Professional Documents
Culture Documents
PAT Module 2
PAT Module 2
PAT Module 2
Module 2
STRUCTURE OF THE PHILIPPINE ADMINISTRATIVE SYSTEM
LEARNING GUIDE
A. Learning Objectives:
At the end of the topic, you (student) can:
1. Familiarize and examine the three branches of the Philippine government.
2. Review the role played by each department/branch in the Philippine administrative
system, analyze how they interact with each other and how this interaction affect the
system.
3. Enumerate the Constitutional Commissions in the country and define their function in
the Philippine administrative system.
4. Recognize the structure of the Philippine’s local government unit and explain its
unique role and function in the Philippine administrative system.
C. Learning Assessment/Evaluation:
Your performance shall be assessed/evaluated as follows:
1. Classroom attendance during synchronous class will serve as your classroom
participation. It is accumulated and represents 20% of your final grade.
2. An Oral Recitation will be given at the end of the module which serves as 20% of your
accumulated grades.
TABLE OF TOPICS:
I. EXECUTIVE DEPARTMENT
Possess the rule implementation function.
his/her alter egos, other subordinate officers and the rest of the
employees in the career service.
4. Power of Supervision
o The President exercise general supervision over local governments but
cannot alter or modify nor set aside what a local executive had done in
the performance of his/her judgement.
o Exercise through the Department of the Interior and Local Government.
5. Military Power
o As Commander-in-Chief of the Armed Forces of the Philippines (AFP),
exercises the following powers:
Can call out the armed forces to prevent or suppress lawless
violence, invasion or rebellion;
Suspend the writ of habeas corpus for a period not exceeding 60
days in case of invasion or rebellion, when public safety so
requires or place the Philippines or any part thereof under martial
law.
o Exercised through the Department of National Defense.
6. Power of Executive Clemency
Power to grant reprieves, commutations, and pardons, and remit fines
and forfeitures after conviction by final judgement, except when he/she is
under impeachment.
Four (4) kinds of Clemency:
Remission of fines and forfeitures. Refers to the condoning the
financial obligation and the return of properties confiscated by
reason of offense or conviction of the offender.
Reprieve. A temporary relief from or postponement of the
execution of criminal punishment or sentence.
Commutation. A type of executive clemency that changes a
punishment to one which is less severe, for instance life
imprisonment instead of death sentence.
Pardon. An act of grace that sets aside punishment for a crime or
an offense.
7. Diplomatic or Foreign Relations Power
The President, as the Chief Diplomatic Officer of the country, exercises
the following powers:
Power to recognized newly-established government or state;
Power to send and receive diplomatic missions;
Power to deport undesirable aliens; and
Power to enter treaty or international agreement, subject to
ratifications by 2/3 of the Senate; and
Power to contract or guarantee foreign loans on behalf of the
Republic of the Philippines with prior concurrence of the Monetary
Board.
8. Budgetary Power
The President is mandated to submit to Congress within thirty days from
the opening of the regular session, as basis of the General Appropriation
Bill, a budget of expenditures and sources of financing, including receipts
from existing and proposed revenue measures.
Republic of the Philippines
MARINDUQUE STATE COLLEGE
INSTITUTE OF GOVERNANCE
AND PUBLIC AFFAIRS
Tanza, Boac, Marinduque
1. Legislative Power
The power to make, amend or even repeal laws.
Vested in the Congress of the Philippines per Article VI, Section 1, 1987
Constitution, except to the extent reserved to the people by the
provisions on initiative and referendum.
2. Composition of Philippine Congress
A bicameral legislature consists of two chambers:
o Upper House – Senate
o Lower House – House of Representative
a. Senate
Consists of 24 Senators elected at large; 12 Senators are elected
every 3 years
With term of six years or not more than two consecutive terms.
b. House of Representatives
Compose of not more that 250 members, unless otherwise fixed by
law.
Members are elected from legislative districts and through a
party-list system.
With a term of three years and are limited in serving a maximum of
three consecutive terms.
Seats are apportioned according to number of inhabitants and are
reapportioned within three years following the return of every
census.
One representative for every city/province with at least 250,000
population.
Per Article VI, Section 5, 1987 Constitution, out of the total number
of members, 20% shall come from Party-List (PL) representatives.
Republic Act 7941, Party-List System Act provides proportional
representation in the election of Representatives, entitled them to
a seat proportional to the number of votes they receive in the
party-list election, of not more that 3 seats.
c. Legislative Privileges/Parliamentary Immunities
1. Privilege from arrest
Shall, in all offenses punishable by no more than six years
imprisonment, be privileged from arrest, while the Congress is in
Session.
But not exempt from detention for crimes punishable by a penalty of
more than six years.
2. Privilege of Speech and Debate
No member shall be questioned nor be held liable in any other place for
any speech or debate in the Congress or in any commitment thereof.
d. Powers of the Congress
1. General Legislative Power
Consists of laws intended to serve as rule of conduct in governing
relations between individuals or between individuals and the state.
