Philippine Politics and Governance
Philippine Politics and Governance
Governance is all of the processes of governing. : Political Ideology - a formally established set of
principles of governance.
whether undertaken by a government, market or
network, whether over a family, tribe, formal or Five Major Political Ideologies
informal organization or territory and whether Anarchism
through the laws, norms, power or language of an
organized society. The belief that the best government is absolutely no
government is known as anarchism. This ideology
It relates to the processes of interaction and
argues that everything about governments is
decision-making among the actors involved in a repressive and therefore must be abolished entirely.
collective problem that lead to the creation,
reinforcement, or reproduction of social norms and A related ideology known as nihilism emphasizes
institutions. that everything—both government and society –
must be periodically destroyed in order to start anew.
In lay terms, it could be described as the political
Nihilists often categorically reject traditional
processes that exist in between formal institutions.
concepts of morality in favor of violence and terror.
Governance & Government Anarchism and nihilism were once associated with
socialism because many anarchists and nihilists
Governance is defined as the process of decision- supported the socialists’ call for revolution and the
making and the process by which decisions are complete overhaul of government and society in the
implemented. While government is defined as the early to mid-twentieth century.
group of people with the authority to govern a
country or state; a particular ministry in office. : in order to attain peace, everything must be
(Oxford Dictionary). destroyed
: Government is the house; while governance is : Paradox of War – To kill people is to stop killing
taking care of the house. people
: Pierre-Joseph Proudhon – the Father of Anarchism will be used as precedent, if France can execute
and the first political philosopher that described their own king, they can too
himself as an “anarchist.”
: if liberalism rise, there will be no crown, no order
: Swastika - a Hindu symbol of reincarnation and
: conserve; maintain, save, keep. Conservatism is an
prosperity that was used by Nazis as a symbol of
ideology that fosters the preservation of tradition,
nihilism.
religious values, private ownership, hierarchy, and
Liberalism authority
In the early modern age of the Western world Socialism
(beginning roughly in the early 1500s and running for
Socialism arose as a response to the Industrial
about 200 years), a number of changes occurred
Revolution, which was the emergence of
that led to new ideologies: The European discovery
technologies such as the steam engine and mass
of the Americas, the rise of Protestantism, the
production. The Industrial Revolution started in
beginnings of the free-market economy, and the
England in the last years of the eighteenth century
early stages of the scientific revolution
and had spread to much of Europe and America by
fundamentally altered Europe. People began
the end of the nineteenth century. It caused major
developing different ways of thinking to take account
upheavals: In a very short time, many people were
of these changes.
forced to abandon agricultural ways of life for the
: Liberalism is an ideology that fosters progress, modern mechanized world of factories.
individual rights, democracy, free enterprise, and
: Feudal hierarchy – King, Nobles, Knights, Peasants
civil liberties.
: Socio economic Status – Merchants, Middle Class,
: John Locke - the Father of Liberalism, whose ideas
Upper class
helped to fuel the French Revolution and the
foundation of the United States of America. : equality, a political and economic theory of social
: patriotism, liberals, power of people over royalty organization which advocates that the means of
production, distribution, and exchange should be
: Discovery of Americas – people suppressed in owned or regulated by the community as a whole.
Europe took the chance to transfer to America
Nationalism
: Rise of Protestantism – middle ages, Christianity
a strong belief that one’s nation is great (and,
controls everything; Protestantism, question truth
about reality usually, better than others), also arose during the
modern era. In the eighteenth and nineteenth
: Free market economy – mercantilism, free trade, centuries, nationalism emerged as a powerful force
before businesses are all under the rule of the king. that caused a number of revolutions. People began
to identify with and take pride in their particular
Conservatism
nation-state. The French Revolution and the
Conservatism (a.k.a. classical conservatism) began subsequent Napoleonic Wars helped spread
as a reaction against the liberal ideas taking hold of nationalism throughout Europe because many
Europe during the French Revolution in the late nations ( like England, Prussia, Austria-Hungary,
eighteenth century. This type of conservatism differs and Spain) rallied together to defeat Napoleon.
from American conservatism.
