Policy-Analysis Handout 1st-Topic

Republic of the Philippines
MARINDUQUE STATE COLLEGE

SCHOOL OF GOVERNANCE
Tanza, Boac, Marinduque
BACHELOR OF PUBLIC ADMINISTRATION

Accredited Level 1 by the Accrediting Agency for Chartered Colleges Universities in the Philippines
(AACCUP), Inc.
POLICY ANALYSIS
INSTRUCTIONAL LEARNING MATERIALS
First Semester, AY 2020-2021
PART 1: The Study of Public Policy

Topic 1. Structure of the Philippine Government System: A review
I. GENERAL DESCRIPTION OF PHILIPPINE GOVERNMENT
Category Type of Government Description

As to the number of persons Polity ▪ Government of the many
exercising the power of Democracy ▪ Sovereign power is vested in the majority of people
Sovereignty Representative or but is exercised by the representative chosen by the
Republican Democracy popular vote or appointed by those chosen.
Based on distribution of Unitary ▪ The national and central government performs all
authority governmental functions.
▪ Local or sub-national government units administer
matters within their jurisdiction, but their powers are
set and delegated by the national government.
Based on relationship Presidential System ▪ Executive branch of government is independent of
between the Executive and the legislative.
Legislative ▪ Powers are distributed to the executive, legislative
and judicial branches of the government.
▪ The Chief Executive, who is also the head of the
State, as well as the members of the legislature are
elected by the people.
▪ The Chief Executive can be removed from office
even before the expiration of his term only through
impeachment.
▪ The Chief Executive cannot dissolve the legislature
at any point in time.
Based on legality and De jure government ▪ One established through legal or constitutional
legitimacy means, therefore clothed with the authority and
power to administer the nation.
II. THE DECLARATION OF STATE PRINCIPLES AND POLICIES
School Goals: Produce graduates who are professionally equipped, morally upright and committed life-long
learners; who can deliver effective and ethical public service driven by socio-political and legal researches and
supports world decision-making; who can respond to the challenges of the contemporary society and complements
the need for transformative knowledge and actions across the fields of administrative, law enforcement, political
affairs and other multi-disciplinary fields of governance.

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• Based on Article II of 1987 Constitution

• Serves as the ideological foundations of the Philippine government.
• Serves as guidelines in the exercise of governmental powers by the Executive,
Legislative, and Judicial branches of our government.
1. Democracy and Republicanism

✓ Philippines is a democratic and a republican state (Sec. 1, Article II)
✓ Democratic – the sovereign power is vested in the majority of people. “A government
of the people, by the people and for the people”.
✓ Republican – vests the sovereign power in the people but is exercised by the
representatives chosen by the popular vote or appointed by those chosen. It derives all
its powers, directly or indirectly, from the great body of the people and is administered
by person holding their offices during pleasure, for a limited period, or during good
behavior.
Manifestation of republicanism in our government:

1. Government of Law
- Philippine government operates on the basis of laws or rule of law.
- Both the leaders and the people are subject to the same laws.
- No one is above the law.
2. Repealable Laws
- Legislators cannot legislate or enact laws which cannot be repealed, modified or
altered
3. Election and Suffrage
- Local and national officials are placed into position of authority by the people
through exercise of suffrage during scheduled elections.
4. Separation of Powers
- Powers of the government are divided or allocated by the Constitution to the
executive, judicial and legislative branches of the government.
5. Check and Balances
- Powers are granted by the constitution that enables each branch of government to
check some acts of the others to ensure that no branch dominate the government.
6. Bill of Rights
- Government is tasked with safeguarding the rights, liberties and freedom
explicitly granted by the constitution to the people according to Article II of the
1987 Constitution.
7. Public Accountability

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- All government officials are responsible and accountable to the people as powers
exercised by these officials emanate from them.
2. Sovereignty of the People

✓ Section 1, Article 2, 1987 Philippine Constitution declares that “sovereignty resides in
the people and all government emanates from them”.
✓ The government is founded on the principles of popular sovereignty and popular
consent.
✓ Popular Sovereignty – belief that the ultimate power of a government rests on the
people through the exercise of suffrage. People have the right to establish their own
government, change it and define its powers and jurisdiction.
✓ Popular Consent – the idea that a just government derives its powers from the consent
of the people it governs. Thus, people exercise sovereignty directly, through elected
public officials and indirectly through suffrage.
3. Renunciation of War
✓ Section 2, Article II, 1987 Philippine Constitution declares that “The Philippine
renounces war as an instrument of national policy, adopts the generally accepted
principles of international law as part of the law of the land and adheres to the policy of
peace, equality, justice, freedom, cooperation, and amity with all nations”.
✓ Nonetheless, a defensive war is not within this policy as the state has the right to defend
itself from aggressor states and the government has the duty to protect its people.
4. Civilian Supremacy over the Military

