PHILIPPINE POLITICS AND GOVERNANCE

Grade 12

LESSON 1: THE LEGISLATIVE BRANCH

Article VI (The Legislative Department) of 1987 Philippine Constitution specified the role
and responsibilities of the Philippine Senate and the House of Representative. Section I of the said
article states that, “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.” Legislative power refers the authority under the constitution
to make laws and to alter or repel them.

Structure and Organization

The legislative power is vested in a bicameral body, the Congress of the Philippines, which is
composed of two houses -- the Senate and the House Representatives. The Congress of the
Philippines is the country's highest lawmaking body.

Article VI Sections 2 to 4 and Article Sections 5 to 7 stipulated the composition, qualifications,

manner of election, term of office and maximum term of office for Senate and House of
Representatives, respectively.

Table 7.1: Philippine Congress

Senate House of Representatives

Seal

Composition 24 Senators 250 members, unless otherwise fixed

Manner of Election Elected at large qualified
Philippine voters
Term of Office Six (6) years and shall
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by law
Legislative districts apportioned
among the provinces, cities, and the
Metropolitan Manila area in
accordance with the number of their
respective inhabitants, and on the
basis of a uniform and progressive
ratio, and those who, as provided by
law, shall be elected through a party-
list system of registered
national, regional, and
sectoral parties or
organizations.
Three (3) years and shall commence,
 commence, unless
otherwise provided by law,
at noon on the 30th day of
June next following their
election.
Length of Service Two (2) Consecutive Terms
Qualifications  Natural Born Citizen of
the Philippines
 At least 35 years of age
 Able to read and write
 Registered Voter
 resident of the
Philippines for not less
than 2 years immediately
preceding the day of the
election
unless otherwise provided by law, at
noon on the 30th day of June next
following their election.
Three (3) Consecutive Terms
 Natural Born Citizen of the
Philippines
 At least 25 years of age
 Able to read and write
 Registered Voter in the district
(except in the party list)
 resident thereof for a period of not
less than 1 year immediately
preceding the day of the election.

Composition

The legislative department in the Philippines is divided into two houses: The Senate and the
House of Representatives.

There are 24 senators in the Philippine Senate. A senator must be a natural-born Filipino, at
least 35 years old on the day of the election, able to read and write, a registered voter, and a resident
of the Philippines for not less than two years immediately preceding the day of the election. Senators
serve for a term of six years and are eligible for one reelection. They cannot serve for more than two
consecutive terms.

On the other hand, a member of the House of Representatives—who is called congressman

—must be a natural-born citizen, at least 25 years of age on the day of the election, able to read and
write, a registered voter in the district where he or she is elected, and a resident of said district for a
period of not less than one year immediately preceding the day of the election. Congressmen have a
term of three years and may serve for up to three consecutive terms.

There are two kinds of members of the House of Representatives: there are district
representatives and there are party list representatives under the party list system. District
representatives are elected by voters in the legislative district they represent. Party list representatives
are the nominees of party list groups who received at least a two percent vote of the total number of
valid votes cast for the party list system. A party list group is only allowed a maximum of three seats.

Legislative Power

The primary duty of the Congress is to legislate. This means that the two houses of the
Philippine Congress—the Senate and the House of Representatives—must work together to make
laws. If they cannot agree on the bills to pass, there will be gridlock. Gridlock occurs if the rival political
parties cannot set aside partisan politics and one-upmanship for the common good.

Although senators and members of the House of Representatives are all lawmakers, they
differ in the measures they initiate. Senators propose the enactment of laws that are of general
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concern to the country as a whole. Members of the House of Representatives, on the other hand,
exclusively initiate all appropriation, revenue or tariff bills, bills authorizing an increase in the public
debt, bills of local application, and private bills, as provided for by Section 24, Article VI of the 1987
Constitution.

If the other house of the Congress also votes to pass the bill, it will then be submitted to the
President for approval. The President may either approve the bill and sign it or veto the bill and return
it to the house of origin together with objections to the bill. The veto, however, must be communicated
within thirty days from receipt by the President of the bill. Otherwise, the bill becomes a law as if the
President had signed it.

Power of Appropriation

The legislative department holds the so-called "power of the purse.” This is pursuant to the
constitutional mandate that "no money shall be paid out of the Treasury except in pursuance of an
appropriation made by law." In the exercise of this power, the Congress passes appropriation laws to
authorize the release of public funds from the Treasury for use of the various agencies of the
government.

The Congress, as stated above, does do not pass an appropriation law from out of the blue.
The budget process consists of four phases: 1) budget preparation, 2) budget legislation. 3) budget
execution, and 4) accountability.

