UNIT 2: PHILIPPINE CONSTITUTION

• Three Branches of the Philippines Government

  Legislative branch - authorized to make laws, alter, and repeal them through the power vested in the Philippine Congress

  Executive branch - carries out laws passed by the legislative branch

  Judicial Branch - evaluates the laws
• The Philippines were organized into independent political units called barangays
• Each barangay was headed by a chief known as a datu, who held legislative, executive, judicial, and military powers
• In Luzon and Visayas, datu were part of the ruling class called maginoo, with ginoo as a title of respect for both genders
• Datus were defined by their following (dulohan) and lived with them in towns (bayan)
• Paramount chiefs (lakan or rajah in Luzon and Visayas) controlled trade, not to be confused with datus
• Duties of Datus:

  • Governed with fairness
  • Settled disputes
  • Protected from enemies
  • Led in battle
  • People rendered labor, tribute, and support in exchange for leadership
• In Mindanao, some Islamized areas had centralized governments led by a sultan
• Sultan inherited position through direct royal bloodline, with allegiance from datus
• Barangays had legal systems based on native customs and traditions
• Laws were mostly unwritten and passed down orally
• Trial by ordeal administered for justice, with punishment systems and mediation for settlements
• Spanish Occupation (1565-1899)

  Ferdinand Magellan came to the Philippines in 1521, marking the

  beginning of Spanish rule. Miguel Lopez de Legazpi conquered the islands in 1565, setting up a colonial government. Spain controlled the Philippines through Mexico until Mexico gained independence in 1821. Then, Spain directly governed the Philippines until 1898 when it was given to the USA. The Spanish Colonial Bureaucracy included various positions during most of the occupation:

  • Captain General handles the legislative, judicial and executive branches
  • Audencia is the Supreme Court
• First Republic/Revolutionary Government (1899-1901)

  • Leadership transition to Emilio Aguinaldo from Cavite
  • Declaration of independence from Spain on June 12, 1898, with
  • establishment of a government
  • Provisional representatives appointed for provinces under Spanish
  • authority
  • Approval of draft constitution by Malolos Congress on November 29, 1898
  • Return of draft for amendments, followed by approval on December 23, 1898
  • Formal adoption of the constitution by Malolos Congress on January 20, 1899, and its Promulgation in the 21st.
• First Republic/Revolutionary Government

  Legislative

  • Assembly of Representatives of the Nation
  • 4 year team
  • Permanent Commission

  Executive

  • President; exercises power through his Department Secretaries.
  • 4 year term

  Judicial

  • Supreme court
  • Solicitor-General
• American Insular Government (1898-1935)

  • Treaty of Paris
  • 1901 William Howard Taft established the government
• American Insular

  Philippine Organic Act (Cooper Act) - 1902; Governor-General holds executive power representing the President of the United States. The Bicameral legislature was established

  • Philippine Commission is the upper house (all appointed)
  • Philippine Assembly as the lower house (elected) -1907
• AMERICAN INSULAR

  Philippine Autonomy Act (Jones Law)

  • 1916
  • Philippine legislature is fully elected and is Filipino-controlled
  • Governor-General is the head of the Executive branch
  • Philippine Commission is now the Senate
  • Philippine Assembly is now the House of Representatives
• Philippine Commonwealth (1935-1946)

  • Tydings-Mcduffie Act or the Philippine Independence Act in 1934 is a 10 year transition period for self-governance.
  • Manuel Quezon and Sergio Osmena
  • Feb 8, 1935 - approval

  Legislative

  • The National Assembly

  Executive

  • President
  • every 6 years

  Judiciary

  • Supreme Court
  • It is made up of one Chief Justice and 10 Associate Justices
• Japanese Occupation (1941-1945) & The Second Republic (1943-1945)

  • January 3, 1942, established the Military Administration as it also established the Philippine Executive Commission or PEC
  • 1943 a new constitution, that is sponsored by the Japanese which makes the Second Republic
  • August 1945 - Allied Powers

