PHILIPPINE POLITICS AND GOVERNANCE 1st Semester

Finals Exam Reviewer SY 2017-2018

THE EXECUTIVE BRANCH  Death, resignation,

physical/mental incapacity
- Responsible for: o President to
o Implementing laws of the state Vice President to
o Creating/Executing of government Senate President to
programs and policies Speaker of the House

The President Executive Issuances

- Heads the executive branch (The Executive) 1. Executive Orders

- Highest-ranking government official
- Wield many powers granted by:
o Positions, the constitution, and laws
- Article VII, Section 1 (1987 Constitution)
o President as the:
 Head of state (cultural)
 Head of government
(decision-maker)
 Commander-in-chief of the
Armed Forces of the
Philippines (AFP)
- Can manifest power through
o Executive Issuances
o Appointments – of other officials
o Pardoning – of criminals/officials
o Borrowing – of financial resources
from institutions
o Diplomacy – discuss agreements
with other states
- Limitations
o Only one six-year term, with no re-
elections
o Cannot have an increase in salary
o Cannot hold any other office/s
o Cannot be in/directly involved with
any other financial interests (such
as professions or businesses)
o Cannot have any other conflicts of
interest
o Cannot appoint relatives within the
fourth degree of consanguinity
o A check and balance system with
other branches must be in place
- Qualifications
o A natural-born Filipino citizen
o A registered voter
o Adequately literate (able to read
and write)
o At least 40 years old by elections
o Lived in PH for at least 10 years
- Rules of Succession
o Happens when president cannot
perform duties due to:
a. Helps officials in executive branch:
i. Operate their offices
ii. Fulfill their functions
b. Same power as laws passed by the
Congress
2. Proclamations
a. Affects:
i. Public policies
ii. How citizenry functions
b. Made on particular occasions
i. Celebrations and holidays
ii. State of calamities
iii. Suspension of laws
3. Administrative Orders
a. For the creation of committees,
sub-agencies, and other groups
i. Assists in administrative
duties of the president and
executive branch
THE LEGISLATIVE BRANCH
- Lawmaking body of the government
- Embodied as either a congress or parliament
o Philippines – bicameral congress
with two divisions
 House of Representatives
 The Senate
The Senate
- Upper house of the Congress
- Composition:
o 23 Senators
o 1 Senate President
- Terms of Members:
o Length – six years
o Elections – every 3 years with
3 re-elections
- Qualifications
o A natural-born Filipino citizen
o A registered voter
o Adequately literate
o At least 35 years old by elections
o Lived in PH for at least 2 years

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PHILIPPINE POLITICS AND GOVERNANCE
Finals Exam Reviewer SY 2017-2018
The House of Representatives
- Lower house of the Congress
- Composition:
o 250 congressmen and women
 Represents various local
districts and party-lists
- Qualifications
o A natural-born Filipino citizen
o A registered voter in district to be
represented
o Adequately literate
o At least 25 years old by elections
o Lived in direct for at least 1 year
prior to the elections
Laws
- Function: legislators create laws
o A set of rules and regulations
meant to be followed by the
constituents of the state
- Rule of Law – highlights importance of laws
o State must be governed by set laws
– not varying and arbitrary
decisions by officials
o Must regulate the citizens’ actions
o Ensures people do not:
 Neglect responsibilities
 Abuse/Misuse power
- Law must:
o Embody ideas/values of the state
o Ensure political order/societal
safety
o Work toward achieving state goals
- Common Basis:
o The Constitution – an ‘organic law’
 Defines how government
will run/organize the state
- Republic Acts (RA):
o Passed by Congress and approved
by the President
o Created to carry out principles and
beliefs embodied by the constitution
Classifications of Laws
1. Administrative Laws
a. Concerned with actions/activities of
government and its departments
2. Civil Service Laws
a. Concerned with public service
i. Selection and employment
of government workers
1st Semester
3. Civil Laws
a. Concerned with rights and duties of
the citizens of the state
b. Also involves contracts and
agreements
4. Commercial Laws
a. Concerned with trade and economy
b. Emphasis on production,
distribution, and pricing of goods
and services
5. Criminal Laws
a. Concerned with crimes, violations,
and their respective punishments
6. Labor Laws
a. Concerned with worker-employer
dynamics
i. Includes their privileges,
rights, and responsibilities
7. Taxation Laws
a. Concerned with different types of
taxes to be imposed on particular
individuals and institutions
Pseudo-legislative Powers
- Legislative powers exercised by other
government officials through their actions
- Examples: executive issuances, ordinances
Relations with Other Branches
- Interaction with each other – assesses the
validity of laws to be passed
o Bills from Congress need approval
of the president
o Judiciary examines the
constitutionality of the laws
Reviewing Laws
- Allows one to see if the law must be:
o Amended, repealed, or extended
- Aforementioned actions also determine the
continuity of laws
1. Amendments
a. Modifies a law to:
i. Suit current societal
conditions
ii. Conform to legal or
political developments
2. Repeals
a. Removes or replaces law with a
new or more suitable one
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PHILIPPINE POLITICS AND GOVERNANCE 1st Semester
Finals Exam Reviewer SY 2017-2018

