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Classification of
Government
Module 3
Classification of Government
Philippine Government and Politics
5:30-7:00 PM MW
Obj. To determine and define the
classification of Government
College of Arts and Sciences
Social Sciences Department
Political Science Program
LYCEUM NORTHWESTERN UNIVERSITY
Legend
• Blue - Presidential Republic
• Yellow – Semi Presidential Republic
• Green – Parliamentary Republic, Executive Presidency linked to a parliament
• Orange – Parliamentary Republic
• Red – Parliamentary Constitutional; Monarchy butno power
• Magenta –Constitutional Monarchy in which the monarch personally exercises
power, often (but not always) alongside a weak parliament
• Purple – Absolute Monarchy
• Brown – Countries where the dominant role of the political party or coalition
codified in the constitution
•Dark green – Countries where constitutional provisions for government have been
suspended
•Grey – Countries that do not fit in any of the above listed systems
•Light grey – No government
There are many different
types of government all
around the world
Who Rules?
None One Few All
Anarchy Monarchy
Dictatorship
Oligarchy Democracy
Direct
Representative
Rule by One
• One person rules over everyone. In this case,
one person in in charge with the country and
government.
King Abdullah bin Abdul Aziz Al Saud
North Korean Leader Kim Jong Un
Monarchy
• Monarchy when a King or
Queen rules thru inherited
power
King Harald and Queen Sonja of Norway
Dictatorship
“A form of government in which one person or a small
group possesses absolute power without effective
constitutional limits.” – Encyclopedia Britannica
• As elaborated by the encyclopedic definition, a
dictatorship also consists of a few key factors:
• No division of power
• Little to no constitutional backbone
• Little to no social liberties or personal freedoms
• Swift and severe disciplinary policies on citizens
• Manipulation of media and the usage of propaganda
to increase the states influence
free
partly
free
Not
free
Using Freedom House’s
predetermined criteria which takes into
account factors that are eerily similar
to those outline in the definition of a
dictatorship, it becomes increasingly
clear that there are a number of
countries across the globe that may fit
the bill.
Freedom House’s criteria includes
factors such as:
o Personal rights
o Political pluralism
o Functioning of government
o Rule of law
o Personal autonomy
Dictatorship a ruler who seizes power
through military action
autocratic ruler of Belarus
Rule by Few
A few people rule over everyone. In this
case few people rule over a country or
government.
Some examples of the oligarchic
system of government can be found in
Russia following the fall of the Soviet
Union when a group of private
businessmen dominate both wealth and
political power in the Russian
government. In the Russian example,
oligarchs are identified as business
magnates perceived as close to the
current form of government. As of 2014,
110 Russian billionaires account for 35
percent of the country's wealth
Oligarchy
In an oligarchy (OH-lih-gar-kee), a small group of people
has all the power. Oligarchy is a Greek word that means “rule
by a few.” Sometimes this means that only a certain group has
political rights, such as members of one political party, one
social class, or one race. For example, in some societies, only
noble families who owned land could participate in politics.
An oligarchy can also mean that a few people control the
country. For example, a junta is a small group of people—
usually military officers—who rule a country after taking it
over by force. A junta often operates much like a dictatorship,
except that several people share power.
Religious Rule
• A theocracy is a government that
recognizes God or a divine being as
the ultimate authority. (“Theo” is a
Greek word that means god.) In a
theocracy, religious law is used to
settle disputes and rule the people. A
theocracy can also be a democracy,
dictatorship, monarchy, or just about
any other kind of government. For
example, the Republic of Iran
recognizes Islamic law, but Iran’s
citizens vote to elect their leaders.
Modern theocracies are usually found
in countries where the population is
strongly religiou
Iran’s Supreme
Leader Ayatollah Ali
Khamenei
Plutocracy
• Plutocracy (from Greek , ploutos, meaning
"wealth", and κράτος, kratos, meaning
"power, dominion, rule") or plutarchy, is a
form of oligarchy and defines a society ruled
or controlled by the small minority of the
wealthiest citizens.
Meritocracy
• The term was coined by the UK sociologist Michael
Young in 1958 book, 'The Rise Of Meritocracy.’
