overseeing budget appropriations and being on guard against suspected corruption. This, however, may lead to
several clashes, as seen in the 2019 budget that was just passed on Friday, February 8, after months of delay.

7. Congress, through the Commission on Appointments, can approve or reject some key appointments made by the president to
government agencies.

8.Congress needs to concur with any amnesty granted by the president, according to Section 19, Article VII of the Constitution. A
vote of majority of all members is needed.

9. Congress is heavily involved in starting charter change. It can either convene into a Constituent Assembly (through a vote of three-
fourths of all members) and propose both amendments and revisions, or call for an election of members of a Constitutional
Convention (vote of two-thirds of its members).

The Legislative Process

The following is a summary of how a bill becomes a law:

Filing/Calendaring for First Reading

A bill is filed in the Office of the Secretary where it is given a corresponding number and calendared for First Reading.

First Reading

Its title, bill number, and author’s name are read on the floor, after which it is referred to the proper committee.

Committee Hearings/Report

Committee conducts hearings and consultation meetings. It then either approves the proposed bill without an amendment, approves it
with changes, or recommends substitution or consolidation with similar bills filed.

Calendaring for Second Reading

The Committee Report with its approved bill version is submitted to the Committee on Rules for calendaring for Second Reading.

Second Reading

Bill author delivers sponsorship speech on the floor. Senators engage in debate, interpellation, turno en contra, and rebuttal to
highlight the pros and cons of the bill. A period of amendments incorporates necessary changes in the bill proposed by the committee
or introduced by the Senators themselves on the floor.

Voting on Second Reading

Senators vote on the second reading version of the bill. If approved, the bill is calendared for third reading.

Voting on Third Reading

Printed copies of the bill’s final version are distributed to the Senators. This time, only the title of the bill is read on the floor. Nominal
voting is held. If passed, the approved Senate bill is referred to the House of Representatives for concurrence.

At the House of Representatives

The Lower Chamber follows the same procedures (First Reading, Second Reading and Third Reading).

Back to the Senate

If the House-approved version is compatible with that of the Senate’s, the final version’s enrolled form is printed. If there are certain
differences, a Bicameral Conference Committee is called to reconcile conflicting provisions of both versions of the Senate and of the
House of Representatives. Conference committee submits report on the reconciled version of the bill, duly approved by both
chambers. The Senate prints the reconciled version in its enrolled form.
Submission to Malacañang

Final enrolled form is submitted to Malacañang. The President either signs it into law, or vetoes and sends it back to the Senate with
veto message.

The legislative branch of the Philippine government is authorized to make laws, alter, and repeal them through the power vested in the
Philippine Congress. The Congress is divided into two chambers - the House of Senate and the House of Representatives. Several
agencies also provide support services to the Congress. It has an authority to enact legislation, confirms or rejects presidential
appointments, and is given the authority to declare war.

The Congress is responsible for making enabling laws to make sure the spirit of the Constitution is upheld in the country and, at times,
amend or change the Constitution itself. In order to craft laws, the legislative body comes out with two main documents: bills and
resolutions. Resolutions convey principles and sentiments of the Senate and the House of Representatives.

Bills are laws in the making. When a bill is approved by the Philippine President after a consolidated and unified version was
submitted by Congress, such bill becomes a law. A bill may be vetoed by the President but Congress may overturn a presidential veto
by garnering a two-thirds vote. If the President does not act on a proposed law submitted by Congress, it will lapse into law after 30
days of receipt.

LESSON 8: Judicial Power

Generally speaking, judicial power refers to the power to interpret the law and to settle legal cases. In particular, judicial power has
been described by the present 1987 Philippine Constitution as: 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 (Sec. 1, Art. VIII).

Whereas executive power is vested in the President and legislative power in Philippine Congress consisting of the Senate and House
of Representatives, the judicial power in the government is vested in the Supreme Court and in such lower courts as may established
by law (Sec1, Art. VIII). The lower courts in the

country, as shown in the table below, are created by virtue of a law enacted by Congress such as the Judicial Reorganization Act of
1980 and by Presidential Decree No. 1083 of President Marcos which created the Shariah courts for Filipino Muslims.

This grant of judicial power to the Supreme Court and all other courts under it is plenary and includes the power that is expressly
conferred upon it, the power not otherwise withheld from it, and incidental powers needed to discharge its duties such as the right to
cite people in contempt (Munoz & Gonzales-Munoz 2002: 102).

One may ask: Is there a new element added in this description of judicial power by the 1987 Constitution?

