Week 3

SS HUM G112: PHILIPPINE

POLITICS AND GOVERNANCE

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 Ave Maria College
SENIOR HIGH SCHOOL DEPARTMENT
School ID No. 402686 Gov’t Permit No. 0059 s. 2015

SS HUM G112: PHILIPPINE POLITICS AND GOVERNANCE

To my students:

You are now on the third week of this course. Before you start working on the lessons for this week
make sure that you have submitted to your course facilitator the requirements of week 2.

For this week, you will learn lesson 7, 8, and 9. Read the learning materials below then answer
Weekly Exam 3 and do Activity 3.

At the end of this week, you should be able to:

 answer correctly at least 85% of the questions in the Weekly Exam and;
 present printed data that illustrate the Programs, Issues and the Controversies during
the incumbency of a president.

LESSON 7:
Article VII: Executive Department

A. The Role of the Philippine President in Relation to his/her Powers

Section 1

The executive power shall be vested in the President of the Philippines.

Section 2

No person may be elected President unless he is a natural-born citizen of the Philippines,

a registered voter, able to read and write, at least forty years of age on the day of the election,
and a resident of the Philippines for at least ten years immediately preceding such election.

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Section 3

There shall be a Vice-President who shall have the same qualifications and term of office
and be elected with and in the same manner as the President. He may be removed from office in
the same manner as the President. The Vice-President may be appointed as a Member of the
Cabinet. Such appointment requires no confirmation.

Section 4

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.

No Vice-President shall serve for more than two successive terms. Voluntary
renunciation of the office for any length of time shall not be considered as an interruption in the
continuity of the service for the full term for which he was elected. Unless otherwise provided by
law, the regular election for President and Vice-President shall be held on the second Monday of
May.

The returns of every election for President and Vice-President, duly certified by the board
of canvassers of each province or city, shall be transmitted to the Congress, directed to the
President of the Senate. Upon receipt of the certificates of canvass, the President of the Senate
shall, not later than thirty days after the day of the election, open all the certificates in the
presence of the Senate and the House of Representatives in joint public session, and the
Congress, upon determination of the authenticity and due execution thereof in the manner
provided by law, canvass the votes.

The person having the highest number of votes shall be proclaimed elected, but in case
two or more shall have an equal and highest number of votes, one of them shall forthwith be
chosen by the vote of a majority of all the Members of both Houses of the Congress, voting
separately.

The Congress shall promulgate its rules for the canvassing of the certificates.

The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the
election, returns, and qualifications of the President or Vice-President, and may promulgate its
rules for the purpose.

Section 5

Before they enter on the execution of their office, the President, the Vice-President, or the
Acting President shall take the following oath or affirmation: "I do solemnly swear (or affirm)
that I will faithfully and conscientiously fulfill my duties as President (or Vice-President or
Acting President) of the Philippines, preserve and defend its Constitution, execute its laws, do
justice to every man, and consecrate myself to the service of the Nation. So help me God." (In
case of affirmation, last sentence will be omitted.)

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Section 6

The President shall have an official residence. The salaries of the President and Vice-
President shall be determined by law and shall not be decreased during their tenure. No increase
in said compensation shall take effect until after the expiration of the term of the incumbent
during which such increase was approved. They shall not receive during their tenure any other
emolument from the Government or any other source.

Section 7

The President-elect and the Vice-President-elect shall assume office at the beginning of
their terms. If the President-elect fails to qualify, the Vice-President-elect shall act as President
until the President-elect shall have qualified.

If a President shall not have been chosen, the Vice-President-elect shall act as President
until a President shall have been chosen and qualified. If at the beginning of the term of the
President, the President-elect shall have died or shall have become permanently disabled, the
Vice-President-elect shall become President.

Where no President and Vice-President shall have been chosen or shall have qualified, or
where both shall have died or become permanently disabled, the President of the Senate or, in
case of his inability, the Speaker of the House of Representatives shall act as President until a
President or a Vice-President shall have been chosen and qualified.

The Congress shall, by law, provide for the manner in which one who is to act as
President shall be selected until a President or a Vice-President shall have qualified, in case of
death, permanent disability, or inability of the officials mentioned in the next preceding
paragraph.

Section 8

In case of death, permanent disability, removal from office, or resignation of the

President, the Vice-President shall become the President to serve the unexpired term. In case of
death, permanent disability, removal from office, or resignation of the President and Vice-
President, the President of the Senate or, in case of his inability, the speaker of the House of
Representatives, shall then act as President until the President or Vice-President shall have been
elected and qualified. The Congress shall, by law, provide who shall serve as President in case
president of death, permanent disability, or resignation of the Acting President. He shall serve
until the President or Vice-President shall have been elected and qualified, and be subject to the
same restrictions of powers and disqualifications as the Acting President.

Section 9

Whenever there is a vacancy in the Office of the Vice-President during the term for
which he was elected, the President shall nominate a Vice-President from among the Members of
the Senate and the House of Representatives who shall assume office upon confirmation by a
majority vote of all the Members of both Houses of the Congress, voting separately.