Governance by elites who deserve to wield
power because they possess merit (defined as
'intelligence plus effort') instead of by those who
merely possess wealth or belong to privileged
to classes. Such a System in theory, forms the basis
of an equal opportunity society. But, in practice,
unrestricted meritocracy may result in a society
without rules and concentrate power in only a few
hands.
Technocracy Government
• A form of government in which scientists and
technical experts are in control; "technocracy w
as described as that society in which those
who govern justify themselves by appeal to
technical experts who by appeal to scientific f
orms of knowledge"
Technocratic Countries in Europe: Czech Republic, Germany,
Greece, Russia
All North American Technocratic Countries: Canada, United States of
America
Rule by Many
• A lot of different people rule everyone. In this
case, lot of people are in charge with the
country or government
Democracy
• Democracy means power to the people and is
a limited government
• Direct democracy when all people vote on
every law that is passed
• In a Representative Democracy, citizens elect leaders to
represent their rights and interests in government. The elected leaders, or
representatives, do the day-to-day work of governing the country: They
consider the issues, work to find solutions, pass laws, and do all of the
other things necessary to keep a country going. Citizens hold the ultimate
power, though, because if they don’t like what their representatives are
doing, they can vote in new ones
Parliamentary Republic
A Parliamentary Republic is a system in which a prime minister is
the active head of the Executive Branch of government and also leader
of the Legislature. The president's degree of executive power may
range from being reasonably significant (e.g. Pakistan) to little (e.g.
India) or none at all (e.g. Ireland). Where the president holds little
executive power, his or her function is primarily that of a symbolic
figurehead.
Remember:
• Nearly every country in the world is ruled by a
system that combines 2 or more of these (for
example, the USA is not a true capitalist
society, since the government actually
provides some services for its citizens).
Additionally, one person's opinion of the type
of government may differ from another's
(many argue that the USA is actually a
plutocracy rather than a democracy
Module 7
Objective: To determine and discuss the
functions of the branches of government
College of Arts and Sciences
Social Sciences Department
Political Science Program
LYCEUM NORTHWESTERN UNIVERSITY
Branches of the Government
Republic
A Republic is a sovereign state or country ] which is
organized with a form of government in which power resides
in elected individuals representing the citizen body and
government leaders exercise power according to the rule of
law.
• The power of government is held by the people.
• The people give power to leaders they elect to
represent them and serve their interests.
• The representatives are responsible for helping all the
people in the country, not just a few people.
Philippine Republic
Pres.Benigno Simeon "Noynoy" Cojuangco Aquino
There have been five republics in the history of the Philippines:
o First Philippine Republic (January 23, 1899 – March 23, 1901)
oSecond Philippine Republic (October 14, 1943 – August 17, 1945)
oThird Philippine Republic (July 4, 1946 – September 21, 1972)
o Fourth Philippine Republic (June 30, 1981 – February 25, 1986)
oFifth Philippine Republic (February 2, 1987 – present)
Brainbelen: Published on Apr 06, 2010
http://www.slideshare.net/brianbelen/the-executive-department?qid=1a9ec2b6-c497-4825-
9d3f-a148121f4141&v=qf1&b=&from_search=1
Branches of Government
Executive Brach
• President
• Vice Pres
• Cabinet
Legislative
Branch
• Senate
• House of
Representatives
Judicial Branch
• Supreme Court
• RTC/MTC
• Special Courts
Executive
Branch
Source: http://www.slideshare.net/brianbelen/the-executive-department
o Charged with the execution and administration of a
country’s laws
o The Executive Branch .Charged with the execution and
administration of a country’s laws. In general, the
executive branch sets the direction of national policy
o Executive power in the Philippine government is vested
in the office of the President of the Republic
o The term of the President is for six years (no re-
election). No person who has succeeded and served
as President for four (4) years can run again
o Vice-President: maximum two (2) terms
Presidential Privileges
• Appoint the heads of the different
executive departments
• Appoint ambassadors, consuls and public
ministers
• Appoint armed forces personnel from the
rank of colonel or naval captain
• Contract / guarantee foreign loans
• Negotiate foreign treaties
• Make appointments not otherwise provided
for by law
• Suspend the writ of habeas corpus
• Declare martial law
• Prepare the national budget
• Perform acts of clemency (Acts of Clemency,
Amnesty, Pardon, Commutation, Reprieve,
Remission of fines and forfeitures)
Presidential Privileges
• Pardon – forgiveness given to individual
• Amnesty – forgiveness given to a big group of
individuals
• Commutation – reducing the penalty
• Reprieve – Delay of punishment
May grant pardon, amnesty or reduce the
sentence of those convicted on the final
judgment of the Supreme Court
• The President Cannot: Hold any other office or
enjoy any other form of employment ; Make
appointments two months prior to the next
elections ; Make appointments within the 4 th
civil degree of consanguinity.
