POLITICAL LAW HAND OUT

Introduction to Political Law in the Philippines

 Definition of Political Law

o Overview of political law and its significance in regulating the relationship between the
state and its citizens in the context of the Philippines.

o Role of political law in ensuring the proper functioning of democratic institutions and
safeguarding civil rights.

 Sources of Political Law

o Constitutional Law: The 1987 Constitution of the Philippines as the supreme law.

o Statutory Law: Laws enacted by the legislature, including Republic Acts.

o Case Law: Decisions from the Supreme Court that shape political law.

o International Law: Treaties and agreements that affect Philippine governance and
relations with other countries.

 The Constitution as the Cornerstone of Political Law

o Importance of the Constitution in establishing the legal and political framework of the
country.

o Fundamental rights and democratic principles enshrined in the Constitution.

The Structure of the Philippine Government

The Philippine government is a democratic republic governed by the 1987 Constitution, which provides
a separation of powers among three branches: the Executive, the Legislature, and the Judiciary. This
framework ensures checks and balances to prevent the abuse of power.

 The Executive: The executive branch is responsible for enforcing and implementing laws. It is
headed by the President, who serves as both the head of state and head of government. The
Vice President supports the President and is first in the line of succession. The Cabinet, which is
made up of various heads of government departments, assists in the President’s decision-
making and policy implementation.

 The Legislative: The legislative branch is responsible for making laws. It is bicameral, consisting
of two houses: the Senate and the House of Representatives. The Senate represents the nation,
while the House represents the districts and party-list sectors. Together, they pass laws, approve
the national budget, and serve as a check on the executive.

 The Judiciary: The judiciary interprets laws and ensures they are applied consistently. At its head
is the Supreme Court, the highest court in the country, with the authority to review laws and
 executive actions for constitutionality. Lower courts, such as the Court of Appeals and Regional
Trial Courts, handle cases at different levels.

The separation of powers among these branches is intended to prevent any one branch from becoming
too powerful, ensuring that no single group can dominate the government.

3. The Executive: Powers and Duties of the President, the Role of the Vice President, and the Cabinet

Powers and Duties of the President

The President of the Philippines is both the head of state and head of government, holding substantial
executive power. Under the 1987 Constitution, the President’s powers include:

 Chief Executive: The President is the chief administrator and enforcer of laws. They oversee the
executive branch of government and its various departments.

 Commander-in-Chief: The President has control over the country’s armed forces. They can
deploy military forces in times of national emergency or war, though Congress must approve
extended military action.

 Chief Diplomat: The President represents the Philippines in foreign relations. They can enter into
treaties and agreements with other countries, though these must be ratified by the Senate.

 Chief Legislator: While the President cannot create laws, they have significant influence over the
legislative process, including the power to veto bills passed by Congress.

 Appointing Power: The President appoints heads of government agencies, judges, ambassadors,
and other officials with the approval of the Commission on Appointments (a body in Congress).

 Pardoning Power: The President has the power to grant pardons, reprieves, commutations, and
amnesties.

The Role of the Vice President

The Vice President is the second-highest official in the executive branch. The Vice President’s roles and
functions include:

 Line of Succession: In the event of the President’s death, incapacity, or resignation, the Vice
President assumes the presidency.

 Presidential Adviser: The Vice President can be appointed by the President to assist with specific
duties or tasks, though this is not required.

 Representative of the People: The Vice President may also serve as a representative in
government and diplomatic functions, especially when delegated by the President.

The Cabinet

The Cabinet consists of the heads of executive departments who are appointed by the President. The
Cabinet’s role is to assist the President in making decisions, formulating policies, and executing laws. The
members of the Cabinet oversee the operations of various government departments such as:
  Department of Education (DepEd)

 Department of Health (DOH)

 Department of Finance (DOF)

 Department of Interior and Local Government (DILG)

The Cabinet helps the President implement policies, manage public services, and address national issues.

4. The Legislative: Composition and Functions of Congress (House of Representatives and Senate)

The Legislative Branch of the Philippines is composed of a bicameral system with two houses: the
Senate and the House of Representatives.

The Senate

 Composition: The Senate has 24 members who are elected at-large by the Filipino people,
serving 6-year terms. No senator may serve more than two consecutive terms.

 Functions: The Senate passes laws, approves treaties, confirms presidential appointments (e.g.,
judges, ambassadors), and conducts investigations into government activities. It is often
considered a body for national representation.

The House of Representatives

 Composition: The House of Representatives is composed of 251 members, consisting of:

o District Representatives: Elected by voters in geographic districts.

o Party-List Representatives: Elected to represent marginalized and underrepresented

sectors.

 Functions: The House is primarily responsible for introducing and passing bills, especially those
related to the budget and national policy. It plays a key role in the impeachment of public
officials.

Both houses must agree on the final version of a bill before it can be sent to the President for approval or
veto.

5. The Judiciary: The Supreme Court and Lower Courts, Judicial Review, and the Independence of the
Judiciary

The Supreme Court

 The Supreme Court is the highest court in the Philippines, responsible for interpreting the
Constitution, reviewing laws, and adjudicating disputes. It has 15 justices who are appointed by
the President from a list provided by the Judicial and Bar Council.

 Judicial Review: The Supreme Court has the power of judicial review, which means it can
invalidate laws or executive actions that are deemed unconstitutional. This is a fundamental
check on both the legislative and executive branches.
  Functions of the Supreme Court:

o Resolving constitutional issues.

o Supervising lower courts.

o Issuing writs (e.g., habeas corpus) to protect individual rights.

Lower Courts

 Lower courts include the Court of Appeals, Regional Trial Courts, Municipal/Metropolitan Trial
Courts, and specialized courts like the Sandiganbayan (which handles corruption cases). These
courts handle various cases, including criminal, civil, and administrative matters.

Independence of the Judiciary

 The independence of the judiciary is crucial for ensuring that courts are free from political
influence and can rule based on law and facts. This independence is guaranteed by the
Constitution, which also protects judges from arbitrary removal or pressure from other branches
of government.

6. Separation of Powers and Checks and Balances

The separation of powers is a doctrine that divides the government into three branches: the executive,
legislative, and judiciary. Each branch has distinct powers and responsibilities, and this structure is
designed to ensure that no branch becomes too powerful.

