Policy Makers

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Two of the Policy Makers in the Philippines, the Executive & Legislative Department....

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  • The legislative department was placed ahead of the executive department because it is the repository of the people’s sovereignty. It is composed of the Senate, which is the Upper House and Congress, being the Lower House.
  • Note: the constitution limits the House of Representatives to 250 members; the number of members allowed was increased, however, through legislation when in April 2009 the Philippine Supreme Court ruled that additional party members could sit in the House of Representatives if they received the required number of votes.
  • The President Just like in the previous administration wherein Prest Cory Aquino appointed VP Salvador Laurel as Foreign Service Secretary
  • Note that Sec. 20 The President has the authority to enter into contract or guarantee foreign loans because he represents the country but Sec. 21 states that any treaty or agreement can only be valid if it is approved by 2/3 members of the Upper House (Senate).
  • Sec. 17. The President shall have control of all the executive departments, bureaus, and offices. He shall ensure that the laws be faithfully executed.
  • It is important to note that during the term of President Ferdinand E. Marcos, he used Executive Issuances known as Presidential Decrees as a form of legislation. These Presidential Decrees have the full force and effect of laws because at the time the legislature did not exist and, when the 1973 Constitution was put into full force and effect, it gave the power to the President to as such. This continued until the first year of President Corazon C. Aquino’s term. However, President C. Aquino opted to used Executive Orders instead of Presidential Decrees. These Executive Orders of President C. Aquino, however, still had the full force and effect of laws until the ratification of the 1987 Constitution.
  • Policy Makers

    1. 1. Legislative & Executive Department By: Alex S. Regado Administrative Theory and Policy – Making(DPM 603 ) Professor: Max Aljibe
    2. 2. Outline I. Introduction a. Different Branches of the Government b. The Principle of Separation of Powers c. Principle of Check and Balance II. The Legislative Department
    3. 3. DIFFERENT BRANCHES OF THE PHILIPPINE GOVERNMENT The structure of the Philippine government is divided into three branches:  the Legislative Department (Article 6);  the Executive Department (Article 7 )7); and  the Judicial Department (Article 8).
    4. 4. THE PRINCIPLE OF SEPARATION OF POWERS The powers of the government, by virtue of this principle are divided into three (3) distinct classes: the legislative, the executive and the judicial. They are distributed, respectively among the legislative, executive, and judicial branches or departments of the government. Under the principle of co-equal and coordinate powers among the three (3) branches, the officers entrusted with each of these powers are not permitted to encroach upon the powers confided to the others. If one department goes beyond the limits set by the Constitution, its acts are null and void. The adoption of this principle was motivated by the belief that arbitrary rule would result if the same person or body were to exercise all the powers of the government.
    5. 5. PRINCIPLE OF CHECKS AND BALANCES The three co-equal departments are established by the constitution in as balanced positions as possible. To maintain this balance or to restore it if upset, each department is given certain powers with which to check the others. - - Checks by the President may veto or disapprove bills enacted by the Congress (Sec. 27:1) through pardoning power, he may modify or set aside the judgments of courts (Art. VII, Sec 19) - - Checks by the Congress Congress may override the veto of the President (Sec. 27:1) Reject certain appointments of the President (Art. VII, Sec. 16) Revoke the proclamation of martial law or suspension of the writ of habeas corpus by the President (Art. VII, Section 18) Amend or revoke the decision of the Court by the enactment of a new law or by an amendment of the old The power to impeach the President and the members of the Supreme Court. Checks by the Judiciary the Supreme Court as the final arbiter may declare legislative measures or executive acts unconstitutional (Art. VIII, Sec 4:2) determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of the Congress or President (Art. VIII, Sec. 2:2)
    6. 6. ARTICLE VI THE LEGISLATIVE DEPARTMENT Upper & Lower House
    7. 7. ARTICLE VI THE LEGISLATIVE DEPARTMENT The legislative power shall be vested in the Congress of the Philippines, which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum.