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Section 10
The Congress shall, at ten o'clock in the morning of the third day after the vacancy in the
offices of the President and Vice-President occurs, convene in accordance with its rules without
need of a call and within seven days enact a law calling for a special election to elect a President
and a Vice President to be held not earlier than forty-five days nor later than sixty days from the
time of such call. The bill calling such special election shall be deemed certified under paragraph
2, Section 26, Article VI of this Constitution and shall become law upon its approval on third
reading by the Congress. Appropriations for the special election shall be charged against any
current appropriations and shall be exempt from the requirements of paragraph 4, Section 25,
Article VI of this Constitution. The convening of the Congress cannot be suspended nor the
special election postponed. No special election shall be called if the vacancy occurs within
eighteen months before the date of the next presidential election.
Section 11
Whenever the President transmits, to the President of the Senate and the Speaker of the
House of Representatives his written declaration that he is unable to discharge the powers and
duties of his office, and until he transmits to them a written declaration to the contrary, such
powers and duties shall be discharged by the Vice-President as Acting President. Whenever a
majority of all the Members of the Cabinet transmit to the President of the Senate and to the
Speaker of the House of Representatives their written declaration that the President is unable to
discharge the powers and duties of his office, the Vice-President shall immediately assume the
powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President of the Senate and to the Speaker
of the House of Representatives his written declaration that no inability exists, he shall reassume
the powers and duties of his office. Meanwhile, should a majority of all the Members of the
Cabinet transmit within five days to the President of the Senate and to the Speaker of the House
of Representatives their written declaration that the President is unable to discharge the powers
and duties of his office, the Congress shall decide the issue. For that purpose, the Congress shall
convene, if it is not in session, within forty-eight hours, in accordance with its rules and without
need of call.
If the Congress, within ten days after receipt of the written declaration or, if not in
session, within twelve days after it is required to assemble, determines by a two-thirds vote of
both Houses, voting separately, that the President is unable to discharge the powers and duties of
his office, the Vice-President shall act as President; otherwise, the President shall continue
exercising the powers and duties of his office.
Section 12
In case of serious illness of the President, the public shall be informed of the state of his
health. The Members of the Cabinet in charge of national security and foreign relations and the
Chief of Staff of the Armed Forces of the Philippines, shall not be denied access to the President
during such illness.
Section 13
The President, Vice-President, the Members of the Cabinet, and their deputies or
assistants shall not, unless otherwise provided in this Constitution, hold any other office or
employment during their tenure. They shall not, during said tenure, directly or indirectly,
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 practice any other profession, participate in any business, or be financially interested in any
contract with, or in any franchise, or special privilege granted by the Government or any
subdivision, agency, or instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of
their office.
The spouse and relatives by consanguinity or affinity within the fourth civil degree of the
President shall not during his tenure be appointed as Members of the Constitutional
Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen or
heads of bureaus or offices, including government-owned or controlled corporations and their
subsidiaries.
Section 14
Appointments extended by an Acting President shall remain effective, unless revoked by
the elected President within ninety days from his assumption or resumptions’ of office.
Section 15
Two months immediately before the next presidential elections and up the end of his
term, a President or Acting President shall not make appointments, except temporary
appointments to executive positions when continued vacancies therein will prejudice public
service or endanger public safety.
Section 16
The President shall nominate and, with the consent of the Commission on Appointments,
appoint the heads of the executive departments, ambassadors, other public ministers and consuls,
or officers of the armed forces from the rank of colonel or naval captain, and other officers
whose appointments are vested in his in his Constitution. He shall also appoint all other officers
of the Government whose appointments are not otherwise provided for by law, and those whom
he may be authorized by law to appoint. The Congress may, by law, vest the appointment of
other officers lower in rank in the President alone, in the courts, or in the heads of departments,
agencies, commissions, or boards.
The President shall have the power to make appointments during the recess of the
Congress, whether voluntary or compulsory, but such appointments shall be effective only until
disapproval by the Commission on Appointments or until the next adjournment of the Congress.
Section 17
The President shall have control of all the executive departments, bureaus, and offices.
He shall ensure that the laws be faithfully executed.
Section 18
The President shall be the Commander-in-Chief of all armed forces of the Philippines and
whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless
violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires
it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas
corpus or place the Philippines or any part thereof under martial law. Within forty-eight hours
from the proclamation of martial law or the suspension of the privilege of the writ of habeas
corpus, the President shall submit a report in person or in writing to the Congress.
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 The Congress, voting jointly, by a vote of at least a majority of all its Members in regular
or special session, may revoke such proclamation or suspension, which revocation shall not be
set aside by the President. Upon the initiative of the President, the Congress may, in the same
manner, extend such proclamation or suspension for a period to be determined by the Congress,
if the invasion or rebellion shall persist and public safety requires it. The Congress, if not in
session, shall, within twenty-four hours following such proclamation or suspension, convene in
accordance with its rules without need of a call.
The Supreme Court may review, in an appropriate proceeding filed by any citizen, the
sufficiency of the factual basis of the proclamation of martial law or the suspension of the
privilege of the writ or the extension thereof, and must promulgate its decision thereon within
thirty days from its filing.
A state of martial law does not suspend the operation of the Constitution, nor supplant the
functioning of the civil courts or legislative assemblies, nor authorize the conferment of
jurisdiction on military courts and agencies over civilians where civil courts are able to function,
nor automatically suspend the privilege of the writ. The suspension of the privilege of the writ
shall apply only to persons judicially charged for rebellion or offenses inherent in or directly
connected with invasion. During the suspension of the privilege of the writ, any person thus
arrested or detained shall be judicially charged within three days, otherwise he shall be released.

Section 19
Except in cases of impeachment, or as otherwise provided in this Constitution, the
President may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after
conviction by final judgment. He shall also have the power to grant amnesty with the
concurrence of a majority of all the Members of the Congress.
Section 20
The President may contract or guarantee foreign loans on behalf of the Republic of the
Philippines with the prior concurrence of the Monetary Board, and subject to such limitations as
may be provided by law. The Monetary Board shall, within thirty days from the end of every
quarter of the calendar year, submit to the Congress a complete report of its decisions on
applications for loans to be contracted or guaranteed by the Government or government-owned
and controlled corporations which would have the effect of increasing the foreign debt, and
containing other matters as may be provided by law.
Section 21
No treaty or international agreement shall be valid and effective unless concurred in by at
least two-thirds of all the Members of the Senate.
Section 22
The President shall submit to the Congress within thirty days from the opening of every
regular session, as the basis of the general appropriations bill, a budget of expenditures and
sources of financing, including receipts from existing and proposed revenue measures.