Checks and Balances

 Executive- Legislative: The President can veto bills passed by Congress, while Congress can
override the veto with a two-thirds majority. Congress also has the power to investigate the
actions of the executive branch.

 Legislative- Judiciary: The legislature cannot make laws that violate the Constitution, and the
judiciary can declare such laws unconstitutional. Additionally, the Senate confirms presidential
appointments to the judiciary.

 Executive- Judiciary: The President appoints judges, but the judiciary is independent. The
Supreme Court can rule on the constitutionality of executive actions, and it serves as a check on
presidential power.

 Judiciary- Executive: The judiciary ensures that executive actions comply with the law. For
instance, the courts can issue writs of habeas corpus to protect individual freedoms against
arbitrary detention.

These mechanisms prevent the abuse of power by any one branch, ensuring that democratic principles
are upheld.

The Bill of Rights of the 1987 Philippine Constitution

Introduction: The Bill of Rights is a vital component of the 1987 Philippine Constitution that
guarantees fundamental rights and freedoms to the people. It serves as a safeguard to ensure
justice, equality, and liberty for all Filipino citizens, protecting them from arbitrary government
action and ensuring their dignity. These rights are enshrined in Article III of the Constitution and
cover a broad range of freedoms and protections that promote democracy and the rule of law.

1. Freedom of Speech, of the Press, and of Assembly (Article III, Section 4)

Provision:

 "No law shall be passed abridging the freedom of speech, of the press, or the right of the people
peaceably to assemble and petition the government for a redress of grievances."

Explanation:

 Freedom of Speech: The right to express opinions, ideas, and beliefs without fear of government
censorship or punishment.

 Freedom of the Press: Guarantees media independence and the right of journalists to report
news and opinions without government interference.

 Freedom of Assembly: Citizens have the right to gather and express collective views, such as
protests or public demonstrations.

Example of Application:

 Freedom of Speech: A Filipino citizen criticizing the government’s policies on social media
without being detained or persecuted.

 Freedom of the Press: Media outlets, such as television stations and newspapers, are allowed to
cover controversial issues like corruption without being shut down by the government.

 Freedom of Assembly: People organizing peaceful protests or rallies, such as the "EDSA People
Power" Revolution, to demand the resignation of a government official.

2. Right to Due Process of Law (Article III, Section 1)

Provision:

 "No person shall be deprived of life, liberty, or property without due process of law."

Explanation:

 This provision ensures that the government follows proper legal procedures before depriving
someone of their rights. This includes having a fair trial, access to legal counsel, and the right to
defend oneself in court.

Example of Application:
 Due Process in Criminal Law: A person accused of a crime must be given a fair trial, represented
by a lawyer, and cannot be jailed without evidence or a trial.

 Due Process in Civil Cases: In cases involving property or contractual disputes, both parties must
be given a chance to present their evidence and arguments before the court.

3. Right to Equal Protection of the Laws (Article III, Section 1)

Provision:

 "No person shall be denied the equal protection of the laws."

Explanation:

 This ensures that the laws of the land apply equally to all people, regardless of their social status,
gender, race, or religion. It prohibits discriminatory practices and policies.

Example of Application:

 Anti-Discrimination Laws: Laws that prohibit employment discrimination based on gender, race,
or religion. For instance, the Anti-Sexual Harassment Act ensures that women are treated
equally in the workplace.

 Equal Rights for All Citizens: Every individual, regardless of wealth, has equal access to the legal
system and protections under the law.

4. Right Against Self-Incrimination (Article III, Section 17)

Provision:

 "No person shall be compelled to be a witness against himself."

Explanation:

 This protects individuals from being forced to testify or provide evidence that could incriminate
themselves, ensuring fairness in the legal system.

Example of Application:

 Miranda Rights: A suspect cannot be forced to answer questions or provide testimony that could
be used against them. This is especially important in criminal cases where the defendant’s
statements can influence the outcome of the trial.

 Right to Remain Silent: In police interrogations, suspects are informed that they have the right
to remain silent to avoid self-incrimination.

5. Right to Privacy (Article III, Section 3)

Provision:

 "The privacy of communication and correspondence shall be inviolable, except upon lawful
order of the court."

Explanation:

 Protects an individual’s right to private communication and correspondence. This ensures that
the government or other parties cannot freely invade personal spaces without a valid court
order.

Example of Application:

 Wiretapping Law: Government agencies cannot intercept private phone conversations without
proper court authorization, as this would violate the right to privacy.

 Search and Seizure: Police must obtain a warrant before entering a person’s home or searching
their property unless there are exceptional circumstances like a threat to national security.

6. Right to Be Informed (Article III, Section 7)

Provision:

 "The right of the people to information on matters of public concern shall be recognized."

Explanation:

 This provision guarantees that citizens have access to information about government actions,
allowing for transparency and accountability.

Example of Application:

 Freedom of Information Act: Citizens can request documents or information from government
agencies to check the use of public funds or to review government decisions.

 Media Access to Government Information: Journalists have the right to report on government
actions, such as public spending or the implementation of laws, ensuring that the government
remains accountable to the people.

7. Right to Form Associations (Article III, Section 8)

Provision:

 "The right of the people peaceably to assemble and petition the government for redress of
grievances."

Explanation:

 This allows individuals to come together to form associations, political parties, and unions,
advocating for collective interests or social changes.
Example of Application:

 Labor Unions: Workers forming unions to demand better working conditions, fair wages, and
labor rights.

 Political Parties: Citizens forming or joining political parties to campaign for specific policies or
candidates in elections.

8. Right to a Fair and Public Trial (Article III, Section 14)

Provision:

 "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial."

Explanation:

 This guarantees the right to a trial within a reasonable time, allowing both the accused and the
public to have access to court proceedings.

Example of Application:

 Criminal Cases: An accused person has the right to a fair trial, where they can present their
defense, and a judge delivers a verdict based on evidence and law.

 Public Trials: The trial is open to the public, ensuring transparency and preventing unjust secrecy
or bias in the legal process.

9. Freedom from Arbitrary Arrest or Detention (Article III, Section 2)

Provision:

 "No person shall be arrested except by virtue of a warrant of arrest issued by a competent
court."

Explanation:

 This provision ensures that individuals cannot be arbitrarily detained or arrested by law
enforcement. A court must issue an arrest warrant, and the individual must be informed of the
charges against them.