✓ Section 3, Article 2, 1987 Philippine Constitution provides that “Civilian authority is, at
all times, supreme over the military. The Armed Forces of the Philippines is the
protector of the people and the State. Its goal is to secure the sovereignty of the State
and the integrity of the national territory”.
✓ People are the source of the power of the government, military dictatorship would not
be an acceptable option to civil government.
5. Serving and Protecting the People: The Prime Duty of the Government
✓ Section 4, Article II, 1987 Philippine Constitution states that, “the prime duty of the
government is to serve and protect the people. The Government may call upon the
people to defend the state and, in fulfillment thereof, all citizens may be required, under
conditions provided by law, to render, personal, military or civil service”.
✓ Government officials should consider, at all times, the welfare of the people in all their
programs.
6. Securing for the People the Blessings of Democracy: A Constitutional Mandate

✓ Section 5, Article II, 1987 Philippine Constitution specifies what the Government has
to do in ensuring people’s enjoyment of the blessings of democracy.
o Maintenance of peace and order,
o Protection of life, liberty and property, and
o Promotion of the general welfare.
7. Separation of the Church and the State

✓ Section 6, Article II, 1987 Philippine Constitution provides that “the separation of the
State and Church shall be inviolable”.
✓ The church should not interfere in purely political temporal matters and the State in
purely matters of religion and morals.

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✓ Section 5, Article II, Non-Establishment Clause which prohibits the State from passing
a law resting the establishment of religion.
✓ Section 5, Article II, Free Exercise Clause declares that “the free exercise and
enjoyment of religious profession and worship, without discrimination or preference,
shall forever be allowed”, indicates that the government has no authority to compel
people to accept any creed or deny them any right because of their beliefs of lack of
them.
8. Pursuit of an Independent Foreign Policy

✓ Section 7, Article II, 1987 Philippine Constitution provides that “the State shall pursue
an independent foreign policy. In its relations with other states, the paramount
considerations shall be national sovereignty, territorial integrity, national integrity and
the right to self-determination”.
✓ Two-fold thrust of Philippine Foreign policy:
o The establishment of friendly relations with both democratic and communist
countries; and
o The promotion of beneficial economic and trading relations with all countries.
9. The Promotion of a Just and Dynamic Social Order

✓ Section 9, Article II provides that “the State shall promote a just and dynamic social
order that will ensure the prosperity and independence of the nation and free the
people from poverty through policies that provide adequate social services, promote
full employment, a rising standard of living, and an improved quality of life for all”.
✓ Requires government officials to ensure the promotion of a just and dynamic social
order for the purpose of ensuring prosperity and independence of the Filipino nation
and at the same time, liberating the people from poverty.
10. Promotion of Social Justice

✓ Section 10, Article II, 1987 Philippine Constitution declares that “the state shall
promote social justice in all phases of national development”.
✓ Social Justice – the protection and enhancement of the right of all people to human
dignity by reducing social, economic, political and cultural inequalities through
equitable distribution of wealth and power for the common good.
11. Dignity of the Human Being and Full Respect for Human Rights
✓ Section 11, Article II, 1987 Philippine Constitution runs as “the State values the dignity
of every human person and guarantees full respect for human rights”.
✓ The government is morally obligated to safeguard the inherent rights of the people as
enumerated in Article III or Bill of Rights as the dignity and happiness depend on their
exercise of these rights.
12. Affirmation of Labor as Primary Social Force

✓ Section 18, Article II, 1987 Philippine Constitution states that “the state affirms labor
as a primary social force. It shall protect the rights of workers and promote their
social welfare”.
✓ State is duty-bound to undertake the following policies (Section 3, Article XIII)
o Full protection of labor and overseas labor;
o Promotion of full employment and equal employment opportunities;
o Guaranteeing the full enjoyment of the rights of workers; right to self-
organization; right to collective bargaining; right to collective negotiation; right to
peaceful and concerted activities, including the rights to strike; right to security of

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tenure; right to just and humane conditions of work; right to a living wage; and
right to participate in policy and decision-making process;
o Promotional of shared responsibility between workers and employers and the
preferential use of voluntary modes in settling disputes; and
o Regulation of the relations between workers and employers.
13. Recognition of the Role of the Private Sector in the Economy