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 Section 23
The President shall address the Congress at the opening of its regular session. He may
also appear before it at any other time.
B. Philippine Presidents during Contemporary Period (Fifth Republic)

1. Corazon Aquino

President Corazon Aquino has been regarded as an Icon of Philippine democracy. It

was during her term that the Philippines found its way back to democracy and
constitutionalism.

Her leadership directed redemocratization in the Philippines, that is, rebuilding of

democratic political institutions that were abolished during Marcos's time. It was under her
under administration that elections and other mechanisms for popular participation in
governmental affairs-including political in parties and the civil society-were restored.

Definitely, her administration focused on the transition from authoritarianism to

democracy. Apart from these, constitutionalism was also restored, wherein civilian authority
was held supreme over the military and the independent and coequal branches of the
government were created.

While Aquino's government was characterized by bargaining and compromise, there

were important legislations that were passed such as the Local Government Code of 1991
(discussed in module 9). She also dealt with the issues and charges of human rights
violations by the military during the Martial Law. Aquino, however, was not able to
prosecute involved military leaders because she needed their support for her administration
to succeed. Still, her administration was disrupted by about seven coup attempts an average
of one per year. That definitely is politically unstable.

Aquino also initiated bureaucratic reforms. Apart from devolution of powers as provided
by the Local Government Code of 1991, Regional Development Councils were created to
work on economic and social planning. Reforms for accountability and transparency of
public officials also took place. With regard to problems of counterinsurgency and peace
and order, Aquino addressed these through the creation of Autonomous Regions (the
Cordillera Administrative Region in 1987 and the Autonomous Region of Muslim
Mindanao in 1989) as provided by the 1987 Constitution.

Aquino also initiated bureaucratic reforms. Apart from devolution of powers as provided
by the Local Government Code of 1991, Regional Development Councils were created to
work on economic and social planning. Reforms for accountability and transparency of
public officials also took place. With regard to problems of counterinsurgency and peace
and order, Aquino addressed these through the creation of Autonomous Regions (the
Cordillera Administrative Region in 1987 and the Autonomous Region of Muslim
Mindanao in 1989) as provided by the 1987 Constitution.

Aquino's presidency was not without criticisms. While she vowed to work on corruption
and transparency, her administration would later on be criticized for it is her failure to

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 deliver basic services and allegations of Corruption among her wealthy and influential
relatives.

2. Fidel V. Ramos

President Fidel Ramos is known for his vision of Philippines 2000. His administration
opened the Philippine economy to foreign investors, prompting increased investments in the
country after Martial Law.

He consolidated the gains of redemocratization, whose foundations were laid by Aquino.

Among his ideals was the Philippines 2000, which focused on political continuity and strong
improvements in the economy. While skepticism about a possible declaration of martial law
grew during his time, he respected constitutionalism when he stepped down from the
presidency for the 1998 general elections.

Ramos dealt well with the members of the Philippine legislature through the rainbow
coalition strategy directed by then Speaker Jose de Venecia Jr. This strategy brought
together various political parties to support the legislative agenda of the president. Because
of this harmonious relationship, significant legislations were passed through the Legislative
Executive Development Advisory Council.

But Ramos's ability to deal well with the members of the Congress is not only attributed
to the strong political leadership of the Lakas-NUCD, but also to his strong political skills,
which he was able to develop as a former military general.

However, just like his predecessor, Ramos was seen to be weak in prosecuting military
rebels. While Ramos was credited for keeping the military within their constitutional limit,
his inability to punish military personnel who violated human rights exhibited his
dependence on this group as well. It was also in his administration that the
Rebolusyonaryong Alyansang.

Makabansa-Soldiers of the Filipino People-Young Officers' Union (RAM-SFP-YOU),

and the Moro National Liberation Front (MNLF) returned to the folds of law through peace
talks.

Regarding bureaucratic reforms, Ramos continued modernization and capacity-building

in the government. He also modernized the Armed Forces, the Commission on Elections,
the Department of Justice, and the Sandiganbayan. To address the problems on peace and
order, Ramos forged negotiations and peace agreements with rebel groups. If Aquino
projected in the international arena the image of Filipino people power and return to
democracy, Ramos pursued international relations with the Association of Southeast Asian
Nations (ASEAN), the Asia-Pacific Economic Cooperation (APEC), and the United Nations
(UN).

His administration was criticized for corruption, despite his efforts to promote
transparency and accountability in the government. He was accused of corruption in the
PEA-AMARI scam for favoring the said group in the Manila Bay reclamation deal, misuse
of funds in the Centennial Expo, and the conversion of the parts of the military base in Fort
Bonifacio to private or civilian use.

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3. Joseph E. Estrada

Joseph Estrada was a former movie star. He became known for his charisma and
appeal to the masses. However, because of plunder and corruption in the government, he
was deposed and was succeeded by his vice president.

Estrada was known as the President of the Masses. His campaign battle cry "Erap
para sa mahirap" brought hope to the masa (lower class people) who saw him as the
president who could relate to them. At the core of his government policies was addressing
the problems of poverty, criminality, and corruption. He wanted to further democratize
governance by being a roving president-holding offices in Visayas and in Mindanao. Aside
from continuing the democratic consolidation, Estrada gave cause for constitutionalism
when he answered questions against his administration during the impeachment complaint
he faced in 2000.