The budget preparation phase is initiated by the Department of Budget and Management
(DBM) through the issuance of a budget call. After the issuance of the budget call, the various
departments and agencies submit their respective agency budget proposals to the DBM. Afterward,
the DBM consolidates the recommended agency budgets into the National Expenditure Program
(NEP) and the Budget of Expenditures and Sources of Financing (BESF). These are then submitted to
the President and the Cabinet for review. Once they are approved, the DBM prepares the budget
documents for submission to the Congress.

The budget legislation phase starts when the Congress receives the President's Budget and
ends when the President approves the General Appropriations Act (GAA). This phase is known as the
Budget Authorization Phase. This is where the Congress deliberates on the proposed budget.

The budget execution phase starts after the approval of the President of the GAA. This phase
is where the DBM again enters the picture. Under this phase, the DBM issues programs and
guidelines for the release of the funds, prepares an allotment and cash release program, releases
allotments, and issues disbursement authorities.

The accountability phase checks whether the government funds have been efficiently and
effectively utilized to achieve the, state's socioeconomic goals. This is also the period when the DBM
assesses the performance of agencies in order to institute reforms and create needed policies.

Power of Taxation

Taxes are regarded as the lifeblood of the state. They provide the much-needed funding which
enables the government to operate and serve the public. Thus, the Congress, subject to certain
limitations, may impose or increase taxes on a taxable item or transaction in order to increase
government revenues.
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 The rule of taxation shall be uniform and equitable. Hence, the Congress is bound to enact tax
laws which comply with this rule. In addition, the Congress is obligated to evolve a progressive system
of taxation. As stated previously, uniformity simply means that the tax should be applicable throughout
the country.

On the other hand, a tax is equitable if it is progressive. A tax is progressive when the tax rate
increases as the tax base, or the total income of an individual or entity, increases. In other words, as
one goes up in income, the tax rate increases, thereby assuring a higher tax payment. It is widely
believed that a greater tax collection from those earning a lot would enable the state to provide for an
equitable distribution of wealth through socioeconomic projects which will mostly benefit the poor and
the underprivileged.

Power of Impeachment

The House of Representatives has the exclusive power to initiate impeachment cases. For
culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or
betrayal of public trust, the following public officers may be removed from office by impeachment: (1)
President; (2) Vice President; (3) Members of the Supreme Court; (4) Members of the Constitutional
Commissions; and (5) Ombudsman.

While the sole power to commence impeachment cases is given to the House of
Representatives, the Senate has the sole power to try and decide all cases of impeachment under
Section 3(6), Article Xl of the 1987 Constitution.

There are limitations on the manner of filing, the required votes to impeach, and the one-year
bar on the impeachment of one and the same official. It should be emphasized that impeachment
proceedings are essentially political trials. The Congress, nevertheless, is guided by its rules of
impeachment.

Power of Legislative Inquiry

This power of legislature inquiry is exercised to elicit information that will enable Congress to
craft a piece of legislation. It is subject to certain limitations: that the inquiry is in aid of legislation, that
it be conducted with duly published rules of procedure, and that the rights of persons appearing or
affected by, such inquiries are respected.

Other Powers

The legislative department also exercises the following powers:

 question hour;
 war powers;
 power to act as board of canvassers in election of president;
 power to call a special election for president and vice president;
 power to judge the president's physical fitness to discharge the functions of the presidency;
 power to revoke or extend the privilege of the writ of habeas corpus or declaration of martial
law;
 power to concur in presidential amnesties;

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  power to concur in treaties or international agreements;
 power to confirm certain appointments made by the president;
 power relative to natural resources; and
 power to propose amendments to the constitution

IMPORTANCE OF LAWS

Merriam-Webster defines laws as "rules of conduct or action prescribed or formally recognized

as binding or enforced by a controlling authority." They are formal institutions which govern the
conduct of persons, both natural (humans) and artificial (corporations). As such, they provide structure
to society.

Laws are necessary to prevent anarchy. They are a concession that people who live in a
society have to make. Without laws, there are no standards by which to judge the behavior of
individuals who come into conflict with others. Courts would find it difficult to decide a legal dispute if
there are no rules to be applied to settle the controversy. People would be free to do as they please
because there is no government regulation of their actions.

In such a case, there would be lawlessness and chaos. Prevention of lawlessness and the
elimination of chaos, i.e., the regulation of human conduct, is the top priority. Of any lawmaking body.

KINDS OF LAWS

As to nature

 Substantive law provides for the rights and duties of persons in relation to other persons as
well to the state and includes the offenses for which individuals who are alleged of having
committed them can be prosecuted. Examples are the revised penal code and civil code.

