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GOVERNMENT
Legal Research
EXECUTIVE BRANCH
Article VII, Section 1, of the 1987 Constitution vests
executive power onthe President of the
Philippines.The President is the Head of
StateandHead of Government, and functions as the
commander-in-chief of the Armed Forces of the
Philippines. As chief executive, the President exercises
control over all the executive departments, bureaus,
and offices.
PRESIDENT
branch
land reservation
VICE PRESIDENT
The Vice President of the Philippines is elected by direct vote by
the people for a term of six years, and may run for reelection
once. The term of the Vice President of the Philippines starts at
noon of the 30th day of June after an election is held.
DUTIES OF THE VICE PRESIDENT
According to the constitution, the vice president may
concurrently assume a cabinet position should the President of
the Philippines offer the former one. The vice president will
become a secretary concurrent to the position of vice
president.
CABINETS
FUNCTIONS OF A CABINET SECRETARY
act as the alter ego of the President
executing, with his authority, the power of
the Office of the President in their
respective departments.
Department
Department
Department
Department
Department
Department
Department
Department
Department
Department
Department
of
of
of
of
of
of
of
of
of
of
of
Agrarian Reform
Agriculture
Budget and Management
Education
Energy
Environment and Natural Resources
Finance
Foreign Affairs
Health
Justice
Labor and Employment
LOCAL GOVERNMENTS
As stipulated in Section 17 of the Local Government Code, are the ff:
facilities and research services for agriculture and fishery activities, which
include seedling nurseries, demonstration farms, and irrigation systems;
health services, which include access to primary health care, maternal and
child care, and medicines, medical supplies and equipment;
social welfare services, which include programs and projects for women,
children, elderly, and persons with disabilities, as well as vagrants, beggars,
street children, juvenile delinquents, and victims of drug abuse;
information services, which include job placement information systems and a
public library;
a solid waste disposal system or environmental management system;
municipal/city/provincial buildings, cultural centers, public parks,
playgrounds, and sports facilities and equipment;
infrastructure facilities such as roads, bridges, school buildings, health clinics,
fish ports, water supply systems, seawalls, dikes, drainage and sewerage, and
traffic signals and road signs;
public markets, slaughterhouses, and other local enterprises;
public cemetery;
tourism facilities and other tourist attractions; and
sites for police and fire stations and substations and municipal jail.
Provincial Governors
Powers and Duties of a Governor
Enforce all laws and ordinances, and implement all approved policies,
programs, projects, services and activities of the municipality or city:
Punong Barangay
Powers and functions of a Punong Barangay
enforce all laws and ordinances which are applicable within the
barangay;
Negotiate, enter into, and sign contracts for and in behalf of the
barangay, upon authorization of the Sangguniang Barangay;
maintain public order in the barangay
call and preside over the sessions of the Sangguniang Barangay and the
Barangay Assembly
appoint or replace the barangay treasurer, the barangay secretary, and
other appointive barangay officials;
organize and lead an emergency group for the maintenance of peace
and order or on occasions of emergency or calamity within the barangay;
LEGISLATIVE
BRANCH
According to the 1987 Constitution, legislative power shall be
vested in the Congress of the Philippines, which shall consist of a
Senate and a House of Representatives.
The Senate shall be composed of twenty-four Senators who shall
be elected at large by the qualified voters of the Philippines, as
may be provided by law; the House of Representatives shall be
composed of not more than 250 (unless otherwise fixed by law),
20 percent of whom must be Party-list representatives.
National Legislature
The Senate is composed of 24 senatorshalf of which are elected every three years. Each
senator, therefore, serves a total of six years. The senators are elected by the whole
electorate and do not represent any geographical district.
The sectoral congressmen represent the minority sectors of the population. This
enables these minority groups to be represented in the Congress, when they would
otherwise not be represented properly through district representation. Also known as
party-list representatives, sectoral congressmen represent labor unions, rights groups, and
other organizations.
Senate Officers
Senate President
Under Section 3 of Rule III of the Rules of the Senate, the Senate President is the Chief
Executive of the Senate. His duties and powers are as follows:
(a) To preside over the sessions of the Senate on the days and at the hours
designated by it; to call the Senate to order and, if there is a quorum, to order
the reading of the Journal of the preceding session and, after the Senate shall
have acted upon it, to dispose of the matters appearing in the Order of Business
in accordance with the Rules;
(b) To decide all points of order;
(c) To sign all measures, memorials, joint and concurrent resolutions; issue
warrants, orders of arrest, subpoena and subpoena duces tecum;
(d) To see to it that all resolutions of the Senate are complied with;
(e) To have general control over the session hall, the antechambers, corridors and
offices of the Senate;
Senate Officers
Senate President
(f) To maintain order in the session hall, the antechambers, corridors
and in the offices of the Senate, and whenever there is disorder, to
take appropriate measures to quell it;
(g) To designate an Acting Sergeant-at-Arms, if the Sergeant-at-Arms
resigns, is replaced or becomes incapacitated;
(h) To appoint the subordinate personnel of the Senate in conformity
with the provisions of the General Appropriations Act;
(i) To dismiss any employee for cause, which dismissal in the case of
permanent and classified employees shall be in conformity with the
Civil Service Law; and
(j) To diminish or increase the number of authorized personnel by
consolidating or separating positions or items whenever the
General Appropriations Act so authorizes and the total amount of
salaries or allocations does not exceed the amount earmarked
therein.