Unlike the previous president, Estrada did not have a good rapport with the members of
the 11th Congress. Later on, the House of Representatives, through Speaker Manuel Villar,
obtained the required signatures for Estrada's impeachment. Estrada also pleased and
displeased members of the military after suspending the modernization of the Armed Forces
and cutting its financial resources. He defended the move by saying that the government had
to tighten its budget. It was also during Estrada's administration when a total war against the
Muslim terrorists and secessionist groups was launched. Nonetheless, he prioritized reforms
in the law enforcement agencies and the judicial system to bring about peace and order.

Just like his predecessor who vowed to fight graft and corruption, Estrada failed to
address this systemic problem. In fact, his administration was rocked with issues of diversion
of funds and plunder. Ultimately, he was charged of four counts of corruption. He was
eventually deposed in 2001 when the Filipino people called for his resignation in the EDSA
People Power II.

1. Gloria Macapagal-Arroyo

A former member of the Congress, President Gloria Macapagal-Arroyo rose to power

in the EDSA People Power II when she, as vice president, assumed the country's top
governmental post after Estrada was ousted. In 2004, she was elected for a fresh presidential
term, where she served until 2010, amidst issues of massive electoral fraud against Fernando
Poe Jr. Her primary agenda was known as the Strong Republic.

Credited for bringing the trust of the international arena back to the Philippine
government, Arroyo continued democratic consolidation during the term of Estrada.
Legislative executive relations were definitely excellent during the time of Arroyo because
unlike her predecessor, she was more familiar and skillful in dealing with the members of the
Congress. While impeachment complaints were attempted due to the issue of massive
electoral fraud during the 2004 elections-infamously known as the "Hello Garci" scandal it
did not prosper as she was supported by her allies in the Congress.

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 Learning from the past experiences of the previous presidents and the Oakwood Mutiny
that challenged her administration, she appointed several retired military officers in her
administration while keeping a close watch over the military's needs so as not to disappoint
them.

In spite of bureaucratic reform during her administration, Arroyo was criticized for
appointing political allies to vital governmental offices. There also was a weak reform in
the justice system, the Commission on Elections, and the Bureau of Internal Revenue. While
she declared to fight graft and corruption in her first State of the Nation Address (SONA),
introduced several key strategies, and even established new anticorruption agencies during
her administration (following the onset of the Fertilizer Scam and the NBN-ZTE scandal),
questions about the effectiveness of these policies and institutions were raised. Arroyo faced
graft and corruption cases filed against her during the administration of President Benigno S.
Aquino III.

2. Benigno S. Aquino III

Benigno S. Aquino III's rise to power started when the people called for him to run as
president months after his mother, former President Corazon Aquino, died in 2009. In 2010,
he won the presidential election and became the 15th president of the country. Aquino began
his efforts to get rid of a corruption-laden government via the campaign slogan "Daang
Matuwid". His SONA focused on governance reform and anticorruption lection and
became the 15th president of the country.

Good governance reforms were established, including the reformation of procurement

and budgeting processes to ensure efficiency and to reduce opportunities for corruption.

While others believe that the impeachment of the late Chief Justice Renato Corona in
2011 was politically motivated him being an Arroyo appointee, the Aquino administration
believed it was part of the reform for accountability and restoration of integrity.

The Aquino administration's efforts to address systemic corruption have received

favorable commendations from both international and local organizations, which resulted in
the improvement of the country's performance on corruption and political stability. However,
the Priority Development Assistance Fund (PDAF) scam rocked the administration's efforts
toward "Daang Matuwid" and its promise of good governance, greater transparency, and
accountability.

In 2012, the Philippines experienced one of its highest economic growth rates. The first
quarter GDP of 2013 was at 7.8%, up from 6.8% in 2012 and 3.6% in 2011. Fitch Ratings,
Standard and Poor's, and Japan Credit Rating Agency have also rated the Philippines at the
investment grade level. Similarly, the World Economic Forum ranked the Philippines 65th in
the Global Competitiveness Index, up from 85th in 2010.

As in the previous administrations, Aquino was challenged by the search for an enduring
solution to the peace problem in the country. In October 2012, the government and the Moro
Islamic Liberation Front (MILF) signed a peace agreement. The agreement served as the
framework agreement that would create an autonomous political entity called Bangsamoro,
which will replace the Autonomous Region in Muslim Mindanao (ARMM).

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 The bill, called the Bangsamoro Basic Law, that would have established this political
entity was not passed because it was met with strong of public opposition after the
Mamasapano incident in Maguindanao, where 44 PNP Special Action Force and wrong
decisions committed by commandos were killed after a "misencounter" with leaders in the
past the Moro rebels.

Aquino's administration also saw a reform in the education sector after the Enhanced
Basic Education Act of 2013 was signed. The law institutionalized the K to 12 Basic
Education Program, an expanded curriculum which aimed to decongest the previous basic
education program, and make it at par with regional and international standards. Despite the
aims or the reform, several groups pointed out that the government should have addressed
first the lack of classrooms, textbooks, and other resources instead of adding two years in the
basic education.

Finally, the Aquino administration has also been very outspoken in defending the
country's sovereignty and territorial integrity in the West Philippine Sea, after China's claims
in sovereign rights. In January 2013, the government initiated arbitral proceedings under the
United Nations Convention on the Law of the Sea.

Ultimately, on 12 July 2016, the Philippines won the arbitration case against China over
the West Philippine Sea after the United Nations Arbitral Tribunal ruled China's "nine-dash
line" claim invalid.