    8. 8. Qualification in Congress            SENATORS a natural born citizens of the Philippines at least 35 years of age on the day of the election able to read and write a registered voter a resident of the Philippines for not less than two (2) years immediately preceding the day of the election HOUSE OF REPRESENTATIVES a natural-born citizen of the Philippines at least 25 years of age on the day of the election able to read and write except for a party-list representative, a registered voter in the district in which he shall be elected  a resident thereof for a period of not less than one year preceding the election  ADDITIONAL QUALITICATION FOR PARTY-LIST REPRESENTATIVES:  a bona fide member of the party or organization which he seeks to represent for at least ninety (90) days preceding the day of the election,
    9. 9. COMPOSITION SENATE – 24  Currently the Philippine Senate is composed of 23 Senators HOUSE OF REPRESENTATIVES  Not more than 250 members including the Party-list Representatives  District Representatives – 80%  Party-list Representatives -20%  Currently there are 285 members of the House of Representatives  229 – District representatives  56 – Sectoral Representatives, elected on the basis of one seat for every 2% of total vote but are limited to 3 seats.
    10. 10. TERMS OF OFFICE  SENATE – 2 consecutive terms allowed with 6 years per term  DISTRICT AND PARTY-LIST REPRESENTATIVES  3 consecutive terms allowed with 3 years per term
    11. 11. POWERS OF CONGRESS THE LEGISLATIVE BRANCH Congress (Article 6) 1. THE POWER TO ENACT LAWS 2. Police Power 3. Power of Eminent Domain 4. Power of Taxation 5. The power to choose who shall become President in case of tie (Section 4, par.4) 6. The power to impose death penalty (Art. 3, Sec 19) 7. The power to act as a constituent assembly (Art. XVII, section 1) 8. The power to declare the existence of war (Section 23) 9. The power to confirm the appointments of government officials (Section 19) 10. The power to ratify treaty (Art. 7, Section 21) 11. The power to conduct investigation in aid of legislation (Section 21) 12. Immunity from arrest for offenses punishable by not more than six years imprisonment (Section 11) 13. The power to appropriate money (Section 24 & 25) 14. The power to impeach (Art. XI, Sec. 2)
    12. 12. IMPEACHMENT Impeachment has been defined as a method of national inquest into the conduct of public men. It is essentially in the nature of a criminal prosecution before a quasi-political court, instituted by a written accusation called “articles of impeachment” upon a charge of the commission of a crime or some official misconduct or neglect. PURPOSE OF IMPEACHMENT Its purpose is to protect the people from official delinquencies or malfeasances. It is, therefore, primarily intended for the protection of the state, not for the punishment of the offender. The penalties attached to impeachment are merely incidental to the primary intention of protecting the people as a body politic.
    13. 13. OFFICIALS REMOVABLE BY IMPEACHMENT The President and Vice-president 2. The Members of the Supreme Court 3. The members of the Constitutional Commissions (COMELEC, COA & CSC) 4. The Ombudsman 1.
    14. 14. GROUNDS FOR IMPEACHMENTS  Culpable violation of the Constitution  Treason  Bribery  Graft and Corruption  Betrayal of Public Trust  Other High Crimes
    15. 15. Article VII Executive Department
    16. 16. The President is the Chief Executive and also called the head of State  is the Commander-in-Chief of the Armed Forces of the Philippines Control all government offices (Sec. 17) and create a new one through Executive Order. 
    17. 17. The Vice- President  can only assumed the presidency if the president has died, resigned or permanently disabled and can no longer function officially May be appointed by the President as a member of his cabinet without any confirmation from the Commission on Appointments (CA).
    18. 18. VP Jejomar Binay
    19. 19. QUALIFICATIONS OF PRESIDENT & VICE PRESIDENT natural-born citizen of the Philippines a registered voter able to read and write at least forty (40) years of age on the day of the election a resident of the Philippines for at least ten (10) years immediately preceding the election.