Example of Application:

 Warrants of Arrest: Police cannot arrest an individual without a proper warrant issued by a
court. Any arrest made without this legal process is considered unlawful.

The Philippine Congress

 Congress is the lawmaking body of the country, and it is vested with the power to make laws,
approve budgets, and perform oversight functions. As stipulated in the 1987 Philippine
Constitution, Congress consists of two houses: the House of Representatives and the Senate.
These two chambers work together to pass national laws, approve government policies, and
monitor the activities of the executive branch.

 The House of Representatives: Its Composition, Functions, and Legislative Process

 Composition:

 The House of Representatives is composed of 251 members, who are elected through two
systems: district representatives and party-list representatives.

 District Representatives: These members are elected by Filipino citizens from specific
congressional districts. Each district represents a geographical area within the country, and the
number of districts is based on population size. A district representative serves a term of three
years and can serve up to three consecutive terms.

 Party-list Representatives: These representatives are elected to represent specific sectors,

groups, or interests, particularly marginalized and underrepresented communities. The party-list
system is designed to ensure the representation of sectors such as farmers, workers, women,
youth, and indigenous groups. Party-list representatives are elected proportionally, based on the
number of votes received by their party.

 Members of the House of Representatives serve a three-year term, and they are eligible for re-
election for up to three consecutive terms.

 Functions:

 The House of Representatives plays a crucial role in the legislative process, and its primary
functions include:

 Lawmaking: The House is responsible for initiating and passing bills that become laws. Most
legislative proposals originate in the House, although bills on revenue and appropriations must
start in the House.

 Impeachment: The House has the power to initiate impeachment proceedings against high-
ranking officials, including the President, Vice President, members of the Supreme Court, and
other public officials. The House can file articles of impeachment, which are then tried by the
Senate.

 Budgeting and Fiscal Legislation: The House plays a significant role in the passage of the
national budget, as it is where the budget proposal is introduced and debated. The House is
tasked with ensuring that public funds are allocated and spent effectively.

 Representation: The House of Representatives acts as a forum for representing the concerns and
needs of the people, especially at the local and district levels. Representatives advocate for their
constituents' welfare by introducing bills, resolutions, and motions in Congress.

 Legislative Process:
 A bill passed by the House of Representatives must go through several stages:

 First Reading: The bill is introduced and its title is read in plenary. It is then referred to the
appropriate committee for deliberation.

 Committee Hearings: The bill is studied by a committee, which may invite experts, stakeholders,
and the public to provide input. The committee can amend the bill before submitting it to the
plenary.

 Second Reading: The bill is debated on the floor of the House, and amendments may be
proposed. If the bill passes the second reading, it is sent to the Senate for consideration.

 Third Reading: The final version of the bill is voted on by the members of the House. If
approved, it is sent to the Senate for concurrence.

 The Senate: Composition, Functions, and Role in Making National Laws

 Composition:

 The Senate is composed of 24 senators, who are elected at-large by the Filipino people through
a nationwide vote. Senators serve a six-year term and may serve a maximum of two consecutive
terms. They represent the entire country, unlike district representatives, who represent specific
geographical areas.

 The senators are elected through a plurality voting system, where the top 24 candidates with
the most votes win the election.

 Functions:

 Lawmaking: The Senate plays a key role in passing bills that are crucial to the functioning of the
government. While most laws originate in the House of Representatives, the Senate can
propose, amend, and pass bills.

 Concurrence in Impeachment Proceedings: The Senate holds the impeachment trial of public
officials who have been impeached by the House of Representatives. The Senate has the power
to convict or acquit the impeached official.

 Treaty Ratification: The Senate has the authority to ratify treaties and international agreements
entered into by the President. This power ensures that the Senate provides checks and balances
on international relations and foreign policy.

 Oversight Functions: The Senate serves as a check on the executive branch. Through its various
committees and public hearings, the Senate monitors government activities, particularly the use
of public funds, and investigates any allegations of corruption or mismanagement.

 Legislative Process in the Senate:

 The legislative process in the Senate follows a similar procedure as in the House:

 First Reading: A bill is introduced and read for the first time. It is then referred to the appropriate
committee for review.
 Committee Hearings: The bill is reviewed and debated by the relevant Senate committee, where
amendments and revisions may occur.

 Second Reading: The bill is presented for debate in the Senate plenary session, and further
amendments may be made.

 Third Reading: The final version of the bill is voted on by the Senate. If approved, the bill is sent
back to the House for final approval or amendment.

 Powers of the Legislature

 Congress has several powers that shape the direction of the nation. These powers enable
Congress to fulfill its role as the lawmaking body and ensure that government is accountable and
transparent.

 Lawmaking

 Process of Making Laws:

 Laws are created through a deliberative process where proposed bills are debated, amended,
and voted on by the House and the Senate. Both houses must approve a bill in identical form
before it is sent to the President for approval.

 Once a bill is passed by Congress, it is sent to the President for signing. If the President approves
it, it becomes law. If the President vetoes the bill, Congress may override the veto with a two-
thirds majority vote in both houses.

 Bills and Resolutions:

 Bills: These are legislative proposals that, once passed, become law. A bill can originate in either
the House or the Senate, except for revenue or appropriations bills, which must start in the
House.

 Resolutions: Resolutions are used to express the sentiments or positions of Congress on certain
issues. They do not have the force of law but are important in influencing policy or urging action.

 Power of the Purse

 Budget and Fiscal Oversight:

 Congress holds the critical power of the purse, meaning it controls government spending. The
President submits a national budget to Congress, but it is Congress that has the ultimate
authority to approve, modify, or reject it. This process is crucial for determining how public funds
are allocated across government agencies and programs.

 The House of Representatives plays a leading role in crafting the budget, while the Senate
reviews and makes amendments to the proposed budget before it is passed into law.

 Control Over Public Funds:

 Congress exercises significant oversight over public finances through its power to approve
appropriations and scrutinize the use of public funds. Congress can call for audits, investigations,
and reports from government agencies to ensure that funds are used responsibly and for their
intended purpose.

 Oversight Functions

 Monitoring Executive Actions:

 One of Congress’s key functions is to monitor and oversee the actions of the executive branch.
Through its committees, Congress investigates the activities of government agencies, particularly
when there are allegations of mismanagement, corruption, or inefficiency.