3. Rodrigo R. Duterte

Before being elected as president, Rodrigo Duterte was the longest-serving mayor of
Davao City for a total of seven terms.

Running with the campaign slogan "Change is Coming"-primarily with a platform of

having a corruption-free government and crime- and drug-free society-Duterte won as
president with a total of 16 601 997 votes or 39% of the total votes cast in the May 2016
elections.

In his promise to stamp out corruption and criminality, he said: "I will be strict. I will be
a dictator, no doubt it; but only against forces of evil-criminality, drugs, and corruption in
government." Having successfully rallied the campaign under these themes, Duterte,
however, has been criticized for the absence of a coherent socioeconomic policy during this
period. Known for his inflammatory comments, he has also long been besieged by
allegations of ties to death squads, extrajudicial killings, and human rights violations.

Based on the eight-point economic agenda of Duterte released on 12 May 2016, the
administration is set to continue the previous administration's policies. The following are the
targets:

1. Continue and maintain the current macroeconomic policies. Reforms in tax revenue
collection efforts will be complemented by reforms within the bureaucracy of tax
collecting agencies.
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 2. Accelerate spending on infrastructure by addressing major bottlenecks, and maintain
the target of setting aside 5% of the country's gross domestic product (GDP) to
infrastructure spending. Ensure attractiveness of the Philippines to foreign investors,
and enhancing competitiveness in doing business in the country. This also means
reducing crime to attract investors, and increase security of businessmen and
consumers.

3. Provide support services to small farmers to increase productivity and improve market
access. Provide irrigation and better support services to farmers. Promote tourism in
the rural areas.

4. Address bottlenecks in our land administration and management system.

5. Strengthen basic education system, and provide scholarships for tertiary education,
which are relevant to private employers' needs.

6. Improve tax system by indexing tax collection to inflation rate, "to enable those who
earn a little to have more in their pockets."

7. Expand and improve implementation of the conditional cash transfer (CCT) program.

In his first SONA delivered at the opening of the 17th Congress, Duterte focused as well
on his campaigns for good governance, peace and order, women's rights, and transparency.
Moreover, the president has been very vocal about the administration's war against drugs
despite having been heavily criticized for the killings associated with his campaign.

KEEP IN MIND:

You have learned in this module the nature of executive power. It is the
power of the executive branch to implement the laws created by the legislature.
Under Article VII, Section 1 of the 1987 Constitution, executive power is
vested in the President of the Philippines. The constitution provides
qualifications and prohibitions to the president, but equally important are the political skills and
the political will needed in addressing key issues in the government-from social welfare,
economic development, public accountability, transparency, to good governance, among many
others.

The Philippine president is challenged by the culture of patronage and the use of
popularity appeal rather than programs-based stance and reforms. The extent to which the
succeeding presidents address these issues determines the strength of their administrations and
the type of legacies they will leave the Filipino people.

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LESSON 8:
Article VIII: Judicial Department

A. The Role and Responsibilities of the Philippine Judiciary

 The judicial power shall be vested in one Supreme Court and in such lower
Section 1: courts as may be established by law. Judicial power includes the duty of the
courts of justice to settle actual controversies involving rights, which are
legally demandable and enforceable, and to determine whether or not there
has been a grave abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or instrumentality of the Government.
 The Congress shall have the power to define, prescribe, and apportion the
Section 2: jurisdiction of the various courts but may not deprive the Supreme Court of
its jurisdiction over cases enumerated in Section 5 hereof. No law shall be
passed reorganizing the Judiciary when it undermines the security of tenure
of its Members

Section 3:  The Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary
may not be reduced by the legislature below the amount appropriated for the
previous year and, after approval, shall be automatically and regularly
released.
Section 4:  The Supreme Court shall be composed of a Chief Justice and fourteen
Associate Justices. It may sit en banc or, in its discretion, in divisions of
three, five, or seven Members. Any vacancy shall be filled within ninety days
from the occurrence thereof.

 All cases involving the constitutionality of a treaty, international or executive

agreement, or law, which shall be heard by the Supreme Court en banc, and
all other cases which under the Rules of Court are required to be heard en
banc, including those involving the constitutionality, application, or
operation of presidential decrees, proclamations, orders, instructions,
ordinances, and other regulations, shall be decided with the concurrence of a
majority of the Members who actually took part in the deliberations on the
issues in the case and voted thereon.

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  Cases or matter heard by a division shall be decided or resolved with the
concurrence of a majority of the Members who actually took part in the
deliberations on the issues in the case and voted thereon, and in no case,
without the concurrence of at least three of such Members. When the
required number is not obtained, the case shall be decided en banc: Provided,
that no doctrine or principle of law laid down by the court in a decision
rendered en banc or in division may be modified or reversed except by the
court sitting en banc.
Section 5: The Supreme Court shall have the following powers:
 Exercise original jurisdiction over cases affecting ambassadors, other public
ministers and consuls, and over petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas corpus.
 Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law
or the Rules of Court may provide, final judgments and orders of lower
courts in.
a. All cases in which the constitutionality or validity of any treaty,
international or executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance, or regulation is in question.
b. All cases involving the legality of any tax, impost, assessment, or toll, or
any penalty imposed in relation thereto.
c. All cases in which the jurisdiction of any lower court is in issue.
d. All criminal cases in which the penalty imposed is reclusion perpetua or
higher.
e. All cases in which only an error or question of law is involved.
 Assign temporarily judges of lower courts to other stations or public interest
may require. Such temporary assignment shall not exceed six months without
the consent of the judge concerned.
1. Order a change of venue or place of trial to avoid a miscarriage of
justice.
2. Promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all courts, the
admission to the practice of law, the Integrated Bar, and legal assistance
to the underprivileged Such rules shall provide a simplified and
inexpensive procedure for the speedy disposition of cases, shall be
uniform for all courts of the same grade, and shall not diminish,
increase, or modify substantive rights. Rules of procedure of special
courts and quasi-judicial bodies shall remain effective unless
disapproved by the Supreme Court.
3. Appoint all officials and employees of the Judiciary in accordance with
the Civil Service Law.
Section 6:  The Supreme Court shall have administrative supervision over all courts and
the personnel thereof

Section 7:  No person shall be appointed Member of the Supreme Court or any lower
collegiate court unless he is a natural-born citizen of the Philippines. A
Member of the Supreme Court must be at least forty years of age, and must
have been for fifteen years or more a judge of a lower court or engaged in the
practice of law in the Philippines.

