(PhilGov) = Branches of government


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(PhilGov) = Branches of government

  1. 1. BRANCHES OF PHILIPPINE GOVERNMENT PHILGOV Amanda Rosa Blanca R. Arevalo October 2013 BSIT – 301P 5 The Executive Branch of Government The Executive branch is the part of government that has the sole authority and responsibility for the daily administration of the country. Composition The President The Vice President The Cabinet Function The President of the Philippines The 1987 Constitution vests the executive power to the President of the Philippines, who functions as the Head of State, Head of Government, and Commander-in-Chief of the Armed Forces of the Philippines. As Chief Executive, the President of the Philippines exercises control over all the executive departments, bureaus, and offices. The Vice-President of the Philippines Executive Function : The Vice President is mandated to ensure that laws are faithfully executed. Ceremonial Function : The Vice President performs ceremonial functions through meetings with representatives of foreign governments. He represents the Philippine government in official gatherings and receives foreign dignitaries, ambassadors, foreign investors, and other foreign officials. Page 1
  2. 2. BRANCHES OF PHILIPPINE GOVERNMENT PHILGOV Advisory Function : As a member of the Cabinet, the Vice President participates in the formulation of policies in the implementation of government programs and projects Constituency Function : The Vice President performs constituency function through consultations with local executives, lends support to their programs and extends financial assistance to them. The interactions with his constituents serve to provide the Vice President a first hand knowledge of their problems. His visits to the countryside enable the Vice President to formulate realistic policies that promote local concerns and make appropriate actions and recommendations to concerned agencies. Administrative Function : As head of the second highest office in the land, the VP performs administrative function. As administrator, the VP sees to it that the resources of the OVP are efficiently used to attain the goals and objectives of the office. The Vice President assumes the duties and responsibilities of the President (as Acting President) if : 1. the position of the President has not yet been chosen, until such has been chosen and qualified; 2. the President has died or became permanently disabled, and will serve the unexpired term; and/or 3 the Members of the Cabinet submits to the Senate President and the House Speaker a written declaration that the President is unable to effect his responsibilities and duties. The Vice President may concurrently assume a cabinet position should the President of the Philippines offer him one. The Vice President will become a Secretary concurrent to his position of Vice President. Page 2
  3. 3. BRANCHES OF PHILIPPINE GOVERNMENT PHILGOV The Cabinet The Cabinet of the Philippines consists of the heads of the largest part of the executive branch of the national government. Currently, it includes the secretaries of 19 executive departments and the heads of other several other minor agencies and offices that are subordinate to the President. The Cabinet secretaries are tasked to advise the President on the different affairs of the state like agriculture, budget, finance, education, social welfare, national defense, foreign affairs, and the like. They act as the alter ego of the President executing, with his authority, the power of the Office of the President in their respective departments. Qaulifications The President of the Philippines Natural born Filipino A registered voter Must be able to read and write 40 years of age at the day of the election Must have resided in the Philippines ten years before the election is held The Vice President of the Philippines The qualifications the Vice President is the same as that of the President. The Cabinet Cabinet Secretaries are appointed by the President. Members of the President’s Cabinet are people trusted by the President and who have his confidence in their qualities and abilities to run and manage the department where they are appointed. They are nominated by the President and then presented to the Commission on Appointments for confirmation or rejection. If the Page 3
  4. 4. BRANCHES OF PHILIPPINE GOVERNMENT PHILGOV presidential appointees are approved, they are sworn into office, receive the title ―Secretary‖, and begin to function their duties. Not all Cabinet members, however, are subject to confirmation of the Commission on Appointments. According to the Commission of Appointments website, the following need confirmation in order to assume their posts: 1. Executive Secretary 2. Secretary of Agrarian Reform 3. Secretary of Agriculture 4. Secretary of Budget and Management 5. Secretary of Education 6. Secretary of Energy 7. Secretary of Environment and Natural Resources 8. Secretary of Finance 9. Secretary of Foreign Affairs 10. Secretary of Health 11. Secretary of Justice 12. Secretary of Labor and Employment 13. Secretary of National Defense 14. Secretary of Public Works and Highways 15. Secretary of Science and Technology 16. Secretary of Social Welfare and Development 17. Secretary of the Interior and Local Government 18. Secretary of Trade and Industry 19. Secretary of Transportation and Communications 20. Secretary of Tourism 21. Commission on Higher Education 21. Director General of the National Economic and Development Authority Powers The President of the Philippines 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: Page 4
  5. 5. BRANCHES OF PHILIPPINE GOVERNMENT PHILGOV 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. 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. 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. Page 5
  6. 6. BRANCHES OF PHILIPPINE GOVERNMENT PHILGOV 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. 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 President is also mandated by the Administrative Code of 1987 to exercise powers as recognized by the generally accepted principles of international law. 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 Page 6
  7. 7. BRANCHES OF PHILIPPINE GOVERNMENT PHILGOV 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. Once the aforementioned conditions are met, the President may exercise the power of eminent domain which are as follows: 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. — 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. 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. 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. Page 7
  8. 8. BRANCHES OF PHILIPPINE GOVERNMENT PHILGOV 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. 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. 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. The Vice-President of the Philippines Unlike the position of Vice President in the United States, the Vice President of the Philippines has no official responsibility other than those given by the incumbent President of the Philippines. The traditions governing the position of Vice President date back to the Philippine Commonwealth, The tradition is for the Vice-President to be given the highest-ranking cabinet portfolio. As such, his powers are limited to the task or department given to him. Page 8