Example: civil laws, commercial laws, criminal laws, political laws
Republic of the Philippines
MARINDUQUE STATE COLLEGE
INSTITUTE OF GOVERNANCE
AND PUBLIC AFFAIRS
Tanza, Boac, Marinduque
2. Implied Powers
Are essential to the effective exercise of other powers granted by the
Constitution to Congress.
The power to conduct inquiry in aid of legislation, through its Blue
Ribbon Committee, is within the ambit of the implied power of
Congress.
3. Inherent Powers
Powers which though not expressly given are nonetheless exercises
by the Congress as they are necessary for its existence such as:
o To determine the rules of proceedings;
o To compel attendance of absent members to obtain quorum to
do business, and;
o To keep journal of its proceedings.
4. Specific Legislative Powers
Those which the fundamental law expressly and specifically directs to
perform or execute, such as:
o Power to appropriate through the passage of the General
Appropriation Act;
o Power to act as constituent assembly or introduce
amendments to the fundamental law by a vote of three-fourths
of all its members;
o Power to impeach, to be initiated by the House of
Representatives;
o Power to confirm treaties by two-thirds vote of all senators;
o Power to declare the existence of war by 2/3 vote from both
houses in joint session voting separately;
o Power to concur amnesty; and
o Power to act as board of canvasser for presidential/vice-
presidential votes.
5. Executive Power
Appointment of its officers;
Affirming treaties by two-thirds vote of the members of Senate;
Confirming presidential appointees through the Commission on
Appointments; and
Removal power.
6. Supervisory Power
Exercise considerable control and supervision over the administrative
branch, such as:
o To decide the creation of a department/agency/office;
o To define powers and duties of officers;
o To appropriate funds for governmental operations; and
o To prescribe rules and procedures to be followed.
7. Electoral Power
Elect its presiding officer/s and other officers of the House;
Act as board of canvassers for the canvass of presidential/vice-
presidential votes; and
Elect the President in case of any electoral tie to the said post.
8. Judicial Power
Republic of the Philippines
MARINDUQUE STATE COLLEGE
INSTITUTE OF GOVERNANCE
AND PUBLIC AFFAIRS
Tanza, Boac, Marinduque
a. Judicial Power
Includes the duty of 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.
Vested in the Supreme Court and other lower courts as may be established
by law.
b. Supreme Court
The highest court and the court of last resort.
Enjoys fiscal autonomy
Ensures proper interpretation of laws by defining the rules and
procedures of the Judiciary through the Rules of court of the Philippines
and rules and regulations it issues.
c. Functions, divided into two categories:
1. Administrative Function
Supervision and control over the judicial branch of the government
and its employees, as well as the members of the Philippine bar;
Empowered to order change the venue of trial to avoid miscarriage of
justice and appoint all members of the Judiciary;
Republic of the Philippines
MARINDUQUE STATE COLLEGE
INSTITUTE OF GOVERNANCE
AND PUBLIC AFFAIRS
Tanza, Boac, Marinduque
To promulgate rules for the admission into the practice of law, for
legal assistance to the underprivileged, and the procedural rules to
be observed in all courts throughout the country.
2. Judicial Function
Settlement of actual controversies involving rights which are legally
demandable and enforceable; and
Judicial Review or the power of the Supreme Court to inquire into the
constitutionality of the acts of both the executive and legislative
branches of the government.
d. The Philippine Judicial System
Composed of the following:
1. Higher Court – Supreme Court
2. Lower Court:
a. Municipal Trial Courts and Municipal Circuit Trial Courts;
b. Metropolitan Trial Courts and Municipal Trial Courts in cities;
c. Regional Trial Court;
d. Sharia’s Courts; (Muslim Code on Personal Laws are enforced)
e. Court of Tax Appeals;
f. Sandiganbayan; and
g. Court of Appeals.
a. Why Independent?
1. Are constitutionally created, thus cannot be abolished by law (Sec. 1)
2. Have independent powers of appointment (Sec 4)
3. Each Commission may promulgate its own procedural rules (Sec. 6)
4. They also possess fiscal autonomy (Sec. 5)
5. Salaries may not be diminished during their office (Sec. 3)
6. Commissioners have fixed term.
7. Commissioners are removable only by impeachment.
b. Prohibitions:
1. To hold any other office or employment.
2. To engage in the practice of any profession.
3. To engage in the active management or control of any business.
4. To be financially interested in any contract with, or in any franchise granted
by the government or any subdivisions.
c. Salaries:
Salaries are fixed by law and shall not be decreased during their tenure.
Decrease in salaries only effect those members appointed after increase.
Incumbent members do not lose any salary.
Increase take effect immediately.
Republic of the Philippines
MARINDUQUE STATE COLLEGE
INSTITUTE OF GOVERNANCE
AND PUBLIC AFFAIRS
Tanza, Boac, Marinduque
d. Rule of Procedure:
1. Rules: The Commissions may promulgate its own rules EN BANC (collective
decision)
2. Limitation: It shall not: Diminish, Increase, or Modify substantive rights.
e. Decision-Making:
1. Each Commission shall decide matter or case by a majority vote of all the
members within 60 days from submission.
