The Philippine Government

Posted by Carl Gaspar on Tue, Sep 21, 2021

When we were young, there are times in our studies where there are topics or lessons that our brain can’t comprehend. In this blog, I will discuss what I learned reviewing the really important topic - The Philippine Government. I learned that it is all based on the Philippine Constitution.

The Philippine Government (Filipino: Pamahalaan ng Pilipinas) is the national government of the Philippines. It is governed as unitary state under a presidential representative and democratic and a constitutional republic where the President function as both the head of state and the head of government of the country within a multiform multi-party system. The government has three (3) interdependent branches: the legislative branch, the executive branch and the judicial branch. The powers of the branches are vested by the Constitution of the Philippines.

Legislature

Has the authority to make laws, alter, and repeal them through the power vested in the Congress of the Philippines (Filipino: Kongreso ng Pilipinas) is the national legislature of the Philippines. It is a bicameral body consisting of two (2) chambers: Senate and House of Representatives. Although Congress colloquially commonly refers to just the House of Representatives. The two chambers of Congress of the Philippines have roughly equal powers, and every bill or resolution that has to go through both houses needs the consent of both chambers before being passed for the president’s signature.

Senate (Upper Chamber)

(Filipino: Senado ng Pilipinas, also Mataas na Kapulungan ng Pilipinas or “upper chamber”) Is the upper house of the bicameral legislature of the Philippines. The Senate consist of 24 Senators that serves six (6) years with a maximum of two (2) consecutive terms, with half of the senators elected every three (3) years to ensure that the Senate is maintained as a continuous body. Senate shall be elected at large by the qualified voters of the Philippines, as may be provided by law.

Qualifications:

  • Natural-born citizen of the Philippines
  • On the day of the election, is at least 35 years of age
  • Able to read and write
  • A registered voter
  • And a resident of the Philippines for not less than two years

House of Representatives (Lower Chamber)

(Filipino: Kapulungan ng mga Kinatawan ng Pilipinas) Is the lower house of the Congress of the Philippines. It is often commonly referred to as Congress and informally referred to as the Kamara. The district and sectoral representatives are elected for a term of three (3) years with a maximum of three (3) consecutive terms. Members of the House are officially styled as representative (Kinatawan) and sometimes informally called Congressmen or Congresswomen (mga kongresista).

The House of Representatives shall be composed of not more than 250 members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations. The lower house has the power to impeach certain officials, and must be the source of all money bills.

Legislative process - Congress of the Philippines 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 or the House of Representatives. These resolutions can further be divided into three different elements:

  • Joint resolutions - require the approval of both chambers of Congress and the signature of the President, and have the force and effect of a law if approved.
  • Concurrent resolutions - used for matters affecting the operations of both chambers of Congress and must be approved in the same form by both houses, but are not transmitted to the President for his signature and therefore have no force and effect of a law.
  • Simple resolutions - deal with matters entirely within the prerogative of one chamber of Congress, are not referred to the President for his signature, and therefore have no force and effect of a law.

Bills

Bills are laws in the making. They pass into law when they are approved by both houses and the President of the Philippines. A bill may be vetoed by the President, but the House of Representatives may overturn a presidential veto by garnering a 2/3rds vote. If the President does not act on a proposed law submitted by Congress, it will lapse into law after 30 days of receipt.

Executive

The highest official is elected separately from the President by popular vote. The Vice President is first in line to succession if the President resigns, is impeached or dies. The Vice President is usually, though not always, a member of the president’s cabinet. If there is a vacancy in the position of vice-president, the President will appoint any member of Congress of the Philippines (usually a party member) as the new Vice President. The appointment must then be validated by a three-fourths vote of the Congress of the Philippines.

National government

  • President - The executive branch is headed by the President who functions as both the head of state and the head of government. The president is also the Commander-in-Chief of the Armed Forces of the Philippines. The president is elected by popular vote to a term of six years. The President may no longer run for re-election, unless he/she becomes president through constitutional succession and has served for no more than four years as president. The Constitution grants the President authority to appoint his Cabinet. These departments form a large portion of the country’s bureaucracy.
  • Vice-President - The second highest official, the vice-president is first in line to succession should the president resign, be impeached or die in office. The vice-president usually, though not always, may be a member of the president’s cabinet. If there is a vacancy in the position of Vice President, the President will appoint any member of Congress (usually a party member) as new Vice President. The appointment will be validated by a three-fourths vote of Congress voting separately.
  • Cabinet Secretaries - Cabinet members serve as advisors to the President. Cabinet members are nominated by the President and must be confirmed by the Commission of Appointments.Muslim Courts

Local government

  • Provincial/Regional Governor
  • Provincial/Regional Vice-Governor
  • City/Municipal Mayor
  • City/Municipal Vice-Mayor
  • Barangay Captain/Barangay Chairman

Presidential line of succession

  1. Vice President
  2. Senate President
  3. Speaker of the House of Representatives

Judicial

Interprets the meaning of laws, applies laws to individual cases, and decides if laws violate the Constitution through the power vested in the Supreme Court of the Philippines - (Filipino: Kataas-taasang Hukuman ng Pilipinas) or simply referred to by its colloquial name as Korte Suprema, is the highest court in the Philippines - and lower courts established by law.

It holds the power to settle controversies involving rights that 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. The Supreme Court, which has a Chief Justice as its head and 14 Associate Justices, occupies the highest tier of the judiciary. The justices serve until the age of 70. The justices are appointed by the president on the recommendation of the Judicial and Bar Council of the Philippines.

  • Lower Collegiate Courts
    • Court of Appeals
    • Court of Tax Appeals
    • Sandiganbayan
  • Regular Courts
    • Regional Trial Courts
    • Municipal Circuit Trial Courts
  • Muslim Courts
    • Sharia District Courts
    • Sharia Circuit Courts

Each branch of government can change acts of the other branches as follows:

  • The President can veto laws passed by the Congress of the Philippines.
  • Congress of the Philippines confirms or rejects the President’s appointments and can remove the President from office in exceptional circumstances.
  • The Justices of the Supreme Court, who can overturn unconstitutional laws, are appointed by the President and confirmed by the Senate.