b. Done when law is obsolete or no o Not Rejected/Approved

longer usable  If 10 days have passed, it
3. Extensions becomes a Republic Act
a. Lengthens duration of law  Congress must be in
b. Happens if law is seen as fitting to session
the condition of the people
THE JUDICIARY BRANCH
Legislative Process
- Defined as the supreme arbiter
- Both houses of Congress are involved o Decides on controversies and
disputes between parties
1. Authorship - Branch is independent
a. House members author bills that o Works independently from other
address particular issues/concerns branches
2. First Reading
a. Bill is read and given to specific Judicial Power
committee within the house
3. Committee Consideration - Power to implement and apply laws
a. Bill is evaluated by the committee - Exercised through:
i. Discussed in public o Processes that determine validity,
hearings if necessary legality, and constitutionality of laws
4. Second Reading o Settling disputes presented to the
a. Bill is read for a second time courts
i. Includes debates and
Reality of Laws
deliberations among the
house members - Rule of law governs the land, but not all are
b. Bill is voted if it will go on to the fully aware of it
third reading - Laws created to safeguard peoples’
5. Third Reading interests, but not all acknowledge or
a. Bill is read for a third time understand it
i. It is printed for distribution
to house members Supreme Court
b. Bill is voted on again
i. Approved – given to the - Embodiment of judiciary in the Philippines
other house for approval - Headed by the Chief Justice
ii. Rejected – calls for a o Assisted by 14 associate justices
bicameral conference  1 Senior Associate Justice
committee
6. Presidential Action Chief Justice
a. Bill is then given to president
b. If approved, law is disseminated to - Head of the Judicial and Bar Council (JBC)
the Official Gazette and two o Fills the vacancies in court
national newspapers - Chief presider in impeachment trials in the
other two branches
o Approved - Has jurisdiction over the following cases:
 Becomes a Republic Act o Constitutionality of laws, treaties,
 Effective 15 days later and executive agreements
o Rejected o Constitutionality and application of
 Using the veto power presidential decrees, orders, and
 May be overwritten by a proclamations
2/3 vote of each house in o Involvement of ambassadors,
the Congress consuls, and ministers
o Criminal cases with higher
punishments or life imprisonment