• The President Cannot: Increase his/her salary
or that of the Vice-President during his/her
term;
• Ratify foreign treaties
• Grant clemency in cases of impeachment
Causes of Vacancy
• Permanent Disability; Resignation; Impeachment
• Causes of Vacancy: Written declaration that s/he is
unable to discharge the powers and duties of the
Office ; If a majority of the Cabinet makes a written
declaration that the President cannot discharge the
powers and duties of the Office
• More on Vacancy. The President can, at a later time,
inform Congress s/he is fit to perform her/his duties
again
• Congress can judge otherwise by a two-thirds vote
of both houses voting separately.
Causes of Vacancy
• Even More on Vacancy, if the President falls seriously
ill. The public will be informed of his/her state of
health
• Members of the Cabinet in charge of national
security and foreign relations shall have access to the
President
• The Chief of Staff of the Armed Forces shall have
access to the President
• President can be impeached if found to accept
bribes, betray his countrymen, lose of
confidence, performed crimes against people,
violation of the constitution, graft and
corruption
Vice President
• To replace the President when he dies,
resigns, or is impeached
http://www.slideshare.net/MarcyTrinidad/branches-of-government
The Legislative
Branch
Source: http://www.slideshare.net/brianbelen/the-philippine-legislature
The Legislative Branch
• From the Latin lex, legis meaning law
• The legislative branch broadly deals
with the making, deliberation over,
enactment, amendment and
repealing of laws
Basic Structures
There are two basic structures for legislative
branches of government:
1. Unicameral
– The legislative branch consists of one
chamber/house
2. Bicameral
– Legislative power is vested in two
chambers/houses
The Philippine Congress
The Philippine Congress is the country’s
legislative department (Art. VI, Sec. 1)
Congress is bicameral
oUpper House: Senate
oLower House: House of Representatives
Senate
Composition
Qualifications
Term of Office
o 24 Senators elected at large
o Natural-born citizen
o At least 35 years old on election
day
o Literate (can read and write)
o Registered voter
o Philippine resident for 2 years
prior to election day
o 6 years
o Maximum: 2 terms
House of Representatives
o 200 district reps, 50 party list
o Natural-born citizen
o At least 25 years old on election
day
o Literate (can read and write)
o Registered voter of the district
o District resident for 1 year prior
to election day
o 3 years
o Maximum: 3 terms
Composition
Qualifications
Term of Office
House of Representatives
o 200 district reps, 50 party list
o Natural-born citizen
o At least 25 years old on election
day
o Literate (can read and write)
o Registered voter of the district
o District resident for 1 year prior
to election day
o 3 years
o Maximum: 3 terms
Composition
Qualifications
Term of Office
In Case of Vacancy
• Vacancy can be filled through regular
election
• Special elections can be called for
the purpose of filling the vacancy
• In either circumstance, the one
elected merely sits for the unexpired
term
Article VI, Section 9
The Legislative Branch
o It passes law
o It punishes and determine crimes against the
state
o It determine the taxes people should pay
o It determine the budget to be spent for puclic
o can create and abolish courts except SC
o The power to declare war
Parliamentary Privileges
Congressmen have two parliamentary
privileges while Congress is in session:
1. Privilege from arrest
o Immunity from offenses punishable by not more
than six years imprisonment
2. Privilege of speech and debate
o Immunity from libel and slander
Article VI, Section 11
Transparency
Elected Congressmen must:
1. Fully disclose their financial and business
interests
2. Disclose potential conflicts of interests that
arise in the course of legislation
3. Keep from any other office or employment
(appointed or otherwise), forfeit his/her
seat to do so
(Article VI, Sections 12-13)
Structure and Dynamics
o Senate President and House Speaker elected
by majority vote
o Other officers, procedures and the discipline
of its members is at the discretion of each
house
o Quorum: Majority
o Each House maintains a journal and record of
proceedings
o Neither House can adjourn without the
other’s consent while in session
(Article VI, Section 16)
Powers of Congress
1. Appointment of Public Officials (Article VI,
Sections 17-19 (esp. 18)
2. Legislative inquiry and
investigation(Investigations in aid of legislation:
Article VI, Section 21)
3. Declare the existence of a state of war :
(Article VI, Section 23)
Powers of Congress
4. Ratify the country’s international
treaties (Senate) Treaties: Article VII, Section
21 (The Executive Branch)
5. Authorize limited emergency powers for
the President (Emergency Powers: Article VI,
Section 23)
Powers of Congress
6. Approve the government budget
(Article VI, Sec. 4-52)
7. Undertake projects under the CDF
8. Propose, review, and adopt bills for
enactment into law (Article VI, Sec. 27).
