The Philippine Government Law Politics and Philosophy
The Philippine Government Law Politics and Philosophy
The Philippine Government Law Politics and Philosophy
Tuguegarao City, Cagayan. Atty. MICHAEL JHON M. TAMAYAO manages this blog. Contact:
mjmtamayao@yahoo.com.
1. Explain the basic political law doctrines involving the Philippine Government;
3. Identify and compare the respective roles, functions and composition of the branches of the
government; and
4. Explain and distinguish the powers, functions, and jurisdiction of the three Constitutional
Commissions.
PRELIMINARIES
SEPARATION OF POWERS
The Doctrine of Separation of Powers entails: first, the division of the powers of the
government into three, which are legislative, executive, and judicial; and second, the
distribution of these powers to the three major branches of the government, which are the
Legislative Department, Executive Department, and the Judicial Department. Basically, it
means that the Legislative Department is generally limited to the enactment of the law and not
to implementation or interpretation of the same; the Executive Department is generally limited
to the implementation of the law and not to the enactment or interpretation of the same; and
the Judicial Department is generally limited to the interpretation and application of laws in
specific cases and not to the making or implementation of the same.
From the examples above one can understand the corollary doctrine of “checks and balances.”
Under the doctrine, there is no absolute separation of the three branches of the government,
but to maintain their coequality each department checks the power of the others. Generally, the
departments cannot encroach each others’ power, but constitutional mechanisms allow each
one of them to perform acts that would check the power of others to prevent monopoly,
concentration, and abuse of power. For example, the Judicial and Bar Council recommends
nominees to the President so that the latter will not capriciously appoint someone whom he
can easily convert into a puppet and thereby become his medium to control the judiciary. In the
same way, the disbursement of public funds cannot depend solely upon the discretion of the
President, but must be based on legislation by the Congress.
Presidential System
The Philippines has a presidential form of government because it observes the principle of
separation of powers. The ordinary connotation of presidential system is that it is headed by a
president, as distinguished from a parliamentary system which is headed by a prime minister.
The real essence, however, of the presidential system and that which distinguishes it from the
parliamentary is its strict observance of the separation of powers. Under the presidential
system, any governmental act in violation of the said doctrine is null and void. The
government is divided into three branches and each is limited to the power delegated to it. On
the contrary, under the parliamentary form, the legislative and executive branches are
“coordinate branches” so that the two organs are fused together as one body performing both
legislative and executive functions. The Prime Minister, for example, is chosen from among the
lawmakers in the parliament to become the head of the state. His term is at the pleasure of the
parliament, thus, making the executive branch intrinsically merged with the legislative.
Legislative Power
Non-Delegation of Powers
Party-list Representation
1. Meaning and Purpose. The party-list system aims at establishing representation of the
underprivileged. It is a social justice tool designed not just to make the underprivileged mere
beneficiaries of law but to make them lawmakers themselves. It opens up the political system
to the prejudiced and underrepresented sectors of the society. Under the present rule, however,
party-list representatives need not represent only the marginalized and the underrepresented;
national political parties can participate through their sectoral wings provided they are
registered separately in the COMELEC. Party-list representatives after all may represent not
just a marginalized or underrepresented sectors but also “ideologies” germane to democracy.
2. Parameters for Allocation of Seats. As to the allocation of seats of party-list representatives in
the House of Representatives, the parameters are:
(a) Twenty percent allocation in the House (Sec. 5(2), Art. VI);
(b) To qualify to a seat, at least two percent of the votes is casted on the party;
(c) A qualified party is entitled to a maximum of three seats; and
(d) Proportional representation as to the number of additional seats vis-à-vis the total number
of votes cast.
1. Kinds of Session. The Congress has regular sessions and special sessions. On the one hand,
the regular sessions are conducted once a year starting on the fourth Monday of July and
continue as long as the Congress deems it necessary but only until thirty days before the next
regular session. On the other hand, special sessions are conducted anytime upon the call of the
President on subjects he wishes to consider. This can last for as long as the Congress wants.
2. Quorum. In order to transact business during its regular or special sessions, each House
must meet the quorum or majority of the body. One half of the members plus one is the
majority. No law can be passed or a legislative function discharged unless the quorum is
reached. In determining the quorum, however, members who are abroad, suspended or
otherwise prevented from participating are not counted. Only those who are in the Philippines
and on whom the Congress has coercive power to enforce its authority and command are
counted. For example, if one of the members of the Senate is outside the Philippines, the base
number is twenty three because the Senator abroad is not counted. The quorum is therefore
twelve since it is the majority of twenty three.
3. Recess. Thirty days before the next regular sessions, the Congress shall have its compulsory
Parliamentary Immunities
1. Meaning. Parliamentary immunity refers to the privilege given to Members of the Congress
intended to ensure their effective discharge of legislative functions and maintenance of
representation in the Congress.
2. Two Kinds of Immunity. The Constitution provides two kinds of immunities: “immunity
from arrest” and “privilege of speech and debate