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PHILIPPINE POLITICS AND GOVERNANCE
Finals Exam Reviewer SY 2017-2018
o Cases of lower courts in particular
situations
o Electoral tribunal
 Investigates electoral
protests
- Limitations
o Powers of the Congress
 Decides on requisites for
membership in lower
courts
 Recommends nominees
for membership
o Power of the President
 Finalizes approval of
appointees
- Requisites
o Must have a Bachelor of Law or
Juris Doctor degree
o Must pass bar examinations
administered by the Supreme Court
o Must be a practicing lawyer
- Additional Qualifications (of the JBC)
o Competence
o Integrity
o Probity and Independence
o Sound Physical, Mental, and
Emotional Condition
- Members of Supreme Court and lower courts
are mandated by Constitution to hold office
until they’re:
o 70 years old, or
o Incapacitated to the point of inability
to perform their duties
Lower Courts
1. Court of Appeals
a. Second highest court
b. Has appellate jurisdiction over
regional trial court decisions
i. Can review/evaluate
decisions of lower courts
c. Reviews administrative cases
involving the DOJ, Ombudsman,
and other offices exercising
quasi-judicial power
d. Composition
i. 1 Presiding Justice
ii. 64 Associate Justices
2. Sandiganbayan
a. Oversees cases concerning
violations of public officials
1st Semester
i. Excepting Ombudsman,
Supreme Court, President,
and Vice President
b. Specific cases – graft, corruption,
bribery, plunder, etc.
c. Composition
i. 1 Presiding Justice
ii. 14 Associate Justices
3. Court of Tax Appeals
a. Specific cases – tax collection, real
estate, trade-related matters, etc.
b. Composition
i. 1 President Justice
ii. 8 Associate Justices
4. Shari’a Courts
a. Follows Islamic law
b. Jurisdiction in ARMM and select
provinces in Mindanao
5. Trial Courts
a. RTC – Regional Trial Courts
b. MTC – Municipal Trial Courts
c. MeTc – Metropolitan Trial Courts
Quasi-Judicial Powers
- Judicial powers exercised by those outside
of the judiciary branch
- NLRC – National Labor Relations
Commission
- DARAB – Department of Agrarian Reform
Adjudication Board
- President – Issuance of pardons
- Congress – Impeachment of judiciary
DECENTRALIZATION OF LOCAL GOVERNANCE
Decentralization
- Transferring power from a central
government to outer institutions
Four Forms
1. Deconcentration
a. Redistribution of administrative
responsibilities within the central
government
b. Addresses many issues, and can’t
focus too much on a single one
2. Delegation
a. Decision-making is given to
organizations not under the central
government’s direct control – local
government units
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PHILIPPINE POLITICS AND GOVERNANCE
Finals Exam Reviewer SY 2017-2018
3. Devolution
a. Central government completely
gives up its power
i. Responsibility is
transferred from central
gov’t to other offices
b. Central gov’t either:
i. Creates new and
independent offices
outside its control
ii. Gives up several roles to
existing gov’t units in order
to strengthen them
4. Functional Transfer
a. Administrative responsibilities are
transferred to non-government
groups (or NGOs)
Rationales
1. Democratization
a. Make people more involved in the
political process
2. Efficiency and Economic Growth
a. More people working at the same
time, resources are maximized
b. Private spheres are more involved
3. Improved Supply/Demand of Local Services
a. Supply better meets demand
b. LGUs are more focused on
supplying a specific need
4. Vested Interests of National Politicians
a. Basis: LGU knows its constituents
more than the national government
5. Preservation of National Political Systems
a. Makes the system more apparent
b. Makes ideology of government
more apparent
6. Failure of Centralist Governments
a. Previous experiences have shown
that too much power isolated to a
single entity is prone to abuse
b. Ex. Ferdinand Marcos
History of Decentralization
1. Barangays – DECENTRALIZED
a. All datus are spread out; each has
its own community under its control
b. Sultanate System – more centralized
2. Spanish Period – CENTRALIZED
a. Governor-General held all power in
the Philippines
i. Leader of the military and
upheld the laws of the land
1st Semester
b. Church and friars also had power
3. Malolos Republic – CENTRALIZED
a. Emilio Aguinaldo – revolutionary
government
b. Filipinos were vulnerable
i. Need arose to centralize
power to one man to steer
ship to independence
4. American Period – CENTRALIZED
a. 1st Philippine Constitution
b. Manuel Quezon
i. ‘Powerful Executive’
ii. Led Philippines to freedom
5. World War II (Japan) – DECENTRALIZED
a. Laurel and Recto – puppet gov’t
b. Filipino leaders were spread across
the archipelago
6. Marcos Regime – CENTRALIZED
a. Marcos was considered as the
‘absolute power’ – could do
whatever he wanted
7. Aquino Regime – DECENTRALIZED
a. Creation of RA 7160 – the Local
Government Code of 1991
Changes of RA 7160
1. Delivery of basic services to local
governments was devolved
a. Education, healthcare, fire
departments, police, etc.
2. Licensing and regulatory powers were
transferred to local governments
3. Local economy was increased by
broadening tax powers and allocations
a. International Revenue Allocation
i. Amount of national taxes
that goes to LGUs (went
from 11% to 40%)
4. Framework for a civil society was given
a. NGOs, LGUs, and the people
5. Local government encouraged to be more
entrepreneurial and self-reliant
6. Local government structure was formalized
Structure
NATIONAL GOV’T
PROVINCE HIGHLY
URBANIZED CITY
MUNICIPALITY COMPONENT
B B
CITY
B B
B B
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PHILIPPINE POLITICS AND GOVERNANCE
Finals Exam Reviewer SY 2017-2018
Desirable Effects of Decentralization
1. System is more democratic
a. Happier – surveys show more
people satisfied with LGUs
b. More Involved in Politics – more
candidates are running in local
elections
c. Better Represented – women and
indigenous groups are more
present at local levels