Powers of Congress
9. Overturn a Presidential veto with respect to
proposed legislation ( Article VI, Sec. 32)
10. Allow for referenda ( Article XVII, Sections 1-
2)
11. Propose amendments to the constitution
and call for a constitutional convention
Legislative Limitations
Congress may not:
1. Increase appropriations recommended by
the executive branch
2. Pass tax exemptions without the
concurrence of a majority of its members
3. Grant titles of nobility
4. Pass ex post facto bills
5. Pass bills of attainder
How a Bill Becomes Law
~House of Representatives~
1st Reading 2nd Reading 3rd Reading
Source: http://www.slideshare.net/brianbelen/the-philippine-judiciary
How a Bill Becomes Law
~Senate~
Source: http://www.slideshare.net/brianbelen/the-philippine-judiciary
How a Bill Becomes Law
Source: http://www.slideshare.net/brianbelen/the-philippine-judiciary
How a Bill Becomes Law
Source: http://www.slideshare.net/brianbelen/the-philippine-judiciary
How a Bill Becomes Law
~House of Representatives~
1st Reading 2nd Reading 3rd Reading
1st Reading 2nd Reading 3rd Reading
PresidentAPPROVE VETO
30 DAY PERIOD
Source: http://www.slideshare.net/brianbelen/the-philippine-judiciary
http://www.slideshare.net/MarcyTrinidad/branches-of-government
Source: http://www.slideshare.net/brianbelen/the-philippine-judiciary
The Judicial Department
Article VIII, Section 1: Judicial power will be
vested in the Supreme Court and all lower
courts
Judicial power: the power to apply the laws to
contests or disputes concerning legally
recognized rights
Loosely, the judiciary refers to the court
system
Judicial Power
 Generally entails two activities:
o Settling legal controversies
o Determining whether there has been
grave abuse of discretion amounting to
lack or excess of jurisdiction by any
branch of government
Scope of Judicial Power
Adjudicating Power
o The power to settle legal disputes
Power of Judicial Review
o Refers to the power of the Supreme
Court to interpret and make
judgments with respect to the law
Incidental Powers
o Powers necessary for the discharge of
the judicial function
The Supreme Court
Composition
o 1 Chief Justice and 14 Associate Justices
o Sits en banc or in divisions
Qualifications
o By appointment
o 40 years of age
o Natural born citizen
o Judge or legal practitioner for 15 years
Powers of the Supreme Court
SC has jurisdiction over:
o Cases involving ambassadors and public
ministers
o Petitions for certiorari, mandamus, quo
warranto, prohibition & habeas corpus
Review judgments of lower courts
o Cases involving constitutionality, legality of
any tax, reclusion perpetua and errors on
questions of law
o Assignment of judges to the lower
courts
o Order a change of venue for a trial
o Promulgate rules of court
o Appoint officials of the judiciary and
hire employees for the judicial branch
Powers of the Supreme Court
Judicial and Bar Council
o Tasked with nominating appointees to the
Judiciary (SC  3)
o Composition:
o Chief Justice
o Secretary of Justice
o Representative from Congress
o IBP Representative
o Prof. of law
o Private Sector Representative
Rendering Court Decisions
o Once a decision is reached, a SC Justice
is assigned to write an opinion
o The opinion is certified by the Chief
Justice and served to the parties
concerned
o Dissentions and abstentions must be
explained
o The opinion must explain facts of law
http://www.slideshare.net/MarcyTrinidad/branches-of-government

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Classification of Government

  • 2. Module 3 Classification of Government Philippine Government and Politics 5:30-7:00 PM MW Obj. To determine and define the classification of Government College of Arts and Sciences Social Sciences Department Political Science Program LYCEUM NORTHWESTERN UNIVERSITY