Senate Officers
Senate President Pro Tempore
Like the President of the Senate, the Senate President Pro
Tempore is also elected by the members of the Senate. for
sometime in the past Senates, senior members of the
majority party are often elected as Senate President Pro
Tempore. Under Section 4 of Rule IV of the Rules of the
Senate, the President Pro Tempore shall discharge the
powers and duties of the President in the following cases:
Senate Officers
The Majority Leader
In the modern Senate, the second in command is the majority leader, whose primary responsibility is to
manage the legislative affairs of the chamber. While nothing in the Rules of the Senate expressly states the
powers of the Majority Leader, to a great extent, he is very influential in the passage of bills. As the traditional
Chairman of the Committee on Rules, the Majority Leader helps formulate, promote, negotiate and defend the
majoritys legislative program, particularly on the floor.
The minority group chooses from among themselves the Minority Leader who is considered as the titular head
of the minority in the Senate and oftentimes called a shadow president.
In many past rigodons of the Senate or the so-called Senate coups, sometimes the minority leader becomes
the President and the ousted President becomes the minority leader.
The basic duties of the Minority Leader is that he becomes the spokesman for his party or group or coalition
and enunciates its policies. He is expected to be alert and vigilant in defense of the minoritys rights. It is his
function and duty to criticize constructively the policies and programs of the majority, and to this end employ
parliamentary tactics and give close attention to all proposed legislation.
The Rules of the Senate gives the President Pro Tempore and the Majority and Minority Leaders unique
privileges as all are ex-officio members of all the permanent committees of the Senate.
Senate Committees
Committee
Committee
Committee
Currencies
Committee
Committee
Committee
Committee
Committee
Committee
Committee
Committee
Senate Committees
Committee
Committee
Committee
Committee
Committee
Committee
Committee
Committee
Committee
Committee
Committee
Committee
Committee
Committee
Committee
Committee
on
on
on
on
on
on
on
on
on
on
on
on
on
on
on
on
Powers of Congress
Legislative Process
Congress 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.
Resolutionsconvey 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.
Legislative Process
Billsare 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.
On Second Reading, the Secretary General reads the number, title and text
of the bill and the following takes place:
Period of Sponsorship and Debate
Period of Amendments
Voting which may be by:
(1) viva voce (2)count by tellers (3)division of the House; or
(4)nominal voting
JUDICIARY
BRANCH
The Constitution of the Philippines ordains that judicial power shall
be vested in one Supreme Court and such lower courts as may be
established by law.
[Section 1, Art. VIII, 1987 Constitution).
The Law
Under Philippine laws [Judiciary
Reorganization Act of 1980 (Batas
Pambansa Bilang 129) which took effect on
January 18, 1983 and other laws] the
Philippine judicial system consists of the
following courts:
The Court of Appeals, composed of one Presiding Justice and sixty eight Associate
Justices is vested with jurisdiction over appeals from the decisions of the Regional
Trial Courts and certain quasi-judicial agencies, boards or commissions
Sandiganbayan
A special court, the Sandiganbayan, composed of a Presiding Justice and eight Associate
Justices, has exclusive jurisdiction over violations of the Anti-Graft and Corrupt Practices
Act [Republic Act No. 3019], the Unexplained Wealth Act [Republic Act No. 1379] and
other crimes or felonies committed by public officials and employees in relation to their
office, including those employees in government-owned or controlled corporations.
Court of Tax Appeals
A special court, the Court of Tax Appeals, composed of a Presiding Judge and two
Associate Judges, is vested with the exclusive appellate jurisdiction over appeals from
the decisions of the Commissioner of Internal Revenue and the Commissioner of
Customs on certain specific issues.