: Napoleonic war – Napoleon, World War 2 – Japan,
Edmund Burke, a British member of Parliament, Hitler’s advisor – Joseph Goebbels
observed the early stages of the French Revolution
Fascism
with great distress and predicted the violence and
terror that would ensue. His book, Reflections on the Fascism is a highly nationalist, militaristic, totalitarian
Revolution in France (1790), is one of the founding political ideology in which one person has absolute
texts of classical conservatism. power. World War I was the key event that spawned
fascism. The war was the first major war fought
: if we will let liberalism rise and proliferate, all
between industrialized nations, which were armed
countries in Europe will be chaotic, what happened
with technology such as machine guns and chemical Power over
weapons. The result was utter devastation. Millions
the ability to dominate another person or group –
died, entire countries collapsed, and those who
as in "I have power over him.”
survived were often profoundly disillusioned. For
many people, the war showed that modern ideas This means, "I have the ability to make him do what
had failed and that a new way was needed. I want him to do." Power-over usually comes from
force and threat. If the subordinate fails to do what
: Benito Mussolini Italian dictator who became one
of the first implementors of fascism. he or she is asked to do, the dominant person will
use force to make the subordinate person comply.
: Joseph Goebbels Nazi Minister of War Propaganda
Power to
and the adviser of Adolf Hitler during the Nazi
Regime. the ability to do something on one’s own – it refers
to one’s abilities. Sources of this kind of power are
: World War 1, Benito Mussolini, Adolf Hitler – all
intellect, resources, knowledge, stamina, etc.
irregularities are eliminated, Aryan supremacy; but
Hitler is not tall, not blonde, and not intelligent; These resources give some people the power
Goebbels is disabled to accomplish things that others cannot.
: Fascists hate intelligent people, Fascism – simple, Power with
direct use of power
similar to "power to" in that it reflects ability, but
: the Lebensborn program, factory to propagate "power with" is the ability to work with others to get
Aryan race, breed. (German – “fount of life”) a Nazi something done by cooperation.
registered association that had a goal to raise the
birthrate of the Aryan children classified as 'racially This is the power of consensus--the power of people
pure' and 'healthy' based on Nazi racial hygiene and working together to solve a common problem
health ideology Types of Power
: Aryan Supremacy – the idea that the Aryan race Coercive Power
(group of tall, blonde, white, and “intelligent” people)
are superior than any other races. This kind of power involves the usage of threat to
make people do what one desires. In the
organizational set up, it translates into threatening
someone with transfer, firing, demotions etc.
the ability to influence or outright control the behavior As the name suggests, this type of power uses
of people. Power can be seen as evil or unjust. rewards, perks, new projects or training
opportunities, better roles and monetary benefits to
Power is the ability of a person to influence another influence people.
person or group to perform an act.
However, an interesting aspect of this type of power
Nature of Power is that, it is not powerful enough in itself, as
Power can be defined in many ways. Most simply, it decisions related to rewards do not rest solely with
is the ability to get what you want, the person promising them,
or as scholar Kenneth Boulding said, power is "the because in organizations, a lot of other people come
ability to change the future." into play like senior managers and board.
: Background: the idea about democratic Obviously, this is not the whole system, but it is the
main idea. Other checks and balances include:
government emanated from the US, which was
formed from the idea of Executive over the judicial branch. The president
appoints all federal judges.
Charles-Louis de Secondat, Baron de La Brède
et de Montesquieu
Legislative over the executive branch. The Section 3: There shall be a Vice President who
legislative branch must approve appointments that shall have the same qualifications and term of office
the president makes; the Senate must approve and be elected with and in the same manner as the
treaties that the president makes; and the legislative President. He may be removed from office in the
branch may investigate the executive branch. same manner as the President.
Legislative over the judicial branch. The legislative Section 4: The President and the V-Pres. shall be
branch must approve the presider’s choice of judges elected… for a term of six years. The President shall
to the judicial branch; may propose constitutional not be eligible for any re-election. No person who
amendments to overturn judicial decisions. has succeeded as President and has served as
such for more than four years shall be qualified for
Legislative over the executive arid judicial branch.
election to the same office at any time. No V-Pres.
The legislative branch has impeachment powers
Shall serve for more than two consecutive terms.
over all federal officers.
The Supreme court… shall be the sole judge of all
Judicial over the executive branch. Supreme Court contests relating to the election of the Pres. and the
justices cannot be fired by the president. V-Pres.
Section 8: In case of death, permanent disability,
removal from the office or resignation of the
President, the V-Pres. shall become the President
6: EXECUTIVE
to serve the unexpired term.
