politics and administration

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Cards (160)

  • The Philippines is a democratic and a republican country with a presidential form of Government wherein power and roles are all equally divided into different branches, namely; Executive, Legislative, and Judiciary.
  • Under the 1987 Philippine Constitution, the Three Branches of Government were made to ensure that the government is effective, and citizens' rights are protected.
  • Separation of Powers
    A doctrine of constitutional law which the different branches are kept separate.
  • Each branch has separate powers, and generally each branch is not allowed to exercise the powers of other branches.
  • How each branch can change acts of the other branches
    • The President can veto laws passed by Congress
    • Congress confirms or rejects the President's appointments and can remove the President from office in exceptional circumstances
    • The Justices of the Supreme Court, who can overturn unconstitutional laws, are appointed by the President and confirmed by the Senate
  • The Philippine government seeks to act in the best interests of its citizens through this system of checks and balances.
  • Judicial Review
    The power of the Supreme Court to declare a treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance or regulation unconstitutional.
  • Main functions of the three branches of government
    • Legislative - Craft laws
    • Judiciary - Interpret laws
    • Executive - Execute laws and ensure proper implementation
  • Executive branch

    • Composed of the President, Vice-President, the Cabinet and, Local Government (LGU) which is headed by the Philippine President
    • Article VII of 1987 Philippine Constitution articulates the roles and powers of the Executive Branch
  • Philippine President
    • Head of State and Head of Government
    • Commander-in-chief of the Armed Forces of the Philippines
    • Chief Executive of all executive departments, bureaus and offices
  • The executive power shall be vested in the President of the Philippines. Being the Head of State and the Head of Government, the President of the Philippines have the biggest responsibility in the country.
  • Qualifications to become President
    • Natural-born citizen of the Philippines
    • Registered voter
    • Able to read and write
    • At least forty years of age on the day of the election
    • Resident of the Philippines for at least ten years immediately preceding such election
  • Vice-President
    • Has the same qualifications and term of office as the President
    • Elected with and in the same manner as the President
    • May be removed from office in the same manner as the President
    • May be appointed as a Member of the Cabinet without need for confirmation
  • The President and the Vice-President shall be elected by direct vote of the people for a term of six years which shall begin at noon on the thirtieth day of June next following the day of the election and shall end at noon of the same date six years thereafter.
  • The President shall not be eligible for any reelection.
  • No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time.
  • Powers of the President
    • Power of control over the executive branch
    • Ordinance power
    • Power over aliens
    • Powers of eminent domain, escheat, land reservation and recovery of ill-gotten wealth
  • Power of control over the executive branch
    The President of the Philippines has the mandate of control over all the executive departments, bureaus, and offices, including restructuring, reconfiguring, and appointments of their respective officials. The President is also responsible for the strict implementation of laws by these offices.
  • Executive issuances the President may issue

    • Executive Orders
    • Administrative Orders
    • Proclamations
    • Memorandum Orders
    • Memorandum Circulars
    • General or special orders
  • During the term of President Ferdinand E. Marcos, he used executive issuances known as presidential decrees as a form of legislation, which had the full force and effect of laws.
  • President Aquino opted to use executive orders instead of presidential decrees, which still had the full force and effect of laws until the ratification of the 1987 Constitution.
  • Powers the President has over aliens in the Philippines
    • Deport an alien from the country after due process
    • Change the status of a foreigner from a non-immigrant status to a permanent resident status without necessity of visa
    • Overrule the Board of Commissioners of the Bureau of Immigration before their decision becomes final and executory
  • The Board of Commissioners of the Bureau of Immigration has jurisdiction over all deportation cases.
  • The president is also mandated by the Administrative Code of 1987 to exercise powers as recognized by the generally accepted principles of international law.
  • Power of eminent domain
    The state has the power to seize or authorize the seizure of private property for public use with just compensation.
  • Non-immigrant status
    Temporary resident status
  • Overruling the Board of Commissioners of the Bureau of Immigration
    President may choose to overrule before their decision becomes final and executory (after 30 days of the issuance of the decision)
  • Board of Commissioners of the Bureau of Immigration
    Has jurisdiction over all deportation cases
  • The president is mandated by the Administrative Code of 1987 to exercise powers as recognized by the generally accepted principles of international law
  • Power of eminent domain
    The state has the power to seize or authorize the seizure of private property for public use with just compensation
  • Article III, Section 9 (1) of the Constitution provides that no person shall be deprived of his/her life, liberty, or property without due process of law
  • Article III, Section 9 (2) provides that private property shall not be taken for public use without just compensation
  • Exercise of power of eminent domain
    President shall determine when it is necessary or advantageous to exercise the power of eminent domain in behalf of the national government, and direct the solicitor general, whenever he deems the action advisable, to institute expropriation proceedings in the proper court
  • Power to direct escheat or reversion proceedings

    President shall direct the solicitor general to institute escheat or reversion proceedings over all lands transferred or assigned to persons disqualified under the constitution to acquire land
  • Power to reserve lands of the public and private domain of the government
    1. President shall have the power to reserve for settlement or public use, and for specific public purposes, any of the lands of the public domain, the use of which is not otherwise directed by law
    2. Reserved land shall thereafter remain subject to the specific public purpose indicated until otherwise provided by law or proclamation
    3. President shall also have the power to reserve from sale or other disposition and for specific public uses or purposes, any land belonging to the private domain of the government, or any of the friar lands, the use of which is not otherwise directed by law, and thereafter such land shall be used for the purposes specified by such proclamation until otherwise provided by law
  • Power over ill-gotten wealth
    1. President shall direct the solicitor general to institute proceedings to recover properties unlawfully acquired by public officials or employees, from them or from their nominees or transferees
    2. Within the period fixed in, or any extension thereof authorized by, the constitution, the President shall have the authority to recover ill-gotten properties amassed by the leaders and supporters of the previous regime, and protect the interest of the people through orders of sequestration or freezing of assets or accounts
  • Power of appointment
    • President may appoint officials of the Philippine government as provided by the constitution and laws of the Philippines
    • Some of these appointments may need the approval of the Committee on Appointments (a committee composed of members from the House of Representatives and the Senate of the Philippines)
  • Power of general supervision over local governments
    • President of the Philippines, as chief executive, has the mandate to supervise local governments in the Philippines, despite their autonomous status as provided by Republic Act No. 7160 otherwise known as the Local Government Code of 1991
    • Traditionally, this is done by the Department of the Interior and Local Government, headed by a cabinet secretary—an alter ego of the President
  • Aside from the aforementioned powers of the President of the Philippines, he can also exercise powers enumerated in the constitution, and powers given to him by law
  • Bureaucracy
    A distinctive form of organization that is ideal for government and is a structured hierarchy of offices and of competent and salaried officials vested with an impersonal authority and by virtue of rules in the conduct of official business engaged in carefully defined division of tasks and rendering rational decisions by application of rules and the situation