2. As COLLEGIAL BODIES, each commission must act as one, and no one
member can decide a case for the entire commission. Which means that the
Chairman cannot ratify a decision which would otherwise have been void.
f. Appeals:
1. Decisions, orders or rulings of the COMELEC/COA may be brought on
certiorari to the SC under rule 65.
2. Decisions, orders or ruling of the CSC should be appealed to the CA under
Rule 43.
2. COMMISION ON ELECTION
COMELEC is created for the purpose of ensuring free and honest elections and
protecting the popular will of the people as expressed in the ballot.
and city officials, and appellate jurisdiction over all contests involving
municipal officials decided by trial courts of general jurisdiction or involving
barangay officials decided by trial courts of limited jurisdiction.
3. Decide, except those involving the right to vote, all questions affecting
elections, including determination of the number and location of polling
places, appointment of election officials and inspectors, and registration of
voters.
4. Deputize, with the concurrence of the President, law enforcement agencies
and instrumentalities of the Government, including the AFP, for the exclusive
purpose of ensuring free, orderly, honest, and credible elections.
5. Register, after sufficient publication, political parties, organizations, or
coalitions, which in addition to other requirements, must present their
platform or program of government and accredit citizens’ arms of the
COMELEC.
6. File, upon verified complaint or on its own initiative, positions in court for
inclusion or exclusion of voters.
7. Investigate and prosecute cased of violations of election laws, including acts
or omissions constituting election frauds, offenses, and malpractices.
8. Recommend to Congress effective measures to minimize election spending,
including limitation of places where propaganda materials shall be posted
and to prevent and penalize all forms of election frauds, offenses,
malpractices and nuisance candidates.
9. Submit to the President and Congress a comprehensive report on the
conduct of each elections, plebiscite, initiative, referendum or recall.
2.3 Decision-Making
Election cases should be heard and decided in division. Provided that:
1. Motion for reconsideration of decisions should be decided by COMELEC en
banc;
2. “Decisions” mean a resolution on substantive issues;
3. If a division dismisses a case for failure of counsel to appear, the Motion for
Reconsideration here may be heard by the division;
4. EXCEPTION: COMELEC en banc may directly assume jurisdiction over a
petition to correct manifest errros in the tallying of results by Board of
Canvassers.
3. COMMISSION ON AUDIT
Responsible in ensuring transparency and accountability in government service,
particularly in the use of public funds.
The watchdog of Philippine Treasury.
Republic of the Philippines
MARINDUQUE STATE COLLEGE
INSTITUTE OF GOVERNANCE
AND PUBLIC AFFAIRS
Tanza, Boac, Marinduque
3.1 Powers
Examine, audit, and settle accounts pertaining to: revenue and receipts of
funds or property; or expenditures and uses of funds or property.
3.2 Scope
1. National government agencies
2. Local government units
3. Constitutional bodies, commissions, and officers granted fiscal autonomy;
4. Autonomous state colleges and universities;
5. GOCCs and their subsidiaries incorporated under the Corporation Code
None-governmental entities receiving subsidiaries or equity, directly or
indirectly, from or through the government, which are required by law of the
granting of institution.
3.3 Functions
1. To examine and audit all forms of government revenues;
2. Examine and audit all forms of government expenditures; and
3. Settle government accounts.
4. Promulgate accounting and auditing rules (including those for the prevention
of irregular, unnecessary, excessive, extravagant or unconscionable
expenditures or uses of government funds and properties.
5. To decide on administrative cases involving expenditures of public funds.
The Congress shall enact a local government code which shall provide for
a more responsive and accountable local government structure instituted
through a system of decentralization with effective mechanisms of recall,
initiative, and referendum, allocate among the different local government units
their powers, responsibilities, and resources, and provide for the
qualifications, election, appointment and removal, term, salaries, powers and
functions and duties of local officials, and all other matters relating to the
organization and operation of the local units.
Local Government
A subordinate territorial unit that owes its creation and existence to a state and
that derives its powers from general laws or from charters or other specific
grants made by the state.
It possesses the basic elements of territory, population and continuous
organization.
It is a political subdivision of the State which is constituted by law and possessing
substantial control over its own affairs.
Republic of the Philippines
MARINDUQUE STATE COLLEGE
INSTITUTE OF GOVERNANCE
AND PUBLIC AFFAIRS
Tanza, Boac, Marinduque
3. Province
Consists of cities and municipalities.
Basic functions:
o Supervision – tasked with supervising the municipal governments in
the planning, budgeting and service delivery process.
o Developmental – facilitating economic development of municipalities
within the jurisdiction of a provincial government by paving the way
for transfer of technology and the granting of agricultural assistance
to farmers.
o Environmental – the enforcement of laws ad ordinances relating to
the preservation of the environment.
o Health – provide tertiary health services, in addition to what are
provide by each municipality.
Composition:
o Governor as the Head
o Vice Governor as members of the
o Provincial Council Sangguniang Panlalawigan
4. Autonomous Regions
Autonomous Region of Muslim Mindanao and Cordillera Autonomous
Region
Powers exercised:
o To create and establish an administrative and political organizations
o To create sources of revenues
o To select its own leaders
o To exploit the wealth of the region.