✓ Section 20, Article II, 1987 Philippine Constitution states that “the State recognizes
the indispensable role of the private sector, encourage private enterprise, and
provides incentives to needed investments”.
✓ The Constitution forbids an economy where the State shall be competing with the
private enterprises.
✓ Mandates the State to provide incentives to local and foreign investors.
14. Encouragement of Non-Governmental, Community-Based or Sectoral

Organizations
✓ Section 23, Article II, 1987 Philippine Constitution provides that “the State shall
encourage non-governmental, community-based or sectoral organizations that
promote the welfare of the nation”.
✓ Since NGOs can help in building and developing communities, as well as in
articulating the interests and views of the people.
15. Autonomy of Local Government

✓ Section 25, Article II, 1987 Philippine Constitution, “the State shall ensure the
autonomy of local governments”.
✓ Implemented with the enactment of Republic Act No. 7160, the Local Government
Code of 1991.
✓ LGUs serve as conduits of the national government in the performance of its varied
tasks and functions.
✓ Gives national offices greater focus on efforts addressing national issues and
concerns.
16. Honesty and Integrity in Public Service

✓ Section 27, Article II, 1987 Philippine Constitution states that the State shall maintain
honesty and integrity in the public service and take positive and effective measures
against graft and corruption”.
✓ Strengthened through the enactment of Republic Act No. 6713.
✓ Public office is a public trust.
✓ Essential in strengthening people’s trust and confidence in the government and its
officials.
17. Full Disclosure by the State of all Its Transactions

✓ Section 28, Article 2, 1987 Philippine Constitution provides that subject to
reasonable conditions prescribed by law, the State adopts and implements a policy of
full disclosure of all its transactions involving public interest”.
✓ The people have the right to be informed of what the government is doing and can
access records pertaining to the official transactions of the government, except for
information relating to the security of the State.
III. THE THREE (3) BRANCHES OF THE GOVERNMENT


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Specific mandate according to the 1987 Constitution of the Philippines:

1. Art. VI, Sec. 1: The legislative power shall be vested in the Congress of the Philippines
which shall consist of a Senate, and a House of Representatives, except to the extent
reserved to the people by the provision on initiative and referendum.
2. Art. VII, Sec. 1: The executive power shall be vested in the President of the Philippines.
3. Art. VIII, Sec. 1: The judicial power shall be vested in one Supreme Court and in such
lower court as may be established by law.
A. EXECUTIVE DEPARTMENT
 Possess the rule implementation function.
Nature of Executive Power

• Executive power is the power to enforce and administer the laws.
• Power vested to the President of the Philippines, as both the head of the State and the
Government
Powers of the President

1. Power of Appointment
o The President appoints members of the Constitutional Commissions,
ambassadors, other public ministers and consuls, or officers of the armed forces
from the rank of colonel or navy captain, and other officers whose appointment
are vested in the President under the 1987 Constitution, with the consent of the
Commission on Appointments.
2. Power of Removal
o Presidential appointees serve at the pleasure of the President, they can be removed
from office at any point in time.
3. Power of Control

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o As chief executive, the President has jurisdiction over all executive departments,
bureaus and offices and all cabinet members who serve as 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;
 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.
B. LEGISLATIVE DEPARTMENT
 Possess the rule making function.

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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.
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
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

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 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
 Enables the Congress to pass judgement upon a certain parties/courses of
action, such as:
o To expel and suspend its erring members;
o To initiate contempt proceedings in the Congress;
o To concur and approve amnesty declared by the President of the
Philippines;
o To initiate, prosecute and thereafter decide cases of impeachment; and
o To decide electoral protest of its members through the respective
Electoral Tribunal.
9. Miscellaneous Powers
 To authorize the Commission on Audit to audit funds and property;
 To authorize the President of the Philippines to fix tariff rates, quotas, and
dues;
 To authorize the President of the Philippines to formulate rules and
regulations in times of emergency;
 To reapportion legislative districts based on established constitutional
standards;
 To implement laws on autonomy;
 To establish a national language commission;
 To implement free public secondary education;
 To allow small scale utilization of natural resources;
 To specify the limits of forest lands and national parks;
 To determine the ownerships and extent of ancestral domain; and
 To establish independent economic and planning agency.
C. JUDICIAL DEPARTMENT
 The rule-adjudication agency of the government.
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.
Functions, divided into two categories:

a. 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;
 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.
b. Judicial Function