 Procedural law, also known as adjective or remedial law, constitutes the set of rules governing
the proceedings in court. Examples are the rules of court and revised rules in administrative
cases in the civil service.

As to scope

 A general law is one which embraces a class of subjects or places and does not omit any
subject or place naturally belonging to such class.

 A special law is one that relates to persons or things of a class. In case of conflict between a
general law and a special law, the latter prevails.

LAW MAKING

Bills and Resolutions

Congress is responsible for making enabling laws to make sure the spirit of the constitution is
upheld in the country and, at times, amend or change the constitution itself. In order to craft laws, the
legislative body comes out with two main documents: bills and resolutions.

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  Resolutions convey principles and sentiments of the Senate or the House of
Representatives. These resolutions can further be divided into three different elements:

 Joint resolutions — require the approval of both chambers of Congress and the signature of
the President and have the force and effect of a law if approved.

 Concurrent resolutions — used for matters affecting the operations of both chambers of
Congress and must be approved in the same form by both houses but are not transmitted to
the President for his signature and therefore have no force and effect of a law.

 Simple resolutions — deal with matters entirely within the prerogative of one chamber of
Congress, are not referred to the President for his signature, and therefore have no force and
effect of a law.

Bills are laws in the making. They pass into law when they are approved by both houses and
the President of the Philippines. A bill may be vetoed by the President, but the House of
Representatives may overturn a presidential veto by garnering a 2/3rds vote. If the President does not
act on a proposed law submitted by Congress, it will lapse into law after 30 days of receipt.

For a bill to be a law, it undergoes a process and a series of readings and study.

1. First Reading - Any member of either house may present a proposed bill, signed by him, for
First Reading and reference to the proper committee. During the First Reading, the principal
author of the bill may propose the inclusion of additional authors thereof.

2. Referral to Appropriate Committee - Immediately after the First Reading, the bill is referred
to the proper committee or committees for study and consideration. If disapproved in the
committee, the bill dies a natural death unless the House decides otherwise, following the
submission of the report.

3. Second Reading - If the committee reports the bill favorably, the bills is forwarded to the
Committee on Rules so that it may be calendared for deliberation on Second Reading. At this
stage, the bill is read for the second time in its entirely, together with the amendments, if any,
proposed by the committee, unless the reading is dispensed with by a majority vote of the
House.

4. Debates - A general debate is then opened after the Second Reading and amendments may
be proposed by any member of Congress. The insertion of changes or amendments shall be
done in accordance with the rules of either House. The House may either "kill" or pass the bill.

5. Printing and Distribution - After approval of the bill on Second Reading, the bills is then
ordered printed in its final form and copies of it are distributed among the members of the
House three days before its passage, except when the bill was certified by the President. A bill
approved on Second Reading shall be included in the calendar of bills for Third Reading.

6. Third Reading - At this stage, only the title of the bill is read. Upon the last reading of a bill, no
amendment thereto is allowed, and the vote thereon is taken immediately thereafter, and yeas
and nays entered in the journal. A member may abstain. As a rule, a majority of the members
constituting a quorum is sufficient to pass a bill.

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 7. Referral to the Other House - If approved, the bill is then referred to the other House where
substantially the same procedure takes place.

8. Submission to Joint Bicameral Committee - Differences, if any, between the House's bill
and the Senate's amended version, and vice versa are submitted to a conference committee
of members of both Houses for compromise. If either House accepts the changes made by the
other, no compromise is necessary.

9. Submission to the President - A bill approved on Third Reading by both Houses shall be
printed and forthwith transmitted to the President for his action - approval or disapproval. If the
President does not communicate his veto of any bill to the House where it originated within 30
days from receipt thereof, it shall become a law as if he signed it. Bill repassed by Congress
over the veto of the President automatically becomes a law.

LESSON 2: THE JUDICIAL BRANCH

Article VIII Section I of 1987 Philippine Constitution stated that the Judicial power shall be
vested in one Supreme Court and in such lower courts as may be established by law. As the third
branch of the Philippine Government, its main role and function is to evaluate laws. It holds the power
to settle controversies involving rights that are legally demandable and enforceable.

This branch determines whether or not there has been a grave abuse of discretion amounting
to lack or excess of jurisdiction on the part and instrumentality of the government. It is made up of a
Supreme Court and lower courts. The judicial branch interprets the meaning of laws, applies laws to
individual cases, and decides if laws violate the Constitution.

