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