 Public Hearings: Congressional committees conduct public hearings to gather testimony, review
evidence, and assess the implementation of laws. These hearings provide transparency and
ensure that government actions align with the law.

 Impeachment:

 Congress also plays a critical role in the impeachment process. When a high-ranking public
official, such as the President, Vice President, or Supreme Court justices, is accused of
misconduct or other impeachable offenses, the House of Representatives can initiate
impeachment proceedings, while the Senate tries the case.

 The Electoral Process in the Philippines

 The electoral system in the Philippines is designed to ensure that members of Congress
represent the will of the people. The process involves elections, voting systems, and specific
qualifications and disqualifications for individuals running for office.

 How Members of Congress Are Elected

 Election of District Representatives:

 District representatives are elected in a first-past-the-post system where voters in each district
vote for their preferred candidate. The candidate with the highest number of votes wins the
seat.

 Election of Party-list Representatives:

 The party-list system is a proportional representation system that ensures representation for
marginalized and underrepresented sectors. Voters cast their ballots for political parties or
organizations that represent specific groups, and the number of seats won by a party-list group is
based on the proportion of votes it receives.

 Qualifications and Disqualifications:

 Qualifications for District Representatives:

  At least 25 years old on the day of the election.

 A citizen of the Philippines.

 A resident of the district for at least one year before the election.

 A registered voter in the district.

 Disqualifications:

 Candidates who have been convicted of criminal offenses, such as treason or bribery.

 Individuals who have been declared insane by a court.

 Persons holding public office who are in violation of the constitutional prohibition on dynasties
(i.e., close family members holding multiple political positions simultaneously).

 Qualifications for Party-list Representatives:

 The same basic qualifications apply to party-list candidates, with additional focus on
representing specific sectors or communities that are marginalized or underrepresented.

The Executive Branch of the Philippines

The Executive Branch of the Philippine government is responsible for implementing and enforcing laws,
overseeing the day-to-day administration of the government, and ensuring that public policies and
programs are executed effectively. The Executive is headed by the President, who holds significant
powers and duties. The Vice President, the Cabinet, and various Independent Constitutional
Commissions also play essential roles in ensuring the proper functioning of the executive arm of the
government.

The Presidency

Powers and Functions of the President

The President of the Philippines holds the highest executive office in the country. As the head of state
and head of government, the President holds considerable authority in governing the nation and
represents the country in both domestic and international matters.

1. Head of State:

o The President is the symbol of national unity and represents the Philippine sovereignty
both within the country and abroad. As the head of state, the President performs
ceremonial duties, such as delivering the State of the Nation Address (SONA), receiving
foreign dignitaries, and signing national laws and decrees into effect.

2. Head of Government:
 o As the chief executive, the President is responsible for overseeing the administration of
the government and ensuring that laws passed by the legislature are implemented
effectively.

o The President appoints key officials in the executive branch, including the members of
the Cabinet, heads of government agencies, and other high-ranking officials.

o The President exercises authority over government operations and the formulation of
public policies and national priorities.

3. Commander-in-Chief:

o Under the Constitution (Article VII, Section 18), the President serves as the Commander-
in-Chief of the Armed Forces of the Philippines (AFP). This gives the President the
authority to:

 Direct military operations in times of war or national emergency.

 Call out the armed forces to suppress insurrection or rebellion, or to address

national emergencies.

 Declare martial law under exceptional circumstances, though this is subject to

Congressional oversight and approval within a specified period.

o The President has the authority to mobilize military and law enforcement agencies to
maintain public order and national security.

4. Veto Powers:

o The President has the power to veto any bill that has been passed by Congress. A vetoed
bill can only become law if Congress overrides the veto with a two-thirds majority in
both houses (Article VI, Section 27). This power ensures that the President can protect
national interests, particularly in cases where a proposed law may be deemed
unconstitutional or harmful to the public welfare.

5. Foreign Relations:

o The President represents the Philippines in international affairs, including the

negotiation of treaties and agreements with foreign governments (Article VII, Section
21). The President’s role in foreign policy extends to:

 Appointing ambassadors and diplomatic representatives.

 Directing the foreign policy agenda of the nation.

 Engaging in diplomatic negotiations, ensuring that the country’s interests and

sovereignty are protected on the global stage.

o The President also has the authority to declare war, but only with the consent of
Congress, or after being attacked by another country.
The Vice President: Powers, Duties, and Functions

The Vice President of the Philippines holds an important constitutional position. While the Vice
President’s role is largely ceremonial, the office comes with important powers and duties:

1. Powers and Duties:

o The Vice President serves as a backup to the President, stepping in as President in case
of the President's death, resignation, incapacity, or impeachment. This is known as the
line of succession (Article VII, Section 8).

o The Vice President is also a member of the Cabinet, and may be tasked with specific
administrative duties or assigned as the head of a particular government project or
agency by the President.

o Though not required by the Constitution, many Vice Presidents also serve as advisors to
the President and may represent the President in certain ceremonial roles or at
international events.

2. Line of Succession:

o If the President is unable to perform the duties of the office, the Vice President
immediately assumes the office of President. This line of succession ensures the
continuity of government leadership in cases of vacancy in the presidency.

o If both the President and Vice President are unable to serve, the President of the Senate
and the Speaker of the House of Representatives are next in line to assume the
presidency.

The Cabinet and Executive Departments

The Cabinet is composed of the heads of various executive departments, and it functions as the
President’s primary advisory body in formulating public policies and making important governmental
decisions.

Organization and Structure of Executive Departments

1. Executive Departments:

o The President is vested with the power to create, reorganize, and control executive
departments under the Constitution. These departments are responsible for
administering various government functions such as health, education, justice, finance,
social welfare, and national defense.

o Some of the key executive departments include:

 Department of National Defense (DND): Responsible for protecting the country

from external and internal threats.
  Department of Health (DOH): Oversees healthcare programs and services for
the public.

 Department of Education (DepEd): Manages the education system, from

primary to secondary schools.

 Department of Foreign Affairs (DFA): Handles foreign relations, embassies, and

consulates.

 Department of Finance (DOF): Manages the country’s fiscal policy, revenue

collection, and budgeting.

