Institutions

of
Government
 The 1987 Constitution

•Deals with both

formal and
informal
institutions.
• It recognized and provides
for formal institutions like
the separation of church
and state, constitutional
commissions,
impeachment, and
presidential succession.
Separation of Church and State

• The separation of
church and state is
provided for in Section
6, Article II of the 1987
Philippine Constitution.
• This means that the
state cannot interfere
with religious affairs
which includes matters
of faith, or favor one
religion to another.
• The state, therefore,
cannot have a hand in the
operations of a church or
dictate the appointments
of religious officials like
priests or bishops and
where they should be
assigned.
Constitutional Commissions

• Article IX of the 1987

Constitution deals with the
Civil Service Commission
(CSC), the Commission on
Elections (COMELEC), and
the Commission on Audit.
• These agencies are
known as constitutional
commissions. They are
independent
government bodies
enjoying fiscal
autonomy.
• Because the
commissions were
created by the
Constitution, they
cannot abolished by
the government.
Civil Service Commission

• Exercises supervision over

personnel matters involving
the entire civil service,
meaning those who work
in the government.
Civil Service
prescribes
three basic
steps:
Preliminary Investigation

• It is a proceeding to
determine whether there is
a prima facie case to
warrant the formal
investigation of the person
complained of.
 Formal Investigation
• If there is a prima facie case
against the person complained
of, a formal charge notice of
charges is filed against the
person complained of, who is
now called the respondent.
 Decision
• After the submission of the
investigation report by
hearing officer, the
disciplining authority
resolves the case by either
finding that there is
evidence that the
respondent committed the
administrative offense or
offenses charged, or that
the evidence is insufficient
to hold the respondent
guilty of said offense or
offenses.
The Commission on Elections

• Enforces and administers all

laws and regulations relative
to the conduct of an election,
plebiscite, initiative,
referendum, and recall. These
exercises are defined as
follows:
 Election
• a political process
wherein voters get to
select the candidates
who will hold public
office for a term
 Plebiscite
• a political process
submitting constitutional
amendments or
important legislative
measures to the voters
for ratification
 People’s Initiative
• a political process wherein
people purpose
amendments to the
constitution or propose and
enact legislation through an
election called for that
purpose.
 There are three systems
of initiative: initiative on
the constitution,
initiative on statutes,
and initiative on local
legislation
 Referendum
• a political process
wherein voters either
approve or reject
legislation through an
election called for that
purpose.
There are two classes
of referendum:
referendum on
statutes or
referendum on local
laws
 Recall
• a political process wherein
voters decide whether to
remove a local elective
official for loss of
confidence before the end
of the official’s term
• The COMELEC has
other power under
Section 2, Article IX-C
of the 1987
Constitution and
Section 52 of BP Blg.
These are:
 decide
administrative
questions
pertaining to
election except the
right to vote;
 file petitions in
court for
inclusion or
exclusion of
voters;
 deputize law enforcement
agencies and
instrumentalities of the
Government for the
exclusive purpose of
ensuring free, orderly
honest, peaceful and
credible elections.
 register political
parties,
organizations and
coalitions, and
accredit citizen’s
arm;
 regulate public
utilities and media
of information
during the election
period; and
 decide
election
cases
The Commission on Audit

• The 1987 Constitution

assigned to the COA
an important function
in the system of
governance.
• It vested the
constitutional agency
with the power, authority
and duty to examine,
audit, and settle all
accounts pertaining to
the revenue
and receipts of an
expenditures or uses of
funds and property
owned or held in trust by
the government or any of
its subdivisions, agencies
or instrumentalities.
• Because the COA is a
constitutionally created
independent and separate
body, neither the Congress
nor the Executive Department
has the power to interfere
with the commissions’
mandated duties, functions,
and powers.
 Impeachment
• Is a formal proceeding
wherein a high official
of the government is
charged with
misconduct in office.
• If the official is found guilty,
that is, convicted of an
impeachable offense, then
such official will be
removed from office,
without prejudice to
prosecution for possible
criminal offenses also.
Impeachable Officials
• Under Section 2 of Article
XI of the Constitution, the
only officials who may be
removed by
impeachment are the
following:
• The President of the
Philippines
• The Vice President of
the Philippines
• The Justices of the
Supreme Court
• The members of the
Constitutional
Commissions; the
chairman and the
commissioners
• The Ombudsman
Impeachable Offenses
• The same Section 2, of
Article XI also provides for
an exclusive of offenses
which may be the basis of
an impeachment
complaint. These are:
•Culpable violation
of the
Constitution
•Treason
•Bribery
•Graft and
corruption
•Other high crimes
•Betrayal of public
trust
Presidential Succession

• Section VII of the 1987

Constitution states that “
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 Representative
shall act as President until
a president or a vice
president shall have been
chosen and qualified.
• The same provision in the
Constitution requires the
Congress to enact law to detail
the manner by which one who is
to act president shall be elected
in case of death, permanent
disability or inability of the
officials mentioned in Section 8 of
Article VII
Vacancy in
the office of
Both The
President
and Vice
 Section 10, Article VII of the
1987 Constitution

• Deals with the remote

possibility of vacancies
in the offices of
President and Vice
President occurring at
the same time.
In such an event, the
Congress will convene in
accordance with its rule
without need of a call and
within seven days to enact
a law calling for a special
election to elect a
president.
• The same provision also
states that the special
election should be held
not earlier than 45 days
not later than 60 days
from the time of such
call.
• If the Vacancy occurs
within 18 months
before the date of the
next presidential
election, however, no
special election shall be
called.