    20. 20. TERMS OF OFFICE President  6 years term June 30th  Non-renewable Why?  Subject to pressures  Can used incumbent position as an advantage  First term is used to ensure re-election  Give chance to others  Prevent nepotism and political dynasties Vice-President  6 years term  June 30th  Renewable  Another 6 year term  2 successive terms  VP succeeded as President  If served for more than 4 years  Disqualified  Pres. Arroyo
    21. 21. Official Residence of the President Malacañang Palace
    22. 22. Salary of the President  Art XVIII Section 17 ◦ Until the Congress provides otherwise, the President shall receive an annual salary of Php 300,000 ◦ Pres. Arroyo issued Exec. Order no. 611  10% increase over the basic monthly salary of all civilian government personnel  Previous Php 60,000  Php 95,000 (2010)  First pay check of PNoy (Php 63,000)  (2011) – Php 107,000  (2012) – Php 120,000
    23. 23. Salary of the Vice-President  2010 – Php 79, 451  2011 – Php 91,000  2012 – Php 103,000
    24. 24. POWERS OF THE PRESIDENT (Constitution) THE EXECUTIVE BRANCH President (Article 7) 1. THE POWER TO IMPLEMENT LAWS 2. Administrative Power and control over the agencies of the governments(Section 17) 3. The power to appoint government officials (Section 16) 4. The power to commute sentence, grant pardon, reprieve and amnesty (Section 19) 5. The power to declare martial law (Section 18) 6. The power to suspend the privilege of writ of habeas corpus (Section 18) 7. The power to veto a law (Art. 6, Section 7) 8. The power of supervision and control over the local government (Art. X, Section 4) 9. The power to conduct treaty and international agreement with other states (Section 21)
    25. 25. 10. The power to ratify the treaty 11. The power to declare martial law 12. The power to settle actual controversies involving rights which are legally demandable and enforceable 13. The power to act as a constituent assembly 14. The power to declare the existence of war 15. The power to confirm the appointments of government officials 16. The power to veto a law 17. The power of supervision and control over the local government 18. The power to conduct investigation in aid of legislation 19. The power to conduct treaty and international agreement with other states
    26. 26. Executive Branch of the Philippine Government
    27. 27. Section 22 & 23  The President shall submit to the Congress within 30 days from the opening of every regular session, as the basis of the general appropriation bill, a budget of expenditures and sources of financing, including receipt from existing and proposed revenue measures.  The President shall address the Congress at the Opening of its regular session. He may also appear before it at any other time. Note: Under the Aquino Administration, the DBM has established a new tradition of beginning the Budget Preparation phase earlier, to ensure that the National Budget is enacted on time. Under the new Budget Preparation Calendar, the Budget Call is issued in December (versus around April in the past); and the submission of the President’s budget a day after the State of the Nation Address (in contrast to earlier practice where it is submitted during the late in the 30-day window that the Constitution prescribes).
    28. 28. Powers of the President under Executive Order no. 292 s. 1987 (Administrative Code of 1987) Besides the Constitution, the powers of the President of the Philippines are specifically outlined in Executive Order no. 292 s. 1987, otherwise known as the Administrative Code of 1987. The following powers are: 1. Power of control over the Executive Branch The President of the Philippines has the mandate of control over all the executive departments, bureaus, and offices. This includes restructuring, reconfiguring, and appointments of their respective officials. The Administrative Code also provides for the President to be responsible for the above mentioned offices strict implementation of laws.
    29. 29. 2. Power Ordinance Power The President of the Philippines has the power give executive issuances. Executive Issuance are means to streamline the policy and programs of an administration. There are six issuances that the President may issue. They are the following as defined in the Administrative Code of 1987:  Executive Orders. — Acts of the President providing for rules of a general or permanent character in implementation or execution of constitutional or statutory powers shall be promulgated in executive orders.  Administrative Orders. — Acts of the President which relate to particular aspects of governmental operations in pursuance of his duties as administrative head shall be promulgated in administrative orders.