The executive is the organ exercising authority in In case of death, permanent disability, removal from
and holding responsibility for the governance of a the office or resignation of both the Pres. and the V-
state. The executive executes and enforces law. Pres., the President of the senate, in the case of his
inability, the Speaker of the House of
In political systems based on the principle of Representatives shall then act as Pres. until the
separation of powers, authority is distributed among Pres. or the V-Pres. shall have been elected and
several branches (executive, legislative, judicial) — qualified.
an attempt to prevent the concentration of power in
the hands of a small group of people. : V. Pres becomes Pres and Senate Pres becomes
V. Pres
In such a system, the executive does not pass laws
(the role of the legislature) or interpret them (the role : Heirarchy: Pres, V. Pres, Senate Pres, Speaker of
of the judiciary). Instead, the executive enforces the the House, Chief Justice, Senator, Associate
law as written by the legislature and interpreted by Justices, Congressmen
the judiciary. Section 9: Whenever there is vacancy in the office
The executive can be the source of certain types of of the V-Pres. during the term for which he was
law, such as a decree or executive order. Executive elected, the President shall nominate a Vice
bureaucracies are commonly the source of President from among the members of the senate
regulations. and the house of representatives who shall assume
office upon confirmation by a majority vote of all the
Article XVII: Executive Department Members of both Houses of the Congress, voting
Section 1: The executive power shall be vested in separately.
the President of the Philippines. Section 10: The congress shall, after the vacancy
Section 2: No person may be elected President in the offices of the President and the Vice President
unless he is a natural-born citizen of the Philippines, occurs, convene. And enact a law calling for special
a registered voter, able to read and write, at least election to elect a President and V-Pres.
forty years of age on the day of the election, and a
resident of the Philippines for at least ten years
immediately preceding such election
Section 11: Whenever the President transmits to 3. Power over aliens
the President of the Senate and the Speaker of the
The President of the Philippines has certain powers
House of Representatives his written declaration
over non-Filipinos in the Philippines. The powers he
that he is unable to discharge the powers and duties
may exercise over foreigners in the country are as
of his office, and until he transmits to them a written
follows:
declaration to the contrary, such powers and duties
shall be discharged by the Vice-President as Acting The chief executive may have an alien in the
President. Philippines deported from the country after due
process.
Section 12: In case of serious illness of the
President, the public shall be informed of the state The President may change the status of a foreigner,
of his health. The members of the Cabinet in charge as prescribed by law, from a non-immigrant status
of national security and foreign relations and the to a permanent resident status without necessity of
Chief of Staff of the Armed Forces of the visa.
Philippines, shall not be denied access to the
President during such illness. The President may choose to overrule the Board of
Commissioners of the Bureau of Immigration before
Section 13: The President, Vice-President, the their decision becomes final and executory (after 30
Members of the Cabinet, and their deputies or days of the issuance of the decision). The Board of
assistants shall not, unless otherwise provided in Commissioners of the Bureau of Immigration has
this Constitution, hold any other office or jurisdiction over all deportation cases.
employment during their tenure. They shall not,
during said tenure, directly or indirectly, practice any : deported and persona non grata – ban; welcome
other profession, participate in any business, or be but not entertained, an unwelcome person
financially interested in any contract with, or in any 4. Powers of eminent domain, escheat, land
franchise, or special privilege granted by the reservation and recovery of ill-gotten wealth
Government or any subdivision, agency, or
instrumentality thereof, including government- The President of the Philippines has the authority to
owned or controlled corporations or their exercise the power of eminent domain. The power
subsidiaries. They shall strictly avoid conflict of of eminent domains means the state has the power
interest in the conduct of their office. to seize or authorize the seizure of private property
for public use with just compensation.
Roles and Powers of the Philippine President
Power to direct escheat or reversion proceedings —
1. Power of control over the executive branch The President shall direct the solicitor general to
The President of the Philippines has the mandate of institute escheat or reversion proceedings over all
control over all the executive departments, bureaus, lands transferred or assigned to persons
and offices. This includes restructuring, disqualified under the constitution to acquire land.
reconfiguring, and appointments of their respective 5. Power of appointment
officials. The Administrative Code also provides for
the President to be responsible for the The President may appoint officials of the Philippine
abovementioned offices’ strict implementation of government as provided by the constitution and
laws. laws of the Philippines. Some of these
appointments, however, may need the approval of
2. Power of ordinance power the Committee on Appointments (a committee
The President of the Philippines has the power to composed of members from the House of
give executive issuances, which are means to Representatives and the Senate of the Philippines).