2. Appointments and Control:

o The President appoints the heads of these departments, known as secretaries, who are
responsible for the day-to-day operations and implementation of government policies in
their respective areas.

o These appointments require confirmation by the Commission on Appointments (Article

VII, Section 16). Cabinet members serve at the pleasure of the President, meaning they
can be dismissed or replaced at any time.

Role of the Cabinet and its Function in Formulating Public Policy

1. Advisory Role:

o The Cabinet meets regularly to advise the President on national and international issues,
propose new laws, and draft executive orders and proclamations.

o Cabinet members, as heads of their respective departments, bring expertise and insight
into specific areas of governance. They assist the President in developing and
implementing policies that align with the government's goals and national interests.

2. Implementation of Policies:

o The Cabinet is tasked with executing and implementing the President’s agenda through
the government’s various agencies and services. This includes ensuring that programs
related to national security, economic development, social welfare, and education are
effectively carried out.

o The Cabinet’s function in coordinating between different government agencies is also

critical in ensuring that policies are cohesive and work toward the common good.

Independent Constitutional Commissions

The Philippine Constitution establishes several Independent Constitutional Commissions that help
maintain the system of checks and balances in the government. These commissions operate
independently of the Executive, Legislative, and Judicial branches and are critical in ensuring
accountability, transparency, and fairness in government processes.
The Commission on Elections (COMELEC)

 Role in Overseeing Elections:

o The COMELEC is an independent body tasked with overseeing elections, referendums,

and plebiscites in the Philippines. It ensures the fairness and integrity of the electoral
process by regulating and administering elections for national and local offices, ensuring
compliance with the election laws, and investigating electoral fraud.

o It is responsible for voter registration, establishing polling places, ensuring that

candidates adhere to campaign rules, and handling the overall election process from
start to finish.

 Composition and Powers:

o The Commission is composed of a Chairman and two Commissioners, all of whom are
appointed by the President. However, their independence from the executive branch
allows them to carry out their duties impartially and without undue interference.

The Civil Service Commission (CSC)

 Ensuring Merit and Fitness in the Civil Service:

o The CSC is the central body responsible for overseeing the civil service system, which
includes the recruitment, selection, and promotion of public servants. The Commission
ensures that appointments to government positions are made based on merit, fitness,
and competence.

o The CSC also regulates the conduct of public servants, providing guidelines and
implementing measures that promote professionalism, accountability, and ethical
behavior in the public service.

o It is responsible for setting policies related to the career service, disciplinary actions,
and the training and development of government employees.

The Commission on Audit (COA)

 Auditing Government Expenditures and Ensuring Financial Accountability:

o The COA is responsible for auditing all government expenditures, ensuring that public
funds are used properly, efficiently, and accountably.

o It reviews government programs, scrutinizes the financial statements of government

agencies, and investigates alleged misuse of public funds.

o The COA ensures that public resources are spent according to the law, and it plays a key
role in preventing corruption by identifying wasteful or unlawful spending practices.

The Judicial Branch of the Philippines

The Judicial Branch of the Philippines plays a crucial role in interpreting the law, ensuring that laws
passed by Congress and actions taken by the executive are consistent with the Constitution, and
protecting the rights and freedoms of individuals. The Philippine judiciary is tasked with ensuring justice,
upholding the rule of law, and providing a forum for the peaceful resolution of disputes. It operates
through a system of courts, with the Supreme Court at the pinnacle of the judicial hierarchy.

The Judiciary System in the Philippines

The judiciary is responsible for interpreting the laws and ensuring that the government acts within its
constitutional boundaries. The courts are independent and separate from both the legislative and
executive branches, thus providing a system of checks and balances.

The Supreme Court: Its Role as the Highest Judicial Body, Judicial Review, and Interpreting the
Constitution

1. Role as the Highest Judicial Body:

o The Supreme Court of the Philippines is the highest judicial body in the country. It
serves as the court of last resort, meaning that its decisions are final and binding. The
Court has the power to review cases and issues that have been appealed from lower
courts or have national significance.

o The Chief Justice leads the Supreme Court, and the court is composed of 14 associate
justices. The justices are appointed by the President from a list of nominees provided by
the Judicial and Bar Council (JBC). The justices serve for life or until they reach the
mandatory retirement age of 70.

2. Judicial Review:

o The Supreme Court has the power of judicial review, which allows it to review and
invalidate laws, executive actions, or other governmental acts that it deems
unconstitutional (Article VIII, Section 1). Judicial review is one of the most important
functions of the Court, as it ensures that laws and policies comply with the Constitution
and protects the rights of citizens.

o Through judicial review, the Supreme Court acts as a check on the powers of both the
executive and legislative branches. If a law passed by Congress or an executive order
issued by the President is challenged as unconstitutional, the Court has the power to
declare it void if it violates the Constitution.

o The Supreme Court can also review treaties and international agreements to ensure
they align with the Constitution. This power of judicial review is essential to maintaining
the supremacy of the Constitution in the country’s legal system.

3. Interpreting the Constitution:

o As the final interpreter of the Constitution, the Supreme Court plays a vital role in
clarifying and explaining constitutional provisions. This is especially important when
constitutional issues or ambiguities arise, and the Court's decisions provide the
framework for understanding how the Constitution should be applied in modern times.
 o The Supreme Court’s interpretation of the Constitution is significant because it shapes
the development of Philippine jurisprudence and guides both the legislature and the
executive in their actions.

Lower Courts: Regional Trial Courts, Municipal/Metropolitan Trial Courts, and Specialized Courts

Below the Supreme Court, there are several lower courts that handle different types of cases, each with
distinct functions:

1. Regional Trial Courts (RTC):

o The Regional Trial Courts (RTC) are the primary trial courts in the Philippines. They have
general jurisdiction, meaning they can hear almost all types of cases, including civil,
criminal, and family-related cases.

o The RTC also has appellate jurisdiction over certain cases that have been decided by the
Municipal Trial Courts or Metropolitan Trial Courts. In addition, the RTC can hear cases
related to the protection of constitutional rights and the writ of habeas corpus.

2. Municipal Trial Courts (MTC) and Metropolitan Trial Courts (MeTC):

o Municipal Trial Courts (MTC) and Metropolitan Trial Courts (MeTC) handle less serious
cases involving criminal offenses (such as theft, minor assault, etc.) and civil cases with
smaller monetary values.

o These courts typically handle cases that do not fall under the jurisdiction of the RTC, and
they are often the first point of contact for most citizens seeking legal redress in the
Philippines.