  • 3. Legend • Blue - Presidential Republic • Yellow – Semi Presidential Republic • Green – Parliamentary Republic, Executive Presidency linked to a parliament • Orange – Parliamentary Republic • Red – Parliamentary Constitutional; Monarchy butno power • Magenta –Constitutional Monarchy in which the monarch personally exercises power, often (but not always) alongside a weak parliament • Purple – Absolute Monarchy • Brown – Countries where the dominant role of the political party or coalition codified in the constitution •Dark green – Countries where constitutional provisions for government have been suspended •Grey – Countries that do not fit in any of the above listed systems •Light grey – No government There are many different types of government all around the world
  • 4. Who Rules? None One Few All Anarchy Monarchy Dictatorship Oligarchy Democracy Direct Representative
  • 5. Rule by One • One person rules over everyone. In this case, one person in in charge with the country and government. King Abdullah bin Abdul Aziz Al Saud North Korean Leader Kim Jong Un
  • 6. Monarchy • Monarchy when a King or Queen rules thru inherited power King Harald and Queen Sonja of Norway
  • 7. Dictatorship “A form of government in which one person or a small group possesses absolute power without effective constitutional limits.” – Encyclopedia Britannica • As elaborated by the encyclopedic definition, a dictatorship also consists of a few key factors: • No division of power • Little to no constitutional backbone • Little to no social liberties or personal freedoms • Swift and severe disciplinary policies on citizens • Manipulation of media and the usage of propaganda to increase the states influence
  • 8. free partly free Not free Using Freedom House’s predetermined criteria which takes into account factors that are eerily similar to those outline in the definition of a dictatorship, it becomes increasingly clear that there are a number of countries across the globe that may fit the bill. Freedom House’s criteria includes factors such as: o Personal rights o Political pluralism o Functioning of government o Rule of law o Personal autonomy
  • 9. Dictatorship a ruler who seizes power through military action autocratic ruler of Belarus
  • 10. Rule by Few A few people rule over everyone. In this case few people rule over a country or government. Some examples of the oligarchic system of government can be found in Russia following the fall of the Soviet Union when a group of private businessmen dominate both wealth and political power in the Russian government. In the Russian example, oligarchs are identified as business magnates perceived as close to the current form of government. As of 2014, 110 Russian billionaires account for 35 percent of the country's wealth
  • 11. Oligarchy In an oligarchy (OH-lih-gar-kee), a small group of people has all the power. Oligarchy is a Greek word that means “rule by a few.” Sometimes this means that only a certain group has political rights, such as members of one political party, one social class, or one race. For example, in some societies, only noble families who owned land could participate in politics. An oligarchy can also mean that a few people control the country. For example, a junta is a small group of people— usually military officers—who rule a country after taking it over by force. A junta often operates much like a dictatorship, except that several people share power.
  • 12. Religious Rule • A theocracy is a government that recognizes God or a divine being as the ultimate authority. (“Theo” is a Greek word that means god.) In a theocracy, religious law is used to settle disputes and rule the people. A theocracy can also be a democracy, dictatorship, monarchy, or just about any other kind of government. For example, the Republic of Iran recognizes Islamic law, but Iran’s citizens vote to elect their leaders. Modern theocracies are usually found in countries where the population is strongly religiou Iran’s Supreme Leader Ayatollah Ali Khamenei
  • 13. Plutocracy • Plutocracy (from Greek , ploutos, meaning "wealth", and κράτος, kratos, meaning "power, dominion, rule") or plutarchy, is a form of oligarchy and defines a society ruled or controlled by the small minority of the wealthiest citizens.