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  The Congress shall prescribe the qualifications of judges of lower courts, but
no person may be appointed judge thereof unless he is a citizen of the
Philippines and a member of the Philippine Bar.
 A Member of the Judiciary must be a person of proven competence,
integrity, probity, and independence.
Section 8:  A Judicial and Bar Council is hereby created under the supervision of the
Supreme Court composed of the Chief Justice as ex officio Chairman, the
Secretary of Justice, and a representative of the Congress as ex officio
Members, a representative of the Integrated Bar, a professor of law, a retired
Member of the Supreme Court, and a representative of the private sector.

 The regular members of the Council shall be appointed by the President for a
term of four years with the consent of the Commission on Appointments. Of
the Members first appointed, the representative the retired Justice for two
years, and the representative of the private sector for one year.

 The Clerk of the Supreme Court shall be the Secretary ex officio of the
Council and shall keep a record of its proceedings.

 The regular Members of the Council shall receive such emoluments as may
be determined by the Supreme Court. The Supreme Court shall provide in its
annual budget the appropriations for the Council.

 The Council shall have the principal function of recommending appointees to

the Judiciary. It may exercise such other functions and duties as the Supreme
Court may assign to it.
Section 9  The Members of the Supreme Court and judges of lower courts shall be
appointed by the President from a list of at least three nominees prepared by
the Judicial and Bar Council for every vacancy. Such appointments need no
confirmation. For the lower courts, the President shall issue the appointments
within ninety days from the submission of the list.
Section 10  The salary of the Chief Justice and of the Associate Justices of the Supreme
Court, and of judges of lower courts shall be fixed by law. During their
continuance in office, their salary shall not be decreased.

Section 11  The Members of the Supreme Court and judges of lower courts shall hold
office during good behavior until they reach the age of seventy years or
become incapacitated to discharge the duties of their office. The Supreme
Court en banc shall have the power to discipline judges of lower courts, or
order their dismissal by a vote of a majority of the Members who actually
took part in the deliberations on the issues in the case and voted thereon.
Section 12  The Members of the Supreme Court and of other courts established by law
shall not be designated to any agency performing quasi-judicial or
administrative functions
Section 13  The conclusions of the Supreme Court in any case submitted to it for
decision en banc or in division shall be reached in consultation before the
case is assigned to a Member for the writing of the opinion of the Court. A
certification to this effect signed by the Chief Justice shall be issued and a
65
 copy thereof attached to the record of the case and served upon the parties.
Any Member who took no part, or dissented, or abstained from a decision or
resolution must state the reason therefor. The same requirements shall be.
 No decision shall observed by all lower collegiate courts.
Section 14  Be rendered by any court without expressing therein clearly and distinctly
the facts and the law on which it is based.

 No petition for review or motion for reconsideration of a decision of the

court shall be refused due course or denied without stating the legal basis
therefor.
Section 15  All cases or matters filed after the effectivity of this Constitution must be
decided or resolved within twenty-four months from date of submission for
the Supreme Court, and, unless reduced by the Supreme Court, twelve
months for all lower collegiate courts, and three months for all other lower
courts.

 A case or matter shall be deemed submitted for decision or resolution upon

the filing of the last pleading, brief, or memorandum required by the Rules of
Court or by the court itself.

 Upon the expiration of the corresponding period, a certification to this effect

signed by the Chief Justice or the presiding judge shall forthwith be issued
and a copy thereof attached to the record of the case or matter, and served
upon the parties. The certification shall state why a decision or resolution has
not been rendered or issued within said period.

 Despite the expiration of the applicable mandatory period, the court, without
prejudice to such responsibility as may have been incurred in consequence
thereof, shall decide or resolve the case or matter submitted thereto for
determination, without further delay.
Section 16  The Supreme Court shall, within thirty days from the opening of each regular
session of the Congress, submit to the President and the Congress an annual
report on the operations and activities of the Judiciary

KEEP IN MIND:

In post- Martial Law Period, the Philippine Judiciary was established as independent
branch of the government, protected from influence by any instrumentality, agency, or
individual. This remains to be an immense challenge even at present. As the bulwark of liberty,
the independence of the judiciary must at all times be protected. It protects the people from an
oppressive individual or government. The prospect of judicial reform has not only been a
concern of the institutions of the government. The stakeholders- including the citizens, business
or private sector, and even international governmental and nongovernmental organizations have
roles to play in this agenda.