streamline the policy and programs of an : coterminous - appointed by pres, no security of
administration. There are six issuances that the tenure, can be removed anytime ~ not absolute
President may issue. They are the following as
defined in the Administrative Code of 1987. : can be checked by commission on appointments;
even in judicial branch - pres can appoint only who
: power to implement Executive Order, Presidential is endorsed by JBC - bar council
Decree…
Appointments requiring the consent of Commission Powers of the President (in general):
on Appointments:
Executive Power, Power of Appointment, Power of
Heads of executive departments (except V.Pres); Removal, Power of Control, Military Powers,
Ambassadors and other public ministers and Pardoning Power, Borrowing Power, Diplomatic
consuls; Officers of the AFP from the rank of colonel Power, Budgetary Power, Informing Power,
or naval captain; and Officers whose appointments ResiduaI Power
are vested in him by the Constitution
Removal Power
Appointments without the need of CA Confirmation:
Extent of the President’s power to remove:
Those vested by the Constitution on the President
with respect to officers exercising purely executive
alone; Appointments that are not otherwise
functions whose tenure is not fixed by law;
provided by law; Those authorized by law to
appoint; and Officers lower in rank whose With respect to officers exercising quasi- legislative
appointment is vested by law in the President alone or quasi-judicial functions;
6. Power of General supervision over local With respect to constitutional officers removable
governments only by means of impeachment and judges of lower
courts; and
The President of the Philippines, as chief executive,
has the mandate to supervise local governments in With respect to civil service officers.
the Philippines, despite their autonomous status as
provided by Republic Act No. 7160 otherwise Military Power
known as the Local Government Code of 1991. Powers to meet emergency situations such as to
Traditionally, this is done by the Department of the call out the armed forces to prevent or suppress
Interior and Local Government, headed by a cabinet lawless violence; to suspend the privilege of the writ
secretary—an alter ego of the President. of Habeas Corpus; or to declare martial law.
A pardon is a form of executive clemency that’s No treaty or international agreement shall be valid
granted post-conviction. and effective unless concurred in by at least 2/3 of
all the Members of the Senate
Department of Justice refers to pardon as “an act of
grace from the Chief Executive absolving a person The power to ratify is vested in the President,
from the punishment prescribed for the crime he has subject to the concurrence of the Senate.
committed.” Other foreign affairs powers: power to make
A pardon does lead to "the restoration of the right to treaties; the power to appoint ambassadors, public
hold public office, or the right of suffrage” unless ministers, and consuls; power to receive
explicitly stated in the pardon conditions. ambassadors and other public ministers; and
Deportation Power
It, however, does not absolve the convict from
paying civil indemnity imposed by the sentence. Residual Power
Pardon – removes both sentence and conviction The powers of the President cannot be said to be
limited only to the specific powers enumerated in
Commutation – Substitution of one form of the Constitution. Executive power is more than the
punishment for a lighter form. sum of specific powers so enumerated. Residual
Remission – Reducing the period of sentence unstated powers of the President are implicit in and
correlative to the paramount duty residing in that
Respite – awarding a lesser sentence in place of office to safeguard and protect general welfare.
originally awarded due to some special facts
Reprieve – stay of the execution of sentence
7: LEGISLATIVE They may impeach the president.
They approve treaties.
The Congress of the Philippines (Filipino: Kongreso
ng Pilipinas) is the national legislature of the They approve appointments.
Republic of the Philippines. It is a bicameral body The legislative branch has the following ‘checks’
consisting of the Senate (upper chamber), and the over the judicial branch:
House of Representatives (lower chamber)
although commonly in the Philippines the term They create lower courts.
congress refers to the latter.
They may impeach judges.
Specific Legislative Powers
They approve appointments.
It has reference to powers which the Constitution
: Amendment – change of part, Ratification – change
expressly and specifically directs to perform or
of entire law
execute.
Powers enjoyed by the Congress classifiable under
this category are: 8: JUDICIAL
Power to appropriate
Judicial Power
: deliberation of national budget
The power the power to apply the laws to contests
Power to act as constituent assembly or disputes concerning legally recognized right or
The power to change or revise the current duties between the State and private persons, or
constitution, where the Senate and the House of between individual litigants in cases properly
Representatives must convene and vote on joint or brought before the judicial tribunals.
separate session to do this. Scope of Judicial Power
: two ways Charter Change: Adjudicatory Power
Constitutional Convention, Constituent Assembly to settle actual controversies involving rights which
Power to impeach are legally demandable and enforceable; and
(to initiate all cases of impeachment is the power of to determine whether there has been a grave abuse
the House of Representatives; To try all cases of of discretion amounting to lack or excess of
impeachment is the power of the Senate. jurisdiction on the part of any branch or
instrumentality of the government.
: proposal from private citizens to the lower house
Power of Judicial Review
General Legislative Power
to pass upon the validity or constitutionality of the
It consists of the enactment of laws intended as a laws of the State and the acts of the other
rule of conduct to govern the relation between departments of the government;
individuals (i.e., civil laws, commercial laws, etc.) or
between individuals and the state (i.e., criminal law, to interpret them;
political law, etc.). to render binding judgment.
