PHILIPPINES AS A STATE: BASIC CONCEPTS The Philippine government

The Philippine Political Structure

What is a STATE? The current structure of the Philippine national
– State is a community of persons more or less government is the result of the 1986 People Power
Revolution that removed the longtime Philippine
numerous, permanently occupying a definite
dictator, Ferdinand Marcos. The resulting 1987
portion of territory, having a government to
Constitution created a democratic republic modeled
which a great majority of people render
after the U.S. national system. The executive branch is
obedience and enjoys freedom or sovereignty
headed by the Philippine president, who is directly
from external control.
elected by the Philippine people and serves one six-year
term in office.
IS THE PHILIPPINES A STATE?
Note: Philippine presidents cannot run for re-election.
ARTICLE I: National Territory
– The national territory comprises the Philippine THE THREE BRANCHES OF PHILIPPINE
archipelago, with all the islands and waters GOVERNMENT
embraced therein, and all other territories over
which the Philippines has sovereignty or I. THE EXECUTIVE BRANCH
jurisdiction, consisting of its terrestrial, fluvial,
and aerial domains, including its territorial sea, Article VII, Section 1, of the 1987 Constitution vests
the seabed, the subsoil, the insular shelves, and executive power on the President of the
other submarine areas. The waters around, Philippines. The President is the Head of State and Head
between, and connecting the islands of the of Government, and functions as the commander-in-
archipelago, regardless of their breadth and chief of the Armed Forces of the Philippines. As chief
dimensions, form part of the internal waters of executive, the President exercises control over all the
the Philippines. executive departments, bureaus, and offices.
– Territorial waters (12 nautical miles)
– Exclusive Economic Zones (200 nautical miles) The President of the Philippines is elected by direct vote
by the people for a term of six years. He may only serve
for one term and is ineligible for reelection. The term of
The Philippine government
the President of the Philippines starts at noon of the
Article 2, Section 1 of the 1987 Philippine Constitution:
30th day of June after the election.
The Philippines is a democratic and republican State.
Sovereignty resides in the people and all government
THE EXECUTIVE BRANCH: QUALIFICATIONS FOR
authority emanates from them.
PRESIDENCY
The qualifications for an individual aspiring to become
Republic: "A state in which supreme power is held by
the President of the Philippines are outlined in Article
the people and their elected representatives, and which
VII, Section 2 of the 1987 Constitution. According to the
has an elected or nominated president rather than a
constitution, an individual may become President
monarch."
provided he meets the following criteria:
Democracy: "A system of government by the whole – NATURAL BORN FILIPINO;
population or all the eligible members of a state, – A REGISTERED VOTER;
typically through elected representatives."
– MUST BE ABLE TO READ AND WRITE;
The Philippines is a republic with a presidential form of – 40 YEARS OF AGE AT THE DAY OF THE
government wherein power is equally divided among its ELECTION; AND
three branches: executive, legislative, and judicial. – MUST HAVE RESIDED IN THE PHILIPPINES TEN
One basic corollary in a presidential system of YEARS BEFORE THE ELECTION IS HELD.
government is the principle of separation of powers
wherein legislation belongs to Congress, execution to
the Executive, and settlement of legal controversies to
the Judiciary.
 II. THE LEGISLATIVE BRANCH
The qualifications to become a senator, as
According to the 1987 Constitution, legislative power stipulated in the constitution, are:
shall be vested in the Congress of the Philippines,
which shall consist of a Senate and a House of
Representatives. - a natural-born citizen of the Philippines;

