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Article Vii
of the
1987 Philippine constitution
Primary Functions
1. Rule-execution
2. Rule-administration
President v. Presidency
President (individual)
A. unique personalities
B. peculiar cluster of issues and crises they face
C. leadership style (i.e. mobilization of public support)
D. leadership skills (i.e. administration)
Presidency (institution)
-“fleshing‟ out the office
Executive
-Chief Executive (law execution)
-Commander-in-Chief (peace and order)
Administrative
-Chief Administrator (bureaucracy as extension of president’s personality)
Legislative
-Chief Legislator (policy initiation and right to veto)
Diplomatic
-Chief Diplomat
Political
-Political Chief (partisan political leader; heads a political organization that owes its primary
allegiance to her/him, personally)
Executive Machinery
LEGISLATIVE BRANCH
Article Vi
of the
1987 Philippine constitution
Unicameralism v. Bicameralism in 1986 Constitutional Commission
(Philippines)
Unicameral Bicameral
• More economical & • 2nd chamber direct
efficient representatives of over-
• Would be more open to all interest of the
the pressure of “people people
power” • Healthy check against
• Greater role of media hastily passed
as a partner in politics legislations
• Check against abuse of
power
• Importance of national
figures; thus, anti-
parochial
Philippine Senate
24 Senators elected nationally
Organizationally: Senate President, Senate Pro Tempore, Majority Leader, Minority
Leader
Committee System
- political families
- Intra-elite conflict
-
HOW A BILL BECOME A LAW?
(Various steps in the Passage of a BILL)
1. First Reading - Any member of either house may present a proposed bill, signed by him, for
First Reading and reference to the proper committee. During the First Reading, the principal
author of the bill may propose the inclusion of additional authors thereof.
2. Referral to Appropriate Committee - Immediately after the First Reading, the bill is referred
to the proper committee or committees for study and consideration. If disapproved in the
committee, the bill dies a natural death unless the House decides other wise, following the
submission of the report.
3. Second Reading - If the committee reports the bill favorably, the bills is forwarded to the
Committee on Rules so that it may be calendared for deliberation on Second Reading. At this
stage, the bill is read for the second time in its entirely, together with the amendments, if any,
proposed by the committee, unless the reading is dispensed with by a majority vote of the House.
4. Debates - A general debate is then opened after the Second Reading and amendments may be
proposed by any member of Congress. The insertion of changes or amendments shall be done in
accordance with the rules of either House. The House may either "kill" or pass the bill.
5. Printing and Distribution - After approval of the bill on Second Reading, the bills is then
ordered printed in its final form and copies of it are distributed among the members of the House
three days before its passage, except when the bill was certified by the President. A bill approved
on Second Reading shall be included in the calendar of bills for Third Reading.
6. Third Reading - At this stage, only the title of the bill is read. Upon the last reading of a bill,
no amendment thereto is allowed and the vote thereon is taken immediately thereafter, and yeas
and nays entered in the journal. A member may abstain. As a rule, a majority of the members
constituting a quorum is sufficient to pass a bill.
7. Referral to the Other House - If approved, the bill is then referred to the other House where
substantially the same procedure takes place.
8. Submission to Joint Bicameral Committee - Differences, if any, between the House's bill
and the Senate's amended version, and vice versa are submitted to a conference committee of
members of both Houses for compromise. If either House accepts the changes made by the other,
no compromise is necessary.
9. Submission to the President - A bill approved on Third Reading by both Houses shall be
printed and forthwith transmitted to the President for his action - approval or disapproval. If the
President does not communicate his veto of any bill to the House where it originated within 30
days from receipt thereof, it shall become a law as if he signed it. Bill repassed by Congress over
the veto of the President automatically becomes a law.
Additional Information:
Senate President and a Speaker of the House, who are both elected by
a viva voce majority vote of all the members of their respective houses,
at the beginning of the regular session. The two preside over the sessions
in their houses, they also considered as legislative leaders; and they are
often called to Malacanang Palace to discuss important legislative
measures with the President.
THE JUDICIARY
Article VIii
of the
1987 Philippine constitution
Constitutional Jurisdiction
Resolve conflicts arising between the state & citizens over basic liberties;
Ruling whether specific laws are constitutional; and
Resolving conflicts between different institutions or levels of government
Societal Function
Maintaining social control;
Indirectly involving itself in public policy (as judicial decisions may influence public
opinion)
Big Idea!
In the 1987 Philippine Constitution, judicial power was vested to one Supreme Court; the Supreme
Court was the only court created by the Constitution and thereby CANNOT be abolished by any
law/legislation. It is the highest Court in the Philippines and thus called the ‘Court of Last Resort’
Sandiganbayan
Composed of a Presiding Justice and 8 Associate Justices, has exclusive jurisdiction over
violations of the Anti-Graft and Corrupt Practices Act (RA 3019), the Unexplained Wealth Act
(RA 1379), and or other crimes or felonies committed by public officials and employees in
relation to their office, including those employees in government-owned or controlled companies
NOTE: The Supreme Court can decide on cases that have not been tried in the lower courts (see
Art. VIII, Sec. 5 of 1987 Constitution)
Points
It is possible to file charges against specific offices, personnel, offices or Justices of the
Supreme Court;
If a party wishes to question a Supreme Court decision, it may file a motion for
reconsideration; and