Functions of the
Court of Appeals
``1. Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus, and
quo warranto, and auxiliary writs or processes, whether or not in aid of its appellate jurisdiction;
2. Exclusive original jurisdiction over actions for annulment of judgements of Regional Trial
Courts; and
3. Exclusive appellate jurisdiction over all final judgements, resolutions, orders or awards of
Regional Trial Courts and quasi-judicial agencies, instrumentalities, boards or commission,
including the Securities and Exchange Commission, the Social Security Commission, the
Employees Compensation Commission and the Civil Service Commission, Except those falling
within the appellate jurisdiction of the Supreme Court in accordance with the Constitution, the
Labor Code of the Philippines under Presidential Decree No. 442, as amended, the provisions of
this Act, and of subparagraph (1) of the third paragraph and subparagraph 4 of the fourth
paragraph of Section 17 of the Judiciary Act of 1948.
Functions of the
Sandiganbayan
The Office of the Ombudsman shall have the following powers, functions and duties
Investigate and prosecute on its own or on complaint by any person, any act or omission of any
public officer or employee, office or agency, when such act or omission appears to be illegal, unjust,
improper or inefficient.
Direct, upon complaint or at its own instance, any officer or employee of the Government, or of any
subdivision, agency or instrumentality thereof, as well as any government-owned or controlled
corporations with original charter, to perform and expedite any act or duty required by law, or to
stop, prevent, and correct any abuse or impropriety in the performance of duties.
Direct the officer concerned to take appropriate action against a public officer or employee at fault or
who neglects to perform an act or discharge a duty required by law, and recommend his removal,
suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith; or enforce its
disciplinary authority as provided in Section 21 or this Act: Provided, That the refusal by any officer
without just cause to comply with an order of the Ombudsman to remove, suspend, demote, fine,
censure, or prosecute an officer or employee who is at fault or who neglects to perform an act or
discharge a duty required by law shall be ground for disciplinary action against said officer.
Direct the officer concerned, in any appropriate case, and subject to such limitations as it may
provide in its rules of procedure, to furnish it with copies of documents relating to contracts or
transactions entered into by his office involving the disbursement or use of public funds or
properties, and report any irregularity to the Commission on Audit for appropriate action.
Request any government agency for assistance and information necessary in the discharge of its
Functions of the
Sandiganbayan
Publicize matters covered by its investigation of the matters mentioned in paragraphs (1), (2), (3) and
(4) hereof, when circumstances so warrant and with due determine what cases may not be made
public: Provided further, That any publicity issued by the Ombudsman shall be balanced, fair, and
true.
Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the
Government and make recommendations for their elimination and the observance of high standards of
ethics and efficiency.
Administer oaths, issuesubpoenaand subpoenaduces tecum, and take testimony in any investigation
or inquiry, including the power to examine and have access to bank accounts and records.
Punish for contempt in accordance with the Rules of Court and under the same procedure and with the
same penalties provided therein.
Delegate to the Deputies, or its investigators or representatives such authority or duty as shall ensure
the effective exercise of performance of the powers, functions, and duties herein or hereinafter
provided.
Investigate and initiate the proper action forthe recovery of ill-gotten and/or unexplained wealth
amassed after February 25, 1986 and the prosecution of the parties involved therein.
Promulgate its rules of procedure and exercise such other powers or perform such functions or duties
as may be provided by law.
Functions of the
Court of Tax Appeals
The Court of Tax Appeals shall exercise exclusive appellate jurisdiction to
review by appeal, as herein provided.
(1) Decisions of the Collector of Internal Revenue in cases involving
disputed assessments, refunds of internal revenue taxes, fees or other
charges, penalties imposed in relation thereto, or other matters arising
under the National Internal Revenue Code or other law or part of law
administered by the Bureau of Internal Revenue;
(2) Decisions of the Commissioner of Customs in cases involving liability for
customs duties, fees or other money charges; seizure, detention or
release of property affected fines, forfeitures or other penalties imposed
in relation thereto; or other matters arising under the Customs Law or
other law or part of law administered by the Bureau of Customs; and
(3) Decisions of provincial or city Boards of Assessment Appeals in cases
involving the assessment and taxation of real property or other matters
arising under the Assessment Law, including rules and regulations relative
thereto.
Lower Courts
Regional Trial Courts
Regional Trial Courts were established among the thirteen regions in the
Philippines consisting of Regions I to XII and the National Capital Region
(NCR). There are as many Regional Trial Courts in each region as the law
mandates.
Shari'a Courts
Equivalent to the Regional Trial Courts in rank are the Shari'a District
Courts which were established in certain specified provinces in Mindanao
where the Muslim Code on Personal Laws is being enforced.
Equivalent to the Municipal Circuit Trial Courts are the Shari'a Circuit
Courts which were established in certain municipalities in Mindanao.
There are five Shari'a District Courts and fifty one Shari'a Circuit Courts in
existence.
Lower Courts
Every municipality in the Philippines has its own Municipal Trial Court. It
is referred to as such if it covers only one municipality; otherwise, it is
called Municipal Circuit Trial Court if it covers two or more
municipalities.