Expanded Meaning under the 1987 Constitution

Compared to the previous 1973 Constitution during the Marcos era, this definition of judicial power under the 1987 Constitution has a
wider scope. Under the 1973 Constitution, the judicial power was vested in one Supreme Court and lower courts but its scope was
only limited to interpreting laws and deciding legal disputes but not reviewing any decision done with grave abuse of discretion by
any government agency or instrumentality. In practical terms, the old definition did not allow the courts, especially the Supreme
Court, to directly entertain petitions for review or certiorari for a decision rendered by any government officer perceived by an
aggrieved party to be biased or done with grave abuse of power. A certiorari is a writ issued to annul or modify the proceedings, as the
law requires, of a tribunal, board, or officer exercising judicial functions, who has acted without or in excess of its jurisdiction, or with
grave abuse of discretion, there being no appeal, nor any plain, speedy, and adequate remedy in the ordinary course of law” (Moreno
1972: 94).

What is new is the phrase “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” (Sec. 1, Art. VIII).This is tantamount to giving the
Supreme Court additional power and to interfere in any decision rendered by any government agency upon petition of the party’s
lawyer via certiorari. For instance, a losing party may not agree with the decision of the COMELEC regarding his election case, s/he
may file a petition for review in the Supreme Court through his/her lawyer via certiorari and ask for a reversal of the decision or an
issuance of a Temporary Restraining Order (TRO) or an injunction as this action may apply. A worker in a labor case who lost his
case on appeal with the Commissioner of the National Labor and Regulatory Commission (NLRC), may go to the Supreme Court for
review for grave abuse of discretion under this expanded definition of judicial power. Under the 1935 and 1973 Constitutions, this
expanded power was not allowed. Some legal observers say this expanded power has given the Supreme Court a license to intervene
in almost all decisions of the government, particularly in the executive and legislative branches which are supposed to be independent
and co-equal. R. Suarez (1999) raised (3) points which must be remembered in connection with this new concept of judicial power:

1. The grave abuse of discretion, as alleged, must be grave enough which amounts to lack or excess of jurisdiction.

2. The alleged grave abuse of discretion will have yet to be determined by the courts of justice, particularly the Supreme Court.

3. That if indeed it is alleged that there exists a grave abuse of discretion amounting to lack or excess of jurisdiction, our courts of
justice, particularly the Supreme Court, can check this including the Congress and the President of the Republic of the Philippines, or
even Constitutional bodies because they fall within the phrase “any branch or instrumentality of the government.”
Composition of the Supreme Court

Under our existing 1987 Constitution, the total members of the Supreme Court are fifteen (15), consisting of 1 Chief Justice and 14
Associate Justices. As shown in the comparative table below, there was an increase of Justices of the Supreme Court from 11
members to 15 members in 1935 to 1973. However, this total membership of the Supreme Court did not increase in the 1987. The
total population of the country and legal cases filed in courts have increased significantly. This non-increase of the members of the
Supreme Court can have a significant effect on the disposition of cases as shown in the statistics of cases filed and pending in the
Supreme Court towards the end of this chapter.

Comparative Table of Supreme Court Justices

As a general rule, justices of the Supreme Court decide criminal, civil and administrative cases by divisions unless provided by the
rules that they should decide as one collegiate body or in an en banc session. At present, 15 justices of the Supreme Court sit in 3
divisions with 5 members for each division. The First division is headed by the Chief Justice, the second division by the most senior
associate justice, and third division by the second most senior justice.

More serious legal matters which have significant impact on the country are heard and decided by en banc such as:

A. All cases involving the constitutionality of a/an: 1. Treaty

2. International Agreement 3. Executive Agreement

4. Law

B. All other cases which under the Rules of Court are required to be heard en banc.

C. All cases involving the constitutionality, application or operation of: 1. Presidential Decrees

2. Proclamations

PHILIPPINE CONSTITUTIONS
1935 1973 1987
One (1) Chief Justice and Ten (10) One (1) Chief Justice and Fourteen (14) One (1) Chief Justice and Fourteen (14)
Associate Justices (Art. VIII, Sec. 4) Associate Justices (Art. X, Sec. 2 [1]) Associate Justices (Art. VIII, Sec. 4[1])

3. Orders
4. Instructions
5. Ordinances
6. Other regulations

The qualification of the members of the judiciary includes the minimum age of 40 years, natural-born citizen, a member of the
Philippine bar, at least 15 years of experience as a judge or practicing lawyer, and a person of proven competence, integrity, probity,
and independence. The Judicial and Bar Council (JBC) is tasked by the Constitution to screen the applicants to the judiciary. In the
case of the justices of the Supreme Court, the JBC submits to the President a short list of qualified candidates. The President is the
appointing officer for members of the judiciary.

Powers of the Supreme Court

Original Jurisdiction

Under Article VIII, Section 5 (1), the Supreme Court shall have the power to exercise original jurisdiction over (1) cases affecting
ambassadors, other public ministers and consuls, and over (2) petitions for certiorari, prohibition, mandamus, quo warranto, and
habeas corpus.

Appellate Jurisdiction

Under Article VIII, Section 5 (2), the Supreme Court shall have the power to review, revise, reverse, modify, or affirm on appeal or
certiorari, as the law or Rules of Court may provide, final judgments and orders of lower courts in:

1. All cases in which the constitutionality or validity of any treaty, international or executive agreement, law presidential decree,
proclamation, order, instruction, ordinance, or regulation is in question.