Powers of the Legislative Branch Incidental Powers
The legislative branch has the following ‘checks’ It likewise includes the incidental powers necessary
over the executive branch: to the effective discharge of the judicial functions
They may override vetoes with a two-thirds vote. such as the power to punish persons adjudged in
contempt.
They have the power to fund any executive
actions. : (ex. Contempt of Court, pambabastos, kawalan ng
respeto sa husgado)
Importance of Judiciary Settle disputes concerning consuls or
diplomats
Confidence in the certain and even administration of
justice. They enjoy immunity from domestic suits or cases.
Preservation of the government. Petition for Certiorari
Respect for law and order. Special civil action requesting a lower court or body
to transmit the records to the superior court for review
Independence of the Judiciary
: judicial review kung talaga bang tama yung hatol ng
Congress may not deprive the Supreme Court of the lower court
constitutional powers granted to it;
: murder – premeditated; homicide - walang plano;
Congress cannot prescribe the manner in which the
frustrated – nabigo; attempted – tinry; paricide - crime
Supreme Court should sit, and determine the of passion with relatives
number of Justices composing the court;
Prohibition
The Supreme Court is given the authority to appoint
all officials and employees of the judiciary; Writ by which the superior court prohibits the lower
court or body to stop further proceedings
The members of the Supreme Court and judges of
lower courts enjoy security of tenure. : prohibito, abuse of authority conflict of interest =
higher court can prohibito na itigil na yung precedings
Their salaries cannot be decreased during their
continuance in office; _________________________________________
The members of the Supreme Court can only be About the Government
removed through the difficult process of
impeachment; and The Philippines is a republic with a presidential form
of government wherein power is equally divided
The judiciary enjoys fiscal autonomy among its three branches: executive, legislative, and
judicial. The government seeks to act in the best
Powers of the Judiciary: Writ of Prerogatives
interests of its citizens through this system of check
Mandamus and balance.
Order by a superior court to a lower court to do One basic corollary in a presidential system of
perform a certain act which it is bound to do so government is the principle of separation of powers
wherein legislation belongs to Congress, execution to
: mandato, request for writ of mandamus the Executive, and settlement of legal controversies
Quo Warranto to the Judiciary.
Action by the government to recover an office or The Legislative branch is authorized to make
franchise from an individual unlawfully holding it laws, alter, and repeal them through the power
vested in the Philippine Congress. This
: ex. ABS-CBN, renewal ng contract to operate from institution is divided into the Senate and the
congress ~ bias, seems that ABS CBN supports House of Representatives.
libral, unfair ~ congress: to renew or to cut ~
deliberation of renewal - tuloy parin ang operation ~ The Legislative Branch enacts legislation,
gusto ipatigil instantly = quo warranto = ABS CBN confirms or rejects Presidential appointments,
ay hindi pwede irenew because in the first place and has the authority to declare war. This
they're not qualifid to operate. branch includes Congress
(the Senate and House of Representatives)
Automatic Review of Cases sentenced by and several agencies that provide support
lower court with Reclusion Perpetua or services to Congress.
Death Penalty
The Senate is composed of 24 Senators who must be confirmed by the Commission of
are elected at large by the qualified voters of Appointments.
the Philippines.
The Judicial branch holds the power to settle
The House of Representatives is composed controversies involving rights that are legally
of about 250 members elected from legislative demandable and enforceable. This branch
districts in the provinces, cities, and determines whether or not there has been a
municipalities, and representatives elected grave abuse of discretion amounting to lack or
through a party-list system of registered excess of jurisdiction on the part and
national, regional, and sectoral parties or instrumentality of the government. It is made
organizations. up of a Supreme Court and lower courts.
The party-list representatives shall constitute The judicial branch interprets the meaning of
twenty per cent of the total number of laws, applies laws to individual cases, and
representatives including those under the party decides if laws violate the Constitution. The
list. For three consecutive terms after the judicial power shall be vested in one Supreme
ratification of this Constitution, one-half of the Court and in such lower courts as may be
seats allocated to party-list representatives established by law.
shall be filled, as provided by law, by selection
or election from the labor, peasant, urban poor, Each branch of government can change acts of
indigenous cultural communities, women,
youth, and such other sectors as may be the other branches as follows:
provided by law, except the religious sector.
• The President can veto laws
The Executive branch is composed of the
President and the Vice President who are passed by Congress.
elected by direct popular vote and serve a term
• Congress confirms or rejects the
of six years. The Constitution grants the
President authority to appoint his Cabinet. President's appointments and can
These departments form a large portion of the
country’s bureaucracy. remove the President from office in