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LESSON 9:
IX Decentralization and Local Government

In unitary systems, the national or the central government is given substantial control and power
over the affairs or directions of the country. Unlike the federal systems where the local government and
central government are supreme in their own spheres, unitary systems (like the Philippines) let the
national government decide for the country. In this system, all laws or polices are expected to come
from the central government are trickled down to the local level. Just like the national government, the
local governments are likewise divided into three branches—the executive, legislative, and judicial.
However the Supreme Court has control over the local courts, while the Local Government Units
(LGUs) have executive and legislative powers.
A. Decentralization, Democratization, and Governance

The process that involves the transfer of planning, decision0making, or administrative

authority from the central government to its field organizations, local government, or
nongovernmental organizations is known as decentralization. There are four major forms of
decentralization.
1. Deconcentration- It involves the redistribution of administrative responsibilities within
the central government. An example of this is the shifting of workload from the central
government agency to its own field staff outside the national capital.
2. Delegation to semi-autonomous or parastatal organizations- It involves the
delegation of decision-making and management authority for specific functions to
bodies that are not under the direct control of the central government. Examples of these
bodies are public corporations, and regional planning and area development authorities.
3. Devolution- It involves the process by which the central government relinquishes
certain functions to local government units. It thus seeks to strengthen or create
independent levels or units of government. It is an arrangement where there are
reciprocal, mutually beneficial, and coordinated relationships between central and local
governments.
4. Transfer of functions from government to nongovernment institutions- It involes
the transfer of planning and administrative powers or functions to voluntary, private, or
nongovernmental institutions.
Decentralization and Democratization reinforce each other. Decentralization enhances
local participation and therefore strengthens democracy. Decentralization can only take place
within democratic processes and it requires for local government systems to have good
management and democratic accountability. Under the 1986 Constitution, the structure and role
of the Philippine government is guided by the principle of decentralization.
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B. Local Government Units in the Philippines
Historical Overview

Devolution is not new to the Philippines. Even before the coming of the Spaniards,
almost everything was localized. The barangay, the most basic unit, was comprised of about 30
to 100 households. The datu rules the barangay and exercised governmental powers. The
barangays would later be on be incorporated into the Spanish Colonial regime. These indigenous
and autonomous political institutions have not attained a level of organization beyond the kinship
principle.

68
 It was during the time of the Spaniards that a centralized system of governance was
introduced. The barangay or the barrio was retained as the most basic administrative unit while
other tiers were created, pueblos (municipalities), cabildos/ayuntamiento (cities), and provincias
(provinces). The governor-general was supreme over all affairs including local ones. While the
Maura Law of 1893 gave greater autonomy to towns and provinces in Luzon and Visayas, its
effects were not felt because of the Revolution that broke in 1896. Nonetheless, the Spanish
occupation had its influence on the development of local governments—the most important of
which was the high degree of centralization in Manila, which thereafter characterized central-
local relations. During the Malolos Republic, local governments were also created under the
Malolos Constitution. Among the important provisions of the said constitution were the creation
of municipal and provincial assembles autonomous local units, and popular and direct elections.
However, these did not function as expected due to the continuing revolution.

The coming of the Americans saw changes in the structure of local governance. The
Americans promulgated a number of policies recognizing local autonomy, emphasized local self-
government with the objective of building democracy from below, and introduced municipal and
provincial elections. The new colonizers, however, moved toward greater centralization to
prevent the negative effects of unrestricted Filipino rule by maintaining a highly centralized
politico-administrative structure. Thus, Manila became not just the political, but the economic
and cultural center as well. However, the bureaucracy created by the Americans was weak,
which reinforced the decentralized nature of the Philippines. After all, the American rule focused
more on the creation of representative institutions rather than on the creation of a central
bureaucracy. It was only during the 1934-1935 constitutional convention that centralization
became a key governmental policy. Formal centralization continued during the Japanese
occupation and an even greater degree of central control on the local governments was imposed.
The Japanese collaborators imposed authority on the local governments.

The postwar period (1946-1972) saw a trend on decentralization. Significant legislations

were passed including Republic Act (RA) 2264 (Local Autonomy Act)), RA 2370 (The Barrio
Charter), and RA 5185 (The Decentralization Act of 1967), among many others. While instances
of decentralization existed in the Martial Law period, these were mere extensions of central
governmental power. Martial Law and the strength of the military paved the way for a
centralized system under a dictatorship.

The post-1986 period saw the move towards greater decentralization. The 1987
Constitution (Article II, Section 25) provided that “the state shall ensure the autonomy of local
government.”

Article X of the present constitution is devoted to the general provisions of local

governments in the Philippines. It provided for the creation of the Autonomous Region in
Muslim Mindanao (ARMM) and the Cordillera Administrative Region (CAR). Moreover, LGUs
were given the power to create their own sources of revenue and to levy taxes and charges
(Section 5). LGUs shall also be provided with a just share from the national taxes (Section 6) and
shall have an equitable share in the proceeds of the utilization and development of national
wealth within their respective areas (Section 7). The provisions in the constitution gave rise to
the enactment of RA 6766 and RA 6734, which created the CAR and the ARMM, respectively;
and RA 7160 or the Local Government Code of 1991.

69
 C. The Structure of Local Government
The Local Government Code of 1991 brought about significant changes, among which
are the devolution of basic services, facilities, and regulatory powers; and the enhancement of
governmental and corporate powers. The provinces, cities, municipalities, and barangays enoy
autonomy—specifically on local affairs—but the president of the country exercises general
supervision over these local government units (Article X, Section 4). The structure of local
government is illustrated below

National Government

Province Highly Urbanized City

Municipality Component City

Barangay Barangay Barangay

The Structure of local government (Atienza 2006)

The 1991 Local Govvernment Code decentralized functions and responsibilities to local
government units. The four major roles are:

1. Efficient service delivery

2. Management of the environment
3. Economic development
4. Poverty alleviation
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 D. Criteria for the Creation of LGU
Artivle X, Section 10 of the present constitution specifically provides that “no province,
city, municipality, or barangay may be created, divided, merged, abolished, or its boundary
substantially altered, except in accordance with the criteria established in the local government
code and subject to approval by a majority of the votes cast in the plebiscite in the political units
directly affected.” Under the Local Government Code of 1991, the following are the criteria for
LGU creation.
Criteria for the Creation of Local Government Units