2. Development in local units is present
(however, is limited)
a. New officials pressure previous
officials to perform better
b. LGUs still under firm control of
previous powers
c. LGUs are more entrepreneurial
i. Interact more with the
private sector
d. LGUs seek innovations in
operations
i. Looking for new and better
ways of governing
ii. More interactions between
LGUs are present
3. More organizations are created
a. Ex. Union of Local Authorities in the
Philippines (ULAP)
Controversies/Issues of Decentralization
1. Uneven presence of civil society
a. Not all local governments can
secure partnerships with NGOs
b. Not all groups are represented well
2. Padrino Politics
a. Padrino – a patron/benefactor
b. Concept where benefits are
exchanged for favors
i. ‘Utang na loob’
3. Wide discrepancies among local
governments remain
4. Unequal distribution of economic and
financial resources are still present
5. Personnel Problems
CITIZENSHIP
Social Contract
- Theory of anarchy that presents a need for
unity among the people
- Hobbes and Locke
o Humans are inherently evil
1st Semester
- Jean-Jacques Rousseau
o Individuals can come to a
consensus
o Individual rights are sacrificed for
collective rights
o Collective participation is needed to
uphold commonly-held values
Defining Citizenship
1. Identity
2. Social Behavior
Citizenship as an Identity
- Jus Sanguinis
o Right of blood or family
- Naturalization
o RA 9139 – applying for Philippine
citizenship
o For foreigners - to become Filipinos
o Requirements provided by the law
- Jus Soli
o Not applicable to the PH
o Article IV Section 5 (1987
Constitution)
- Benefits of Citizenship
o Freedom
o Rights
o Duties
- Duties in Citizenship
o According to the constitution:
 “All Filipinos are obliged to
defend his country with
arms when called upon by
the law”
o No other duties are included
Citizenship as a Social Behavior
- Entails responsible citizenship
o Beneficial attitudes and behaviors
that positively impact society
o Primary Objective:
 Protect and uphold four
components of the state
o Need to uphold state
 Citizen must participate
and engage in the political
arena
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PHILIPPINE POLITICS AND GOVERNANCE
Finals Exam Reviewer SY 2017-2018
 Citizen as a part of a
democratic society
o Political Participation
 Crux of democracy
 Gives meaning to rights
and responsibilities of its
citizens
o Citizens’ Involvement in Politics
 Ability to run and vote
 Education on social issues
 Critical analysis of
opinions
 Active participation in
political causes
 Awareness of rights and
responsibilities
 Responsible voting
POWER
- Ability to carry out a desired outcome
- Ability to influence others to do something
- Why Government Exercises Power:
o Ensure control of society
o Influence behavior of people
o Spur development
o Uphold government ideologies
Kinds of Power
1. Coercive Power
a. Done through violent means
b. “Do this or I’ll hurt you”
2. Reward Power
a. Done through promise of a prize
upon completion
b. “Do this and I’ll reward you with __”
3. Expert Power
a. Comes from extensive knowledge
on something
b. “Do this because I know better”
4. Legitimate Power
a. Comes from societal roles/statuses
b. “Do this because my place in
society dictates it”
5. Referent Power
a. Comes from the ability to attract or
gain followers (one’s influence)
b. “Do this because I’m popular”
History of Power
1st Semester
- Power is held by the rulers
- Considered a ‘God-given’ authority
Authority
- Right to exercise power in society
- Types of Authority:
o Charismatic Authority – based on
one’s personality and traits
 Involves a vision they want
to share with others
o Traditional Authority - based on
cultural or traditional customs
 Usually passed hereditarily
o Legal-Rational Authority – based on
a uniform set of principles
 Embodied in laws and
principles
Legitimacy
- Recognizing authority
- Done through:
o Customs and traditions
o Laws and regulations
o Other activities (ex. voting and
drafting a constitution)
National Power
- Power coming from various governmental
factors and instruments
o Ex. economy, military, population
- Evident through government officials’ actions
- Sovereignty as a form of national power
Power in Governance
- Manifestation of national power
- Power exercised by the government
1. Constitution-Given Powers
a. Police Power – use police to enforce
laws and ensure safety
b. Power of Eminent Domain – use
private property for public purposes;
in exchange for compensation
c. Power of Taxation – impose and collect
taxes from the citizens
2. Not Constitution-Given Powers
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PHILIPPINE POLITICS AND GOVERNANCE 1st Semester
Finals Exam Reviewer SY 2017-2018

a. Military Power – go against forms of

violent opposition (ex. waging war)
b. Economic Power – use resources to
influence particular outcomes
c. Psychological Power – use image and
reputation to influence outcomes

Power in Citizenship

- Bill of Rights (Article III, 1987 Constitution)

o Freedom of speech
- Need to acknowledge responsibility
o Disregarding it causes an inability
to enjoy citizenship

1. Formal Ways (w/ gov’t help)

a. Suffrage – a citizen’s right to vote
and run for office
b. Referendum – the citizens’ right to
approve laws and proposals
c. Plebiscite – the citizens’ right to
change the constitution
d. Initiative – a citizen’s right to
propose laws and const. changes
2. Non-Formal Ways (w/o gov’t help)
a. Advocacies – process of influencing
decisions or implementing changes
b. Popular Revolt – uprisings by
people against the government

Consequences of Power

- Accountability
o People’s need to acknowledge
responsibility for their actions
o Gauges expectations of people
from their leaders
- Abuse – government officials don’t fulfill
responsibility
o Authority – performing illegal acts
o Discretion – disregarding laws
o Power – unlawful actions in office

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