3. Specialized Courts:

o The Philippine judicial system includes several specialized courts that handle specific
types of cases. These include:

 Family Courts: Specialize in family law cases such as divorces, adoptions, child
custody, and domestic violence.

 Labor Courts: Handle cases related to labor disputes, including those between
employers and employees concerning labor practices, unions, and employment
terms.

 Commercial Courts: Address commercial disputes, particularly in the context of

business transactions, corporate governance, and competition law.

 The Sandiganbayan: A special anti-corruption court that hears cases involving

government officials accused of graft, corruption, and other abuses of power.
The Sandiganbayan is a specialized court that is tasked with ensuring the
integrity and accountability of public servants.
Judicial Review

Judicial review is one of the fundamental powers of the judiciary. It enables the courts to determine
whether an act or law passed by Congress, or an executive action taken by the President or government
officials, is in conformity with the Constitution. This power helps ensure that the government remains
accountable to the Constitution and the rule of law.

The Power of Courts to Declare Acts of Congress or the President Unconstitutional

1. Scope of Judicial Review:

o Under the principle of judicial review, the Supreme Court can invalidate laws, executive
orders, or treaties that violate the Constitution. This power of review is critical in
protecting the fundamental rights of the people and preserving democratic principles.

o Judicial review ensures that the separation of powers is respected, as it serves as a

check on the other branches of government, particularly the legislative and executive
branches. For instance, if Congress passes a law that infringes on constitutional rights or
if the President issues an executive order that exceeds their powers, the judiciary can
intervene by declaring such acts void.

o The power of judicial review also acts as a safeguard against abuses of power. It ensures
that no branch of government becomes too powerful or violates constitutional limits.

2. Impact of Judicial Review on Philippine Law:

o Judicial review has played a significant role in shaping Philippine legal history. Through
landmark decisions, the Supreme Court has clarified the interpretation of various
provisions in the Constitution, ensuring that the principles of democracy, justice, and
human rights are upheld.

o Examples of significant cases where judicial review was exercised include the Elections
Code case, where the Court declared parts of the law as unconstitutional, and the
Sereno Impeachment case, where the Court reviewed the process for the removal of a
sitting chief justice.

The Role of Judges and Lawyers

Judges and lawyers are critical players in the Philippine judicial system. Their role is vital in upholding the
rule of law, ensuring fair trials, and maintaining justice in society.

The Process of Judicial Appointment

1. Judicial Appointment:

o Judges are appointed by the President, but they must be nominated by the Judicial and
Bar Council (JBC). The JBC is an independent body responsible for recommending
candidates for judicial positions. The JBC evaluates applicants based on criteria such as
experience, qualifications, competence, and integrity.
 o Once nominated, the President appoints judges to various levels of the judiciary. For
positions in the Supreme Court, the appointee must be at least 40 years old, have at
least 15 years of practice as a lawyer, and have demonstrated integrity and
competence. The President’s appointments must also be confirmed by the Commission
on Appointments.

2. Independence of the Judiciary:

o The independence of the judiciary is fundamental to the Philippine legal system. Judges
must be free from political pressure, external influence, and corruption in their decision-
making. This independence ensures that justice is served impartially and fairly, and that
the judiciary can act as an effective check on the other branches of government.

o Judicial independence is critical for the preservation of democracy and the protection of
fundamental rights. It allows judges to make decisions based solely on the law and the
facts of the case, without fear of reprisal or interference from political powers.

The Importance of Lawyers in the Judicial System

1. Role of Lawyers:

o Lawyers, also known as attorneys or legal counsels, are essential to the judicial process.
They represent individuals and entities in legal matters, ensuring that their clients' rights
are protected and advocating on their behalf in court.

o Lawyers also serve as advisors, helping individuals and organizations navigate complex
legal issues and providing counsel on matters of law, legal procedures, and contract
formation.

2. Advocacy and Legal Ethics:

o The legal profession is guided by ethical standards that emphasize honesty, integrity,
and respect for the law. Lawyers are expected to uphold the rule of law, represent their
clients zealously within the bounds of the law, and avoid conflicts of interest.

Local Government and Political Subdivisions

The local government system in the Philippines is designed to promote decentralization, empower local
communities, and ensure the delivery of basic services to citizens at the grassroots level. The
Constitution envisions a structure that allows for the effective administration of government functions
while respecting the autonomy of local government units (LGUs). Local governance is essential to
promote democratic participation and address the specific needs of diverse regions across the country.

Local Government Units (LGUs)

Local Government Units (LGUs) are political subdivisions in the Philippines that serve as the primary
administrative and governing entities at the local level. The structure and functioning of LGUs are
governed by the Local Government Code of 1991 (Republic Act No. 7160), which decentralizes certain
powers from the national government to local governments, enabling them to have more control over
their affairs and resources.

Structure of LGUs

The Philippine local government system is composed of four levels: provinces, cities, municipalities, and
barangays. Each level has its own governing bodies, powers, and functions.

1. Provinces:

o A province is the largest political unit within the LGU system, made up of cities,
municipalities, and barangays.

o A province is governed by an elected governor and a provincial board that passes

ordinances and laws for the benefit of the province. The governor is the chief executive
of the province, responsible for implementing laws and ensuring the delivery of services
to the people.

2. Cities:

o Cities are urban areas that have their own governance structures. There are two types of
cities: highly urbanized cities and component cities.

o A city is led by an elected mayor who serves as the chief executive. The legislative body
of the city is the city council.

o A highly urbanized city is typically more independent from the province, while a
component city remains under the jurisdiction of the province.

3. Municipalities:

o Municipalities are smaller than cities but still serve as major political subdivisions. They
consist of several barangays and have their own local government headed by an elected
mayor.

o Like cities, municipalities have a municipal council that functions as the legislative body.

4. Barangays:

o Barangays are the smallest administrative units in the Philippines, often referred to as
villages or neighborhoods. Each barangay has its own barangay captain and barangay
council.

o The barangay is the most accessible form of government, providing basic services such
as healthcare, education, and public order at the local level.