LGU Income Population Land Area

Barangay 2000
5000 for Metro Manila
and other metropolitan
political subdivisions

Municipality Php.2.5 million 25 000 50 sq.km

City Php.20 million 150 000 100 sq.km

Highly Urbanized City Php.50 million 200 000

Province Php.20 million 250 000 2 000 sq.km

Local Government Code of 1981; Atienza (2006)

Impacts of Devolution
According to Atienza (2006) devolution paved the way to further democratization and
had important impacts on the way politics is practiced in the country. She contended that
democratization and the progress made by the civil society became a counterweight to traditional
Philippines politics. She noted the following observations:

 Some LGUs have become entrepreneurial.

 LGUs have become sources of innovations in local governance.
 E-governance has brought opportunities for improved welfare delivery and development.
 LGUs have become more assertive.
 LLGU-NGO partnerships have become stronger.

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 KEEP IN MIND:
The national government consists of the machinery of the central government (as
discussed in the previous modules), as differentiated from the local governments,
which are political subdivisions that have substantial control over local affairs. Each
local government unit has a set of locally elected and appointed officers, their
functions being mandated by the 1991 Local Government Code. The post- 1986
period aimed at strengthening local governments for self-governance and
sufficiency given the fact that people are closer to their local governments tan to the central
government. The idea of decentralization lies in the simple logic that local governments are expected to
better address issues since they can easily determine the problems of their constituents. However,
decentralization – specifically devolution- has its fair share of success and failures. While it has led to
significant improvements, the prospect of decentralization in the country is still confronted with issues
and challenges. Local governments may be able to identify problems. Nonetheless, the future of
decentralization is determined by a number of factors including, but not limited to, the context of
globalization, civil, society, popular participation, and central-local relations.

List of References
Books:
De Leon,Hestor S. & De Leon, Hector. Jr. (2011). Textbook on the Philippine Constitution. REX
Printing Company,INC. Florentino St., Quezon City, Philippines.

Pulma, Dr. E Tubajen, Dr. R. . (2016). Philippine Politics and Governance.JFS Publishing Services.
Pasay City, Philippines

Villanueva, Prince Aian. (2016) Philippine Politics and Governance. DIWA Learning System INC.
Legaspi Village, 1229 Makati City, Philippines.

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 Ave Maria College
SENIOR HIGH SCHOOL DEPARTMENT
School ID No. 402686’Gov’t Permit No. 0059 s. 2015

Weekly Exam 3- Executive, Judicial, and 5th Republic Presidents

NAME: ______________________________________ DATE: ____________________

PROGRAM & YEAR __________________________ SCORE: ___________________

I. Instruction: Write your answer on the space provided before each number.

1. Rose to power in the EDSA People Power II when she, as vice president,
assumed the country’s top governmental post after Estrada was ousted.

2. He was the president when the Mamasapano incident in Maguindanao,

where 44 PNP SAF commandos were killed after a “misencounter” with
the Moro rebels, occurred.

3. It involves the redistribution of administrative responsibilities within the

central government.

4. It involves the process by which the central government relinquishes

certain functions to local government units.

5. He dealt well with the members of the Philippine legislature through the
rainbow coalition strategy directed by then Speaker Jose de Venecia Jr.

6. Defined as the power to implement laws in one country.

7. Number of years a president serves his/her term.

8. Former movie star. He became known for his charisma and appeal to the
masses.

9. The Commander-in-Chief of the AFP.

10. The Vice-President can serve for a maximum of ____ years.

II. Instruction: Write the items asked below.

Functions of the President Functions of the Vice-President

1. 1.
2. 2.
3. 3.
4.
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 5.
6.
7.

III. Instruction: Answer the following questions.

1. How does executive power differ from legislative and Judicial power?
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________

2. What is Judiciary?
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
____________________________________________________________________
___________________________________________________________________

3. Why should the independence of the judicial branch of the government be maintained and
protected?
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
____________________________________________________________________
___________________________________________________________________

4. What is decentralization?
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________

5. How did past experiences of the country influence the course of decentralization in the
Philippines at present?
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________

74
 Ave Maria College
SENIOR HIGH SCHOOL DEPARTMENT
School ID No. 402686’Gov’t Permit No. 0059 s. 2015

Activity 3: Data Retrieval Sheet

NAME: ______________________________________ DATE: ____________________

PROGRAM & YEAR __________________________ SCORE: ___________________

Instruction:
Fill –in the Data Retrieval Sheet (DRS), which illustrate the Programs, Issues and the Controversies
during the incumbency of the said president.

President Program Issues and Controversies

Joseph Estrada

Gloria Macapagal- Arroyo

Benigno C. Aquino III

Rodrigo Roa Duterte

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Instruction:

Based on your understanding from the lesson, what can you say about the statement below?

If you were the President, which among the given powers you will prioritize?

My Reflection:

_________________________________________________________________________________
___
_________________________________________________________________________________
___
_________________________________________________________________________________
___
_________________________________________________________________________________
___
_________________________________________________________________________________
___
_________________________________________________________________________________
___
_________________________________________________________________________________
___
_________________________________________________________________________________
___
_________________________________________________________________________________
___
_________________________________________________________________________________
___
_________________________________________________________________________________
___

REMINDER:

Keep all your outputs in your Portfolio and then make sure to submit them to your
course facilitator before you proceed to Week 4.

Keep going…

End of Week 3 76