2. All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto.

3. All cases in which the jurisdiction of any lower court is in issue.

4. All criminal cases in which the penalty imposed is reclusion perpetua or higher. 5. All cases in which only an error or question of
law is involved.

Administrative Powers
Under Article VIII, Section 5 (3,4,5,6), the Supreme Court does not only interpret the law and decide cases, but it also exercises
administrative powers to supervise all the courts of the land as well as the admission and practice of law by lawyers. Thus, the
Supreme Court can:

1. Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignment shall not
exceed six months without the consent of judge concerned.

2. Order a change of venue or place of trial to avoid a miscarriage of justice.

3. Appoint all officials and employee of the Judiciary in accordance with the Civil Service Law.

4. Promulgate rules concerning:

(i) the protection and enforcement of constitutional rights; (ii) pleadings in courts;
(iii) the practice of law by lawyers;
(iv) procedure in all courts;
(v) the admission to the practice of law;
(vi) the integrated Bar; and
(viii) legal assistance to the underprivileged.

Summary on the Topic Courts in the Philippines: Functions, Head, Composition and Jurisdiction

TYPE DESCRIPTION COMPOSITION GENERAL FUNCTION

REVIEW COURTS
1. Reviews losing cases on appeal from CA, CTA, and
Sandiganbayan;
2. Reviews all cases involving constitutionality of a
treaty, international agreement, executive order, law,
presidential decree,

14 Associate Justices with proclamation, instruction, ordinance and other

1 Chief Justice; 3 regulations;
Supreme Court The highest court of the land
divisions with 5 justices 3. Reviews all cases under Rules of Court to be heard
for each division en banc or by all justices of the SC;

4. Promulgate rules concerning protection and

enforcement of Constitutional rights, pleading,
practice, procedure in all courts, admission to the
practice of law, Integrated Bar, and legal assistance of
the underprivileged.
1 presiding justice and
General Appeals
Court of Appeals 50 associate justices; 17
Court for regular criminal, Reviews cases on appeal decided by trial courts
(CA) divisions, with 3 justices
administrative and civil cases
for each division
1. Reviews cases on appeal Appeals (CTA) Appeals
Court on Taxation

Cases sitting in divisions and headed by a Presiding

justice which are previously decided by the BIR and
Court of Tax Bureau of Customs Commissioners on taxation and
Specialized Composed of justices
Appeals customs duties;

2. Reviews decisions of provincial or city boards of

assessment on taxation or real property and other
matters arising under Assessment Law, now under the
Local Government Code.
1. Tries cases involving graft and corruption by public
Trial and appellate court for Composed of justices official punishable by more than 6 years;
criminal and graft and sitting in divisions of 3
Sandiganbayan
corruption cases committed members and headed by a 2. Reviews cases on appeal from RTC committed by
by public officers Presiding justice public officials on graft or criminal cases punishable by
6 years or less.
TRIAL COURTS
720 RTCs and judges,
Tries criminal, administrative and civil cases of serious
Regional Trial Regular trial court for serious distributed throughout the
nature; Appellate court for decisions of municipal and
Court (RTC) offences and civil breaches 12 judicial regions in the
metropolitan trial courts
country
Metropolitan Trial Trial Court in big or chartered Presiding Judge and Tries less serious criminal, administrative, and civil
Court (MeTC) cities court employees cases involving smaller amounts
Metropolitan Trial A group of small Presiding judge Tries less serious criminal, administrative and civil cases
Circuit Courts Metropolitan Trial and
(MTCC) courts under one judge court employees
Presiding Judge
Municipal Trial Trial courts in
and court Tries less serious criminal, administrative and civil cases
Court (MTC) municipalities
employees
Consists of 2 or
Municipal circuit more small municipal Presiding Judge
Trial Court courts for 2 or more Tries less serious criminal, administrative and civil cases
(MCTC) small MTC courts
under 1 judge
COURT FOR MUSLIMS
Hears all cases involving children, inheritance and estate of deceased
Muslims, petitions of declaration of absence & death and correction of
entries, customary contracts, petitions

for mandamus, injunction, certiorari, habeas corpus and other writs in

District Court Trial Presiding judge
aid of its appellate jurisdiction;
Shariah courts for Filipino and
Muslims court employees
2. Concurrently with existing civil courts, it exercises jurisdiction over
petition by Muslims or constitution of a family home, change of name
and commitment of insane to any asylum and all other personal and
real actions involving Muslims; 3. All special civil actions for
interpleader or declaratory relief for Muslims.
Presiding judge 1. Tries all cases involving offenses under Muslim Code (P.D. No.
Shariah Circuit Trial courts for
and 1083);
Court Filipino Muslims
court employees 2. All civil cases between parties who are Muslims and married in

accordance to the Muslim Code;

3. All cases involving disputes relative to communal rights.