The Local Government Code of 1991: Decentralization of Power and Devolution of Functions

The Local Government Code of 1991 (RA 7160) is a landmark piece of legislation that introduced
significant reforms in local governance by promoting decentralization and the devolution of power from
the national government to local governments. Prior to the code, the central government had a more
dominant role in local governance. The implementation of the Local Government Code was aimed at
improving local governance and enhancing the accountability and efficiency of LGUs. Key aspects of the
Code include:

1. Devolution of Powers:

o The Code transferred many administrative and political functions from the national
government to local governments. This allowed LGUs to make decisions on matters
directly affecting their constituents.

o Local governments were granted greater autonomy in managing resources and

overseeing public welfare, education, health, agriculture, public works, and more.

2. Revenue Generation and Resource Management:

o The Local Government Code provided for fiscal decentralization, giving LGUs a larger
share of national revenue (the Internal Revenue Allotment or IRA) for local
development. This provided LGUs with the financial means to improve infrastructure,
health services, and other local priorities.

o LGUs were also given the authority to generate their own funds through local taxes and
fees, which further empowered them to meet local needs.

3. Local Legislation:

o LGUs gained the power to enact their own local ordinances and regulations to address
local issues, provided that such laws do not conflict with national laws. Local legislative
bodies, such as provincial boards and city councils, were established to pass ordinances,
approve budgets, and monitor local governance.

4. Enhanced Public Participation:

o The Local Government Code encourages community involvement and participation in

local governance. Through consultations and public hearings, citizens are given the
opportunity to provide input on local policies, programs, and projects.

Autonomous Regions

Autonomous regions were created to recognize the need for greater self-governance and development
in specific regions of the Philippines. These regions have a unique status, allowing them to have a higher
degree of independence in managing local affairs.

The Autonomous Region in Muslim Mindanao (ARMM)

1. Structure and Functions of the ARMM:

o The Autonomous Region in Muslim Mindanao (ARMM) was established through

Republic Act No. 6734 in 1989 and later modified by Republic Act No. 9054 in 2001. The
ARMM covers several provinces in the Mindanao region, including Maguindanao, Lanao
del Sur, Sulu, Tawi-Tawi, and Basilan.
 o The ARMM had its own regional government, which included an Executive Department
headed by a Governor and a Regional Legislative Assembly that passed laws specific to
the region. The regional government had powers to govern over matters such as
education, health, and public works.

2. Issues Surrounding Regional Autonomy:

o While autonomy was granted to the ARMM to address issues of Muslim self-
determination and promote regional development, it faced significant challenges. These
included corruption, inadequate governance, and political instability, which hindered
effective local governance.

o There have been continuous calls for the improvement or expansion of regional
autonomy in Mindanao, especially to address the socio-economic issues that have long
affected the region.

The Push for a Federal System

1. Federalism Debate:

o A significant debate in Philippine politics has revolved around the idea of shifting from a
unitary system to a federal system of government. Under a federal system, political
power would be divided between the national government and regional governments
with greater autonomy over their internal affairs.

o Supporters of federalism argue that it would help address the imbalances in wealth and
development between regions, particularly in Mindanao. It is seen as a way to empower
local communities, increase regional self-sufficiency, and ensure that resources are
distributed more equitably.

2. Federalism and Local Governance:

o If a federal system were adopted, regions such as Mindanao and the Visayas would
have greater control over their economic resources, taxes, and public services.
Federalism proponents believe that this would reduce dependence on the central
government and allow for more responsive local governance.

o However, the proposal for federalism remains controversial, with concerns about its
potential to increase regional inequalities or create governance issues at the local level.
The debate continues, and the transition to federalism is one of the key issues that local
governments must navigate.

Elections and Governance at the Local Level

Local government elections are essential to maintaining democracy and ensuring that citizens have the
opportunity to choose their leaders at the grassroots level. The electoral process for local government
officials is governed by national laws, including the Omnibus Election Code and the Local Government
Code of 1991.
The Electoral Process for Local Government Officials

1. Elections for Local Officials:

o Governors are elected at the provincial level, mayors at the city or municipal level, and
barangay captains at the barangay level. Local elections are held every three years
alongside national elections.

o Local elections determine the leadership of LGUs and their ability to govern their
respective territories. The candidates for these positions must meet specific
qualifications, such as being a registered voter in the area and having a certain length of
residency.

2. Qualifications for Local Officials:

o Governors must be at least 23 years old on the day of the election and have been
residents of the province for at least one year.

o Mayors and municipal mayors must meet similar requirements, including a minimum
age of 23 years and residency requirements specific to their locality.

o Barangay captains must be 21 years old and must reside in the barangay in which they
are running.

3. Voting System:

o Local government elections are typically conducted through a plurality voting system,
where the candidate with the most votes wins. The election process is managed by the
Commission on Elections (COMELEC), which ensures the transparency and fairness of
local elections.

4. Campaign and Political Parties:

o Local candidates often campaign based on issues that directly affect their communities,
such as infrastructure development, education, healthcare, and public order. The
involvement of political parties in local elections varies by region, with some local
elections being highly party-driven while others may see independent candidates.

5. Governance at the Local Level:

o Once elected, local government officials are responsible for addressing the needs of
their constituents and ensuring that essential services, such as healthcare, education,
infrastructure, and public safety, are delivered effectively. They also play a crucial role in
making policies, laws, and ordinances that are specific to their locality.

o Local governments can also promote economic development through local programs
and services designed to address community needs, promote job growth, and improve
the quality of life for their constituents.

o The Electoral System

o The electoral system in the Philippines is a mixture of First-Past-the-Post (FPTP) for
certain positions and a party-list system for others. This system is designed to balance
between geographical representation and the inclusion of various social and political
sectors in the legislative process.

o First-Past-the-Post (FPTP) System

o FPTP is used for electing members of the House of Representatives and Senate in the
Philippines.

o House of Representatives: The country is divided into single-member districts. The

candidate with the highest number of votes in each district wins the seat. The system
ensures a direct and clear representation of each geographical area in the legislative
body.

o Senate: The Senate is composed of 24 members who are elected at-large, meaning they
are elected by the entire country, not by specific districts. Each voter casts a vote for 12
senators, and the candidates with the highest number of votes win the seats. The
system enables the election of senators who represent the interests of the country as a
whole, rather than specific regions or localities.

o Party-List System

o The party-list system is designed to represent various sectors, organizations, and groups
that may not have direct geographical constituencies. It is particularly focused on
marginalized groups and ensures proportional representation in the legislature.