  9. 9. BRANCHES OF PHILIPPINE GOVERNMENT PHILGOV The Cabinet A Cabinet Secretary is the alter ego of the President in his/her Department. Thus, he/she possesses the power to issue directives relative to his/her department, such as department orders. These orders only apply to offices under a specific department under the Cabinet Secretary’s jurisdiction. The Legislative Branch of Government The Legislative branch is the part of government that is vested with legislative power or the power tomake laws. The legislative power is vested in a bicameral body, the Congress of the Philippines, which is composed of two houses -- the Senate and the House Representatives. The Congress of the Philippines is the country's highest lawmaking body. Composition The Senate The Senate, also referred to as the ―Upper House‖ consists of 24 senators elected nationwide by qualified voters for a period of 6 years. The Senate is headed by the Senate president. The House of Representatives The House of Representatives, also referred to as the ―Lower House‖, consists of not more than 250 representatives (unless otherwise fixed by law), 20 percent of whom must be Party-list representatives. The chief officer of the House of Representatives is the Speaker. These seats in the House of Representatives are apportioned among the provinces, cities, and Metro Manila, according to population. Thus, heavily populated provinces are given as many as six or seven representatives or congressmen. The congressmen are elected for a term of three years, but they cannot serve for more than three consecutive terms. Page 9
  10. 10. BRANCHES OF PHILIPPINE GOVERNMENT PHILGOV At present, there are 289 members of the House of Representatives divided into 234 district representatives and 55 party list representatives Function The Legislative branch of government has the important function of deliberating policies for the people and passing them in the form of statues. They are tasked with the creation, delibaration, enactment, amendment, and repealing of laws governing the Philippines. Passes laws that regulate the conduct of and relations between the private citizens and the government. Defines and punishes crimes against the state and against persons and their property. Determines the taxes people should pay for the maintenance of the government. Appropriates the money to be spent for public purposes. Qaulifications Senators (Senate) a natural-born citizen of the Philippines; a least 35 years of age; able to read and write; a registered voter; and a resident of the Philippines for at least two years prior to his election. Congressmen (House of Representatives) a natural-born citizen of the Philippines; at least 25 years old; able to read and write; a registered voter, and Page 10
  11. 11. BRANCHES OF PHILIPPINE GOVERNMENT PHILGOV a resident of the province where he is running for at least one year immediately prior to the election. Additional qualification for party-list representative : A bona fide member of the party or organization which he/she represent for at least 90 days preceding the day of the election. Powers The power to propose, review, and adopt bills for enactment into law The power to choose who shall become President in case of a tie The power to propose amendments to the constitution and call for a constitutional convention The power to declare the existence of a state of war The power to confirm the appointment of government officials The power to ratify the country’s international treaty (Senate) The power to conduct inquiry and investigation in aid of legislation Immunity from arrest for offenses punishable by not more than six years imprisonment The power to appropriate money and approved government budget The power to reorganize, create or abolish offices under the civil service The power to impeach. The power to create and abolish courts, except the Supreme Court The power to authorize the President, in case of national emergency or war, to have limited emergency powers and issue executive orders embodying rules and regulations intended to carry out the national policy. Undertake projects under the Comprehensive Development Framework (CDF) Overturn a Presidential veto with respect to proposed legislation Allow for referenda The Judicial Branch of Government In a democracy, the judiciary is the final bulwark of liberty. It protects the poor and the weak against oppression by the wealthy and the influential. It protects the right to life, property, and the pursuit of happiness against the tyranny of violence, or abusive power, Page 11
  12. 12. BRANCHES OF PHILIPPINE GOVERNMENT PHILGOV or unscrupulous ambitions. The judicial power is vested in the Supreme Court, as well as in lower courts as my he established by law. Composition The Supreme Court Chief Justice 14 Associate Justices The Lower Courts Court of Appeals – divided into 17 divisions Court of Tax Appeals Local and Regional Trial Courts Metropolitan Trial Courts Sharia Courts (Islamic Law) The Sandigan bayan The Office of the Ombudsman. Page 12
  13. 13. BRANCHES OF PHILIPPINE GOVERNMENT PHILGOV Function The Judiciary is the branch of government that decides legal disputes. It has the primary job of applying and interpreting the laws to resolve conflicts (between and among citizens, between the state and the citizens, between different institutions, whether specific law is constitutional) Qulifications The Supreme Court is the highest tribunal in the Philippines. It consists of the Chief Justice and 14 Associate Justices appointed by the President. The following are the qualifications to become a member of the Supreme Court: Natural-born citizen of the Philippines at least 40 years of age must have been a judge of a lower court or engaged in the practice of law in the Philippinesfor fifteen years or more a person of proven competence, integrity, probity and independence. Powers Judicial power includes the authority of the courts to hear and settle disputes. Such disputes may involve conflicts between or among private persons. They may also be between private citizens and the government or between one agency of the government and other. The Supreme Court has the following powers: Power to interpret laws. Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus. Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts in: Page 13
  14. 14. BRANCHES OF PHILIPPINE GOVERNMENT PHILGOV 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. All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto. All cases in which the jurisdiction of any lower court is in issue. All criminal cases in which the penalty imposed is reclusion perpetua or higher. All cases in which only an error or question of law is involved. 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 the judge concerned. Order a change of venue or place of trial to avoid a miscarriage of justice. Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the integrated bar, and legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court. Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law. The Supreme Court shall have administrative supervision over all courts and the personnel thereof. Page 14