Municipal Trial Courts in the towns and cities in the Metropolitan Manila
area, as distinguished from the other political subdivisions in the
Philippines, are referred to as Metropolitan Trial Courts.
CONSTITUTIONAL
COMMISSION
Book II, Chapter 5 of the Administrative Code of 1987 states
that the Constitutional Commissions enumerated in the
Constitution are independent and enjoy fiscal autonomy.
CONSTITUTION
CONSTITUTIONAL COMMISSIONS
COMMON PROVISIONS
The Constitutional Commissions, which shall be
independent, are the Civil Service Commission, the
Commission on Elections, and the Commission on Audit.
No member of a Constitutional Commission shall, during his
tenure, hold any other office or employment. Neither shall
he engage in the practice of any profession or in the active
management or control of any business which, in any way,
may be affected by the functions of his office, nor shall he
be financially interested, directly or indirectly, in any
contract with, or in any franchise or privilege granted by the
Government, any of its subdivisions, agencies, or
instrumentalities, including government-owned or controlled
corporations or their subsidiaries.
The salary of the Chairman and the Commissioners shall be
fixed by law and shall not be decreased during their tenure.
CONSTITUTION
CONSTITUTIONAL COMMISSIONS
COMMON PROVISIONS
The Constitutional Commissions shall appoint their officials and employees in
accordance with law.
The Commission shall enjoy fiscal autonomy. Their approved annual
appropriations shall be automatically and regularly released.
Each Commission en banc may promulgate its own rules concerning pleadings
and practice before it or before any of its offices. Such rules, however, shall
not diminish, increase, or modify substantive rights.
Each Commission shall decide by a majority vote of all its Members, any case
or matter brought before it within sixty days from the date of its submission
for decision or resolution. A case or matter is deemed submitted for decision
or resolution upon the filing of the last pleading, brief, or memorandum
required by the rules of the Commission or by the Commission itself. Unless
otherwise provided by this Constitution or by law, any decision, order, or
ruling of each Commission may be brought to the Supreme Court on certiorari
by the aggrieved party within thirty days from receipt of a copy thereof.
Each Commission shall perform such other functions as may be provided by
law.
Constitutional
Constitutional Commission
Commission
Commission
Commission on
on
Human
Rights
Human Rights
Commission
Commission on
on
Audit
Audit
Commission
Commission on
on
Election
Election
Civil
Civil Service
Service
Commission
Commission
Commission on Elections
The COMELEC is the principal government agency tasked by the
Constitution to enforce and administer all laws and regulations
concerning the conduct of regular and special elections.
It is a body that is designed to be constitutionally independent from the
executive, legislative and judicial branches of government to ensure
the conduct of free, fair and honest elections. As an added measure,
the constitution also grants fiscal autonomy to enable the COMELEC to
operate effectively, efficiently and free from political interference.
The constitution mandates that "funds certified by the Commission as
necessary to defray the expenses for holding regular and special
elections, plebiscites, initiatives, referenda, and recalls, will be provided
in the regular or special appropriations and, once approved, will be
released automatically upon certification by the Chairman of the
Commission."
The enlarged Commission on Elections was designed to cope with its expanded
powers and functions provided for under the constitution and existing laws. The
Commission performs the following specific powers and functions:
2.
Enforce and administer all laws and regulations relative to the conduct of an
election, plebiscite, initiative, referendum, and recall.
3.
Exercise exclusive original jurisdiction over all contests relating to the elections,
returns, and qualifications of all elective regional, provincial, and city officials, and
appellate jurisdiction over all contests involving elective municipal officials decided
by trial courts of general jurisdiction, or involving elective barangay officials decided
by trial courts of limited jurisdiction.
4.
Decide, except those involving the right to vote, all questions affecting elections,
including determination of the number and location of polling places, appointment of
election officials and inspectors, registration of voters.
5.
Deputize, with the concurrence of the President, law enforcement agencies and
instrumentalities of the Government, including the Armed Forces of the Philippines,
for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible
elections
Commission on Audit
TheCommission on Audit, abbreviated asCOA(Filipino
:Komisyon ng Pagsusuri), is an independent constitutional
commission established by theConstitution of the Philippines. It
has the primary function to examine, audit and settle all
accounts and expenditures of the funds and properties of the
Philippine government.
The Commission has thepower,authorityandduty to
examine,auditandsettle all accountsandexpenditures of
the funds andproperties of the Philippine government.
Towards that end, it has the exclusive authority to define the
scope, techniques and methods of its auditing and examination
procedures. It also may prevent and disallow irregular,
unnecessary, excessive, extravagant or unconscionable
expenditures, or uses of government funds and properties.
GROUP 3
Binuya, Gilbert
Calura, Mary Claire
Licup, Djoone
Magundayao, Khay Ann
Mallare, Manuel