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 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.
✓ Basic principle of the government embraced the rule of separation of powers among the
three branches of government.
✓ The Constitution provides a mechanism of check and balance to prevent abuses and
unbridled discretion of a branch of government.
IV. TWO PRINCIPLES INHERENT IN PRESIDENTIAL SYSTEM
1. Separation of Power
 Government is divided into 3 independent departments, each supreme in its own sphere
but co-equal with one-another.
 Have independent powers from one another, that should not encroach upon the function
of the other
Three (3) Departments of the Government

Branch of the Government Function
Legislative ➢ intellect to guide and direct the society
➢ rule-making branch that enacts or make the laws
Executive ➢ the will that is active and will make the society work
➢ rule-applying branch that applies or executes the law
Judiciary ➢ the conscience that judges and punishes what is bad
➢ rule-adjudicating branch that interprets or applies the
laws in cases of conflicts or dispute between the state
and individuals or between the branches of government
and between individuals
2. Check and Balances

 The constitution allows limited powers on each department to encroach or check each
other’s domain so that there would be balance among the three.
 Tools to see to it that no department dominates another
The Executive of the President may:

a. Veto bills passed by the Congress (Art. VI, Sec. 27
b. Modify the judgement of the courts (Art. VII,Sec. 19)
The Judiciary of the Supreme Court may:

a. Determine is there has been grave abuse of discretion amounting to lack or excess
of jurisdiction on the part of the Congress or the President (Art. VIII, Sec. 2)
b. Declares an executive act or a law passed by Congress as unconstitutional (Art.
VIII, Sec. 4)
The Congress may:

a. Override the veto of the President (Art. VI, Sec. 27)
b. Reject appointments made by the President (Se. 16)
c. Revoke or refuse concurrence on the President’s declaration of Martial Law

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d. Suspension of the privilege of writ of habeas corpus (Sec. 18) and proclamation of
amnesty (Sec. 19)
e. Determine the salary of the President and the Vice-President (Art. XI, Sec. 2)
f. Define, prescribe and apportion the jurisdiction of the courts (Art. VII, Sec. 2)
g. Prescribe the qualification of judges of lower courts (Sec. 7)
h. Set salaries of the members of the Supreme Court and lower courts (Art. 8, Sec. 10)
i. Impeach the members of the Supreme Courts (Art. XI, Sec. 2)
 Separation of powers and its corollary system of check and balance must be understood
from a perspective of coordination and interdependence and not hostility towards the
powers of another.

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Republic of the Philippines

MARINDUQUE STATE COLLEGE

BACHELOR OF PUBLIC ADMINISTRATION

PART 1: The Study of Public Policy

I. GENERAL DESCRIPTION OF PHILIPPINE GOVERNMENT

Category Type of Government Description

II. THE DECLARATION OF STATE PRINCIPLES AND POLICIES

BACHELOR OF PUBLIC ADMINISTRATION

• Based on Article II of 1987 Constitution

1. Democracy and Republicanism

Manifestation of republicanism in our government:

BACHELOR OF PUBLIC ADMINISTRATION

2. Sovereignty of the People

4. Civilian Supremacy over the Military

6. Securing for the People the Blessings of Democracy: A Constitutional Mandate

7. Separation of the Church and the State

BACHELOR OF PUBLIC ADMINISTRATION

8. Pursuit of an Independent Foreign Policy

9. The Promotion of a Just and Dynamic Social Order

10. Promotion of Social Justice

12. Affirmation of Labor as Primary Social Force

BACHELOR OF PUBLIC ADMINISTRATION

13. Recognition of the Role of the Private Sector in the Economy

14. Encouragement of Non-Governmental, Community-Based or Sectoral

15. Autonomy of Local Government

16. Honesty and Integrity in Public Service

17. Full Disclosure by the State of all Its Transactions

III. THE THREE (3) BRANCHES OF THE GOVERNMENT

BACHELOR OF PUBLIC ADMINISTRATION

Specific mandate according to the 1987 Constitution of the Philippines:

Nature of Executive Power

Powers of the President

BACHELOR OF PUBLIC ADMINISTRATION

BACHELOR OF PUBLIC ADMINISTRATION

Powers of the Congress

BACHELOR OF PUBLIC ADMINISTRATION

 Elect its presiding officer/s and other officers of the House;

Functions, divided into two categories:

BACHELOR OF PUBLIC ADMINISTRATION

 Settlement of actual controversies involving rights which are legally

IV. TWO PRINCIPLES INHERENT IN PRESIDENTIAL SYSTEM

Three (3) Departments of the Government

2. Check and Balances

The Executive of the President may:

The Judiciary of the Supreme Court may:

The Congress may:

BACHELOR OF PUBLIC ADMINISTRATION

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