  • 14. Meritocracy • The term was coined by the UK sociologist Michael Young in 1958 book, 'The Rise Of Meritocracy.’ Governance by elites who deserve to wield power because they possess merit (defined as 'intelligence plus effort') instead of by those who merely possess wealth or belong to privileged to classes. Such a System in theory, forms the basis of an equal opportunity society. But, in practice, unrestricted meritocracy may result in a society without rules and concentrate power in only a few hands.
  • 15. Technocracy Government • A form of government in which scientists and technical experts are in control; "technocracy w as described as that society in which those who govern justify themselves by appeal to technical experts who by appeal to scientific f orms of knowledge" Technocratic Countries in Europe: Czech Republic, Germany, Greece, Russia All North American Technocratic Countries: Canada, United States of America
  • 16. Rule by Many • A lot of different people rule everyone. In this case, lot of people are in charge with the country or government
  • 17. Democracy • Democracy means power to the people and is a limited government • Direct democracy when all people vote on every law that is passed
  • 18. • In a Representative Democracy, citizens elect leaders to represent their rights and interests in government. The elected leaders, or representatives, do the day-to-day work of governing the country: They consider the issues, work to find solutions, pass laws, and do all of the other things necessary to keep a country going. Citizens hold the ultimate power, though, because if they don’t like what their representatives are doing, they can vote in new ones
  • 19. Parliamentary Republic A Parliamentary Republic is a system in which a prime minister is the active head of the Executive Branch of government and also leader of the Legislature. The president's degree of executive power may range from being reasonably significant (e.g. Pakistan) to little (e.g. India) or none at all (e.g. Ireland). Where the president holds little executive power, his or her function is primarily that of a symbolic figurehead.
  • 20. Remember: • Nearly every country in the world is ruled by a system that combines 2 or more of these (for example, the USA is not a true capitalist society, since the government actually provides some services for its citizens). Additionally, one person's opinion of the type of government may differ from another's (many argue that the USA is actually a plutocracy rather than a democracy
  • 21. Module 7 Objective: To determine and discuss the functions of the branches of government College of Arts and Sciences Social Sciences Department Political Science Program LYCEUM NORTHWESTERN UNIVERSITY Branches of the Government
  • 22. Republic A Republic is a sovereign state or country ] which is organized with a form of government in which power resides in elected individuals representing the citizen body and government leaders exercise power according to the rule of law. • The power of government is held by the people. • The people give power to leaders they elect to represent them and serve their interests. • The representatives are responsible for helping all the people in the country, not just a few people.
  • 23. Philippine Republic Pres.Benigno Simeon "Noynoy" Cojuangco Aquino There have been five republics in the history of the Philippines: o First Philippine Republic (January 23, 1899 – March 23, 1901) oSecond Philippine Republic (October 14, 1943 – August 17, 1945) oThird Philippine Republic (July 4, 1946 – September 21, 1972) o Fourth Philippine Republic (June 30, 1981 – February 25, 1986) oFifth Philippine Republic (February 2, 1987 – present)
  • 24. Brainbelen: Published on Apr 06, 2010 http://www.slideshare.net/brianbelen/the-executive-department?qid=1a9ec2b6-c497-4825- 9d3f-a148121f4141&v=qf1&b=&from_search=1
  • 25. Branches of Government Executive Brach • President • Vice Pres • Cabinet Legislative Branch • Senate • House of Representatives Judicial Branch • Supreme Court • RTC/MTC • Special Courts
  • 27. o Charged with the execution and administration of a country’s laws o The Executive Branch .Charged with the execution and administration of a country’s laws. In general, the executive branch sets the direction of national policy o Executive power in the Philippine government is vested in the office of the President of the Republic o The term of the President is for six years (no re- election). No person who has succeeded and served as President for four (4) years can run again o Vice-President: maximum two (2) terms
  • 28. Presidential Privileges • Appoint the heads of the different executive departments • Appoint ambassadors, consuls and public ministers • Appoint armed forces personnel from the rank of colonel or naval captain • Contract / guarantee foreign loans • Negotiate foreign treaties
  • 29. • Make appointments not otherwise provided for by law • Suspend the writ of habeas corpus • Declare martial law • Prepare the national budget • Perform acts of clemency (Acts of Clemency, Amnesty, Pardon, Commutation, Reprieve, Remission of fines and forfeitures) Presidential Privileges
  • 30. • Pardon – forgiveness given to individual • Amnesty – forgiveness given to a big group of individuals • Commutation – reducing the penalty • Reprieve – Delay of punishment May grant pardon, amnesty or reduce the sentence of those convicted on the final judgment of the Supreme Court