**The term “grave abuse of discretion” refers to the standard applied by the Supreme Court in
reviewing a government official’s decision which is claimed to be grossly unsound,
unreasonable, or illegal.
The Philippine Judiciary branch is comprised of regular courts tasked to administer justice—two review
courts and two trial courts as follows:
 Supreme Court
 Court of Appeals
 Regional Trial Courts
 Metropolitan Trial Courts, Municipal Trial Courts, Municipal Circuit Trial Courts, and Municipal
Trial Courts in Cities

Aside from these 4 regular courts, the Judicial branch has also what it is called special courts.
Special courts are bodies within the judicial branch of government that generally address only one
area of law or have specifically defined powers. These are the (1) Sandiganbayan, (2) Court of tax
Appeals, (3) Shari’a District Courts, and (4) Shari’a Circuit Courts.

Shari’a Court has the power similar to the regular courts, but the subjects over whom judicial
powers are exercised are limited to Muslim Filipinos. While Court of Tax Appeals which retains
exclusive appellate jurisdiction to review by appeal not only civil tax cases but also those that are
criminal in nature. Lastly, Sandiganbayan is a special court that has jurisdiction over civil cases
(including graft, corruption, and other offenses) committed by public officers and employees and those
in government-owned or government-controlled corporations.

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 Judicial power rests with the Supreme Court and the lower courts, as established by law Sec. I
of the 1987 Constitution). Its duty is to settle actual controversies involving rights which are legally
demandable and enforceable (Art. VIII Sec. I (2). The judiciary enjoys fiscal autonomy. Its
appropriation may not be reduced by the Legislature below the appropriated amount the previous year
(Art. VIll, Sec. 3).

Appointments to the Judiciary

By virtue of Article VIll, Section 8, appointments to the judiciary are made by the President of
the Philippines based on a list submitted by the Judicial and Bar Council which is under the
supervision of the Supreme Court. Its principal function is to screen prospective appointees to any
judicial post. It is composed of the chief justice as ex-officio chairman, the Secretary of Justice and
representatives of Congress as ex-officio members, and a representative of the Integrated Bar, a
professor of law, a retired member of the Supreme Court and a representative of the private sector as
members.

Katarungang Pambarangay

Presidential Decree No. 1508, or the Katarungang Pambarangay Law, took effect on
December 11, 1978, and established a system of amicably settling disputes at the barangay level.
This decree and the Local Government Code provided rules and procedures, Title I, Chapter 7,
Sections 339-422. This system of amicable settlement of dispute aims to promote the speedy
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administration of justice by easing the congestion of court dockets. The court does not take
cognizance of cases filed if they are not filed first with the Katarungang Pambarangay.

Alternative Dispute Resolution (ADR) System

Republic Act No. 9285 institutionalized the use of an alternative dispute resolution system,
which serves to promote the speedy and impartial administration of justice and unclog the court
dockets. This act shall be without prejudice to the adoption of the Supreme Court of any ADR system
such as mediation, conciliation, arbitration or any combination thereof.

Supreme Court

According to the 1987 Constitution, Article VIII, Section 5, the Supreme Court exercises the following
powers:
1. Exercise jurisdiction over cases affecting ambassadors, other public ministers and consuls,
and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.
2. 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 the lower courts.
3. Assign temporarily judges of lower courts to other stations as public interest may require.
Such temporary assignments shall not exceed six months without the consent of the judge
concerned.
4. Order a change of venue or place of trial to avoid a miscarriage of justice.
5. Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law
(Sec. 5, id.).

Court of Appeals

The Court of Appeals is the second highest tribunal in the country, which was established on
February 1, 1936 by virtue of Commonwealth Act No. 3. The current form of the Court of Appeals was
constituted through Batas Pambansa Blg. 129, as amended by Executive Order No. 33, s. 1986,
Republic Act No. 7902, and Republic Act No. 8246.

The Court of Appeals is composed of one presiding justice and 68 associate justices, all of which
are appointed by the President from a shortlist submitted by the Judicial and Bar Council. The
associate justices shall have precedence according to the dates (or order, in case of similar
appointment dates) of their respective appointments. The qualifications for the justices of the Supreme
Court also apply to members of the Court of Appeals.

Court of Tax Appeals

The Court of Tax Appeals (CTA), which is of the same level as the Court of Appeals, was
created by virtue of Republic Act No. 1125, which signed into law on June 16, 1954. Its present-day
form was constituted through RA 1125, as amended by Republic Act No. 9282 and Republic Act No.
9503.

Sandiganbayan

To attain the highest norms of official conduct among officials and employees in the
government, the creation of a special graft court to be known as the Sandiganbayan was provided for
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in Article Section 5 of the 1973 Constitution. This court was formally established through Presidential
Decree No. 1606, which was signed into law on December 10, 1978.

In addition, the Sandiganbayan exercises exclusive appellate jurisdiction over final judgments,
resolutions or orders or regional trial courts whether in the exercise of their own original jurisdiction or
of their appellate jurisdiction as herein provided.

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