  Legislative

  • National Assembly - provincial governors and city mayors as ex-officio

  Executive

  • President
  • 6 year term

  Judiciary

  • Supreme Court
  • 1 Chief Justice and 6 Associate Justices
• Third Republic inaugurated on July 4, 1946, as US grants independence to the Philippines under the Tydings-McDuffie Act of 1935
• Second amendment in 1947 granted American citizens the right to use Philippine natural resources
• Structure of government based on amendments approved on June 18, 1940
• Changes in Congress composition
• Revision of President and Vice-President terms to 4 years starting on December 30
• 3rd Republic

  Creation of the national Commission on Elections
• 3rd Republic

  Legislative branch consists of Congress with a 6-year term

  • Congress has 24 senators divided into 3 groups
• Judiciary branch consists of 1 chief justice and 10 associate justices who may sit either en banc or in 2 divisions
• The Fourth Republic (1973-1986)

  • President Ferdinand Marcos Sr.
  • Martial Law
  • before elections of 1981, Martial law is lifted

  Legislative

  • National assembly
  • term of 6 years

  Executive

  • Primine Minister with the assistance of the Cabinet
  • they are responsible of the national assembly
  • Prime Minister have control of all ministries

  Judicial

  • Supreme Court made up of 1 Chief Justice and 14 Associate Justices
  • appointed by president
• The Fifth Republic (1987-present)

  ● President Ferdinand Marcos, Sr. called for a snap presidential election in February 1986 under international pressure.

  ● Marcos won the election but faced a mass revolt, leading to his exile.

  ● Corazon Aquino assumed the presidency after Marcos' departure.
• Fifth Republic

  ● President Aquino issued Proclamation No. 3, suspending certain provisions of the 1973 Constitution.

  ● A Constitutional Commission was created to draft a new charter under Proclamation No. 9, s. 1986, issued on April 23, 1986

  ● The new Constitution was ratified through a national plebiscite on February 2, 1987
• Congress of the Philippines - National legislature of the Republic of the Philippines

  Composed of two houses: The upper house: the Senate and the Lower house: the House of Representatives

  ● Senators: Members of the Senate, elected at-large, representing no specific geographical district

  ● Representatives: Members of the House of Representatives, elected by legislative districts, officially called representatives but sometimes referred to as congressmen/congresswomen
• Legislative Powers and Processes

  ● Congress crafts enabling laws to uphold the Constitution's spirit

  and may amend it.

  ● Two main legislative documents: bills and resolutions.

  Constitution's
• Resolutions convey principles and sentiments:

  ● Joint resolutions: require approval of both chambers and the President's signature, having the force of law.

  ● Concurrent resolutions: affect both chambers, require approval in the same form by both houses, but don't need the President's signature.

  ● Simple resolutions: deal with matters within one chamber's prerogative, don't require the President's signature.
• Bills become law when approved by both houses and the President.

  ● Presidential veto can be overturned by a 2/3rds vote in the House of Representatives.

  ● If the President doesn't act on a proposed law, it becomes law after 30 days.
• President and Vice-President

  ● The President of the Philippines serves as the head of state, head of government, and chief executive.

  ● Directly elected by the people.

  ● Acts as the commander-in-chief of the Philippine military.

  ● Oversees the executive departments.

  ● In case of a vacancy, the Vice-President of the Philippines assumes the role of President.
• Executive Powers

  • Power of control over the executive branch
  • Power of ordinance
  • Power over Aliens
  • Powers of Eminent Domain, Escheat, Land Reservation, and Recovery of Ill-Gotten Wealth
  • Power of appointment
  • Power of general supervision over local governments
  • Other powers
• Power of control over the executive branch:

  ● Mandate to control all executive departments, bureaus, and offices.

  ● Includes restructuring, reconfiguring, and appointments of officials.

  ● Responsible for strict implementation of laws within these offices.
• Power of ordinance:

  ● Ability to issue executive issuances to streamline policies and

  programs.
• Six types of issuances:

  ● Executive orders: Rules of general or permanent character.

  ● Administrative orders: Relate to aspects of governmental operations.

  ● Proclamations: Fixing dates or declaring statuses of public interest.

  ● Memorandum orders: Detail-oriented acts on administrative matters.

  ● Memorandum circulars: Relate to internal administration for departmental compliance.

  ● General or special orders: Acts and commands of the President