  • 31. • The President Cannot: Hold any other office or enjoy any other form of employment ; Make appointments two months prior to the next elections ; Make appointments within the 4 th civil degree of consanguinity. • The President Cannot: Increase his/her salary or that of the Vice-President during his/her term; • Ratify foreign treaties • Grant clemency in cases of impeachment
  • 32. Causes of Vacancy • Permanent Disability; Resignation; Impeachment • Causes of Vacancy: Written declaration that s/he is unable to discharge the powers and duties of the Office ; If a majority of the Cabinet makes a written declaration that the President cannot discharge the powers and duties of the Office • More on Vacancy. The President can, at a later time, inform Congress s/he is fit to perform her/his duties again • Congress can judge otherwise by a two-thirds vote of both houses voting separately.
  • 33. Causes of Vacancy • Even More on Vacancy, if the President falls seriously ill. The public will be informed of his/her state of health • Members of the Cabinet in charge of national security and foreign relations shall have access to the President • The Chief of Staff of the Armed Forces shall have access to the President
  • 34. • President can be impeached if found to accept bribes, betray his countrymen, lose of confidence, performed crimes against people, violation of the constitution, graft and corruption
  • 35. Vice President • To replace the President when he dies, resigns, or is impeached
  • 38. The Legislative Branch • From the Latin lex, legis meaning law • The legislative branch broadly deals with the making, deliberation over, enactment, amendment and repealing of laws
  • 39. Basic Structures There are two basic structures for legislative branches of government: 1. Unicameral – The legislative branch consists of one chamber/house 2. Bicameral – Legislative power is vested in two chambers/houses
  • 40. The Philippine Congress The Philippine Congress is the country’s legislative department (Art. VI, Sec. 1) Congress is bicameral oUpper House: Senate oLower House: House of Representatives
  • 41. Senate Composition Qualifications Term of Office o 24 Senators elected at large o Natural-born citizen o At least 35 years old on election day o Literate (can read and write) o Registered voter o Philippine resident for 2 years prior to election day o 6 years o Maximum: 2 terms
  • 42. House of Representatives o 200 district reps, 50 party list o Natural-born citizen o At least 25 years old on election day o Literate (can read and write) o Registered voter of the district o District resident for 1 year prior to election day o 3 years o Maximum: 3 terms Composition Qualifications Term of Office
  • 43. House of Representatives o 200 district reps, 50 party list o Natural-born citizen o At least 25 years old on election day o Literate (can read and write) o Registered voter of the district o District resident for 1 year prior to election day o 3 years o Maximum: 3 terms Composition Qualifications Term of Office
  • 44. In Case of Vacancy • Vacancy can be filled through regular election • Special elections can be called for the purpose of filling the vacancy • In either circumstance, the one elected merely sits for the unexpired term Article VI, Section 9
  • 45. The Legislative Branch o It passes law o It punishes and determine crimes against the state o It determine the taxes people should pay o It determine the budget to be spent for puclic o can create and abolish courts except SC o The power to declare war
  • 46. Parliamentary Privileges Congressmen have two parliamentary privileges while Congress is in session: 1. Privilege from arrest o Immunity from offenses punishable by not more than six years imprisonment 2. Privilege of speech and debate o Immunity from libel and slander Article VI, Section 11
  • 47. Transparency Elected Congressmen must: 1. Fully disclose their financial and business interests 2. Disclose potential conflicts of interests that arise in the course of legislation 3. Keep from any other office or employment (appointed or otherwise), forfeit his/her seat to do so (Article VI, Sections 12-13)
  • 48. Structure and Dynamics o Senate President and House Speaker elected by majority vote o Other officers, procedures and the discipline of its members is at the discretion of each house o Quorum: Majority o Each House maintains a journal and record of proceedings o Neither House can adjourn without the other’s consent while in session (Article VI, Section 16)
  • 49. Powers of Congress 1. Appointment of Public Officials (Article VI, Sections 17-19 (esp. 18) 2. Legislative inquiry and investigation(Investigations in aid of legislation: Article VI, Section 21) 3. Declare the existence of a state of war : (Article VI, Section 23)
  • 50. Powers of Congress 4. Ratify the country’s international treaties (Senate) Treaties: Article VII, Section 21 (The Executive Branch) 5. Authorize limited emergency powers for the President (Emergency Powers: Article VI, Section 23)
  • 51. Powers of Congress 6. Approve the government budget (Article VI, Sec. 4-52) 7. Undertake projects under the CDF 8. Propose, review, and adopt bills for enactment into law (Article VI, Sec. 27).