o Under this system, sectoral parties or organizations are represented in the House of
Representatives based on the number of votes they receive in a nationwide election.
These parties are allocated seats in proportion to their share of the total votes cast for
all party-list candidates, provided they meet a certain threshold of votes.

o The party-list system aims to bring attention to sectors such as labor, youth, women,
farmers, indigenous peoples, and other underrepresented groups. It serves as a
mechanism for inclusivity and diversity within the legislative process.

o The Role of the Commission on Elections (COMELEC)

o The Commission on Elections (COMELEC) plays a critical role in overseeing the conduct
of elections in the Philippines. It is an independent constitutional body responsible for
ensuring that elections are free, fair, transparent, and credible.

o Responsibilities of COMELEC:

o Supervision of Elections: COMELEC is tasked with the overall supervision and

administration of all national and local elections, referendums, and plebiscites. This
includes overseeing the voter registration process, conducting voter education, and
managing the election day procedures.
o Regulating Political Parties and Campaigns: COMELEC enforces the rules surrounding
political parties, campaign financing, and the use of government resources in elections.
It also monitors compliance with campaign laws and regulations.

o Voter Registration: COMELEC is responsible for the voter registration process, ensuring
that all eligible voters are listed in the Official List of Voters. The agency also works to
clean the voter registry by eliminating duplicate or ineligible registrations.

o Election Results and Disputes: COMELEC certifies the election results and handles
election disputes and complaints, ensuring that the outcome reflects the will of the
electorate.

o Campaign Oversight: COMELEC monitors campaign activities, such as political

advertisements, spending, and the conduct of campaign rallies, to ensure that
candidates and parties comply with election laws.

o Voter Rights and Responsibilities

o The right to vote is fundamental in a democracy. It gives citizens the power to

participate in the selection of government officials and the shaping of public policy.
However, alongside rights, voters also have responsibilities to ensure the integrity and
fairness of the electoral process.

o Voter Eligibility and Registration Process

o Eligibility to Vote: According to Philippine law, a person must meet the following criteria
to be eligible to vote:

o Be a citizen of the Philippines.

o Be at least 18 years old on the day of the election.

o Be a resident of the Philippines for at least one year and of the local district for at least
six months prior to the election.

o Not be disqualified by law, such as individuals convicted of certain crimes or those

declared insane by a court of law.

o Voter Registration: To register as a voter, individuals must personally submit their

registration application to the local COMELEC office. This process involves providing
personal information, undergoing biometric registration (e.g., fingerprinting and
photographs), and being added to the official voter’s list.

o Registration Periods: Voter registration is usually conducted months before an election,

with specific deadlines set by COMELEC. It is essential that eligible voters are registered
to cast their votes during elections.
o Voter Identification: Voters are issued an official voter’s ID, which is required to cast
ballots on election day. This process helps to prevent voter impersonation and ensure
that only registered individuals are allowed to vote.

o Voter Rights and Protections Against Disenfranchisement

o Right to Cast a Vote: Every eligible voter has the right to cast a ballot freely and without
coercion or intimidation. The system ensures equal voting rights for all citizens.

o Right to a Secret Ballot: Voters are guaranteed that their votes will remain confidential,
ensuring that they can vote according to their own beliefs and preferences without fear
of retaliation or pressure.

o Protection Against Voter Disenfranchisement: Laws are in place to protect voters from
being unjustly denied their right to vote. These protections include ensuring that eligible
voters are not removed from the registry or blocked from voting without due process.

o Campaign Laws

o Campaign Spending Limits: There are strict rules governing campaign spending in the
Philippines to ensure that wealth does not disproportionately influence elections. These
laws place limits on how much a candidate or party can spend on their campaign,
including advertising and rally expenses. Violations of these limits can result in the
disqualification of candidates.

o Political Advertisements: There are regulations governing political advertisements,

particularly regarding their duration, placement, and timing. The law requires that such
advertisements must be paid for by the candidates themselves or their political parties.
Additionally, there are rules on the proportion of time that each candidate or party can
utilize in television and radio campaigns.

o Campaign Materials: The law also regulates the use of campaign materials, including
posters, billboards, and flyers. For example, materials must be posted only in designated
areas, and illegal posting of materials (e.g., on public infrastructure) is subject to
penalties.

o Political Endorsements: There are rules against political endorsements from

government officials or employees during election periods. These regulations prevent
the abuse of government resources and influence to sway public opinion during
campaigns.

o Election Fraud and Accountability

o One of the most significant concerns in any democratic system is the potential for
electoral fraud. In the Philippines, there are various legal provisions aimed at preventing
 and penalizing fraudulent activities during elections to ensure the integrity of the
electoral process.

o Legal Provisions Regarding Electoral Fraud

o Vote-Buying: Vote-buying is one of the most common and egregious forms of electoral
fraud in the Philippines. The practice involves offering money or goods to voters in
exchange for their vote. This is considered illegal under Philippine election laws, and
offenders face severe penalties, including disqualification from public office,
imprisonment, and fines.

o Electioneering: Electioneering refers to acts of campaigning or promoting a candidate at

prohibited times or places. For example, government employees are prohibited from
campaigning during work hours or using government resources for personal political
gain. Such activities are punishable by law.

o Manipulation of Votes: Manipulation of vote counting, such as tampering with ballots,

changing vote tallies, or destroying ballot boxes, is also strictly prohibited. Election
officials found engaging in these activities face legal action, including criminal charges.

o Ghost Voters: The practice of registering and voting on behalf of individuals who are not
eligible or have not given consent (i.e., ghost voting) is considered a form of fraud and is
punishable under election law.

o Accountability and Penalties

o COMELEC Oversight: The COMELEC is responsible for investigating allegations of

electoral fraud. It has the authority to cancel the registration of political parties or
candidates engaged in fraudulent activities.

o Election Protest: In cases of suspected fraud or irregularities, a candidate or party may

file an election protest with the COMELEC or the appropriate courts. This legal process
aims to determine the legitimacy of election results and remedy any violations.

o Penalties for Fraudulent Acts: Those involved in fraudulent activities, including

candidates, campaign officials, or voters, may face criminal charges, imprisonment, and
fines. Election fraud undermines democracy and threatens the fairness of the election
process, which is why strict penalties are in place to deter such acts.