The Senate shall be composed of twenty-four Senators - at least thirty-five years old;
who shall be elected at large by the qualified voters of
the Philippines, as may be provided by law; the House - is able to read and write
of Representatives shall be composed of not more than
250 (unless otherwise fixed by law), 20 percent of - a registered voter; and
whom must be Party-list representatives.
- a resident of the Philippines for not less than
When Filipinos cast their votes they cast two votes for
the House of Representatives, one for a district two years before election day.
representative and one for a political party. Political
parties receiving at least 2 percent of the national vote The legislative branch:
will earn a seat in the House. No political party can earn THE HOUSE OF REPRESENTATIVES
more than 3 seats through the party list voting process.
The party list voting method is a form of proportional The constitution provides for the following criteria to
representation and is intended to provide third parties become a member of the House of Representatives:
and underrepresented groups representation in the
legislature. Each representative serves a three-year - a natural-born citizen of the Philippines;
term and can serve not more than three consecutive - at least twenty-five years old;
terms. - is able to read and write; and
- except the party-list representatives, a registered
The legislative branch voter and a resident for at least one year in the district
When Filipinos cast their votes they cast two where s/he shall be elected.
votes for the House of Representatives, one for a
district representative and one for a political party. III. THE JUDICIAL BRANCH
Political parties receiving at least 2 percent of the
national vote will earn a seat in the House. No political
party can earn more than 3 seats through the party list – The Philippines has an independent judicial
voting process. The party list voting method is a form of branch headed by the Philippine Supreme
proportional representation and is intended to provide Court. The Supreme Court is comprised of 15
third parties and underrepresented groups justices. Supreme Court justices are appointed
representation in the legislature. Each representative by the Philippine President from a list of
serves a three-year term and can serve not more than candidates prepared by the Philippine Judicial
three consecutive terms. and Bar Council.
–
The legislative branch:
THE PHILIPPINE SENATE
– The Judicial branch holds the power to settle
controversies involving rights that are legally
demandable and enforceable. This branch
The Philippine Senate consists of 24 members elected
determines whether or not there has been a
from at-large from the entire Philippines. Senators serve
grave abuse of discretion amounting to lack or
six-year terms and can serve no more than two
excess of jurisdiction on the part and
consecutive terms.
instrumentality of the government. It is made
up of a Supreme Court and lower courts.
–
 – The Constitution expressly grants the Supreme legislature makes the law, the executive
Court the power of Judicial Review as the power implements the law and the Constitution, and
to declare a treaty, international or executive the judiciary determines what the law and
agreement, law, presidential decree, Constitution mean, thereby achieving orderly
proclamation, order, instruction, ordinance or checks and balances.
regulation unconstitutional.

The sovereign people assert their sovereignty in

two distinct processes.

The Philippine sovereignty

The sovereignty of the Philippines refers to the
The second is through the sovereign
status of the Philippines as an independent
people’s vote in an election. This vote is not an
nation.
unlimited grant of power. Nor is it a grant of
power to navigate outside of the limits of the
will of the sovereign people as expressed in the
Sovereignty is the quality of having supreme,
Constitution. To assume that an overwhelming
independent authority over a territory. It can be
vote of the people in an election or a high
found in a power to rule and make law that
approval rating in a periodic survey is an
rests on a political fact for which no purely legal
expression of popular revision of what they
explanation can be provided.
have expressed in a constitutional plebiscite is
an invitation to disaster.

A sovereign state is a political association with

Government officials have only so much
effective internal and external sovereignty over
authority as is given to them by law and the
a geographic area and population which is not
Constitution.
dependent on, or subject to any other power or
state.
The PHILIPPINE GOVERNMENT IS A GOVERNMENT BY
The sovereignty of the Filipino people THE PEOPLE, FOR THE PEOPLE AND OF THE PEOPLE.

“The Philippines is a democratic and republican

State. Sovereignty resides in the people and all
government authority emanates from them.”

The sovereign people assert their sovereignty in

two distinct processes.

The first is through their vote in a

plebiscite ratifying or amending the
Constitution. Through this process the people
express in a permanent manner what the
powers of government should be, what the
limitations are, how the people who are to
exercise the powers of sovereignty are to be
chosen and what the extent and limits of their
power are. As presently found in the
Constitution, powers are divided among three
departments. Succinctly, this means that the