  • 52. Powers of Congress 9. Overturn a Presidential veto with respect to proposed legislation ( Article VI, Sec. 32) 10. Allow for referenda ( Article XVII, Sections 1- 2) 11. Propose amendments to the constitution and call for a constitutional convention
  • 53. Legislative Limitations Congress may not: 1. Increase appropriations recommended by the executive branch 2. Pass tax exemptions without the concurrence of a majority of its members 3. Grant titles of nobility 4. Pass ex post facto bills 5. Pass bills of attainder
  • 54. How a Bill Becomes Law ~House of Representatives~ 1st Reading 2nd Reading 3rd Reading Source: http://www.slideshare.net/brianbelen/the-philippine-judiciary
  • 55. How a Bill Becomes Law ~Senate~ Source: http://www.slideshare.net/brianbelen/the-philippine-judiciary
  • 56. How a Bill Becomes Law Source: http://www.slideshare.net/brianbelen/the-philippine-judiciary
  • 57. How a Bill Becomes Law Source: http://www.slideshare.net/brianbelen/the-philippine-judiciary
  • 58. How a Bill Becomes Law ~House of Representatives~ 1st Reading 2nd Reading 3rd Reading 1st Reading 2nd Reading 3rd Reading PresidentAPPROVE VETO 30 DAY PERIOD Source: http://www.slideshare.net/brianbelen/the-philippine-judiciary
  • 61. The Judicial Department Article VIII, Section 1: Judicial power will be vested in the Supreme Court and all lower courts Judicial power: the power to apply the laws to contests or disputes concerning legally recognized rights Loosely, the judiciary refers to the court system
  • 62. Judicial Power  Generally entails two activities: o Settling legal controversies o Determining whether there has been grave abuse of discretion amounting to lack or excess of jurisdiction by any branch of government
  • 63. Scope of Judicial Power Adjudicating Power o The power to settle legal disputes Power of Judicial Review o Refers to the power of the Supreme Court to interpret and make judgments with respect to the law Incidental Powers o Powers necessary for the discharge of the judicial function
  • 64. The Supreme Court Composition o 1 Chief Justice and 14 Associate Justices o Sits en banc or in divisions Qualifications o By appointment o 40 years of age o Natural born citizen o Judge or legal practitioner for 15 years
  • 65. Powers of the Supreme Court SC has jurisdiction over: o Cases involving ambassadors and public ministers o Petitions for certiorari, mandamus, quo warranto, prohibition & habeas corpus Review judgments of lower courts o Cases involving constitutionality, legality of any tax, reclusion perpetua and errors on questions of law
  • 66. o Assignment of judges to the lower courts o Order a change of venue for a trial o Promulgate rules of court o Appoint officials of the judiciary and hire employees for the judicial branch Powers of the Supreme Court
  • 67. Judicial and Bar Council o Tasked with nominating appointees to the Judiciary (SC  3) o Composition: o Chief Justice o Secretary of Justice o Representative from Congress o IBP Representative o Prof. of law o Private Sector Representative
  • 68. Rendering Court Decisions o Once a decision is reached, a SC Justice is assigned to write an opinion o The opinion is certified by the Chief Justice and served to the parties concerned o Dissentions and abstentions must be explained o The opinion must explain facts of law