    30. 30. Proclamations. — Acts of the President fixing a date or declaring a status or condition of public moment or interest, upon the existence of which the operation of a specific law or regulation is made to depend, shall be promulgated in proclamations which shall have the force of an executive order. Memorandum Orders. — Acts of the President on matters of administrative detail or of subordinate or temporary interest which only concern a particular officer or office of the Government shall be embodied in memorandum orders. Memorandum Circulars. — Acts of the President on matters relating to internal administration, which the President desires to bring to the attention of all or some of the departments, agencies, bureaus or offices of the Government, for information or compliance, shall be embodied in memorandum circulars. General or Special Orders. — Acts and commands of the President in his capacity as Commander-in-Chief of the Armed Forces of the Philippines shall be issued as general or special orders.
    31. 31. 3. Power over Aliens The President of the Philippines has the power over non-Filipinos in the Philippines. The powers he may exercise over foreigners in the country are as follows: The Chief Executive may have an alien in the Philippines deported from the country after due process. The President may change the status of a foreigner, as prescribed by law, from a non-immigrant status to a permanent resident status without necessity of visa. The President may choose to overrule the Board of Commissioners of the Bureau of Immigration before their decision becomes final and executory (after 30 days of the issuance of the decision). The Board of Commissioners of the Bureau of Immigration jurisdiction over all deportation cases. The President is also mandated by the Administrative Code of 1987 to exercise powers as recognized by the generally accepted principles of international law.
    32. 32. 4. Powers of Eminent Domain, Escheat, Land Reservation and Recovery of Ill-gotten Wealth The President of the Philippines has the authority to exercise the power of eminent domain. The power of eminent domains means the state has the power to seize or authorize the seizure of private property for public use with just compensation. There are two constitutional provisions, however, that limit the exercise of such power. Article III, Section 9 (1) of the Constitution provides that no person shall be deprived of his/her life, liberty, or property without due process of law. Furthermore, Article III, Section 9 (2), provides that private property shall not be taken for public use without just compensation.
    33. 33. Power of Eminent Domain. — The President shall determine when it is necessary or advantageous to exercise the power of eminent domain in behalf of the National Government, and direct the Solicitor General, whenever he deems the action advisable, to institute expropriation proceedings in the proper court.  Power to Direct Escheat or Reversion Proceedings. — The President shall direct the Solicitor General to institute escheat or reversion proceedings over all lands transferred or assigned to persons disqualified under the Constitution to acquire land.  Power to Reserve Lands of the Public and Private Domain of the Government. —
    34. 34. Power to Reserve Lands of the Public and Private Domain of the Government. — (1) The President shall have the power to reserve for settlement or public use, and for specific public purposes, any of the lands of the public domain, the use of which is not otherwise directed by law. The reserved land shall thereafter remain subject to the specific public purpose indicated until otherwise provided by law or proclamation. (2) He shall also have the power to reserve from sale or other disposition and for specific public uses or purposes, any land belonging to the private domain of the Government, or any of the Friar lands, the use of which is not otherwise directed by law, and thereafter such land shall be used for the purposes specified by such proclamation until otherwise provided by law.
    35. 35. Power over Ill-gotten Wealth. — The President shall direct the Solicitor General to institute proceedings to recover properties unlawfully acquired by public officials or employees, from them or from their nominees or transferees. Within the period fixed in, or any extension thereof authorized by, the Constitution, the President shall have the authority to recover ill-gotten properties amassed by the leaders and supporters of the previous regime and protect the interest of the people through orders of sequestration or freezing of assets or accounts. 5. Power of Appointment The President may appoint officials of the Philippine Government as provided by the Constitution and laws of the Philippines. Some of these appointments, however, may need the approval of the Committee on Appointments. (A committee composed of members from the House of Representatives and the Senate of the Philippines)
    36. 36. 6. Power of General Supervision Over Local Governments The President of the Philippines, as Chief Executive, has the mandate to supervise local governments in the Philippines, despite their autonomous status as provided by RA 7160 otherwise known as the Local Government Code of 1991. Traditionally, this is done by the Department of the Interior and Local Government, headed by a Cabinet Secretary; an alterego of the President.
    37. 37. 7. Other Powers Aside from the aforementioned powers of the President of the Philippines, he can also exercise powers enumerated in the Constitution and powers given to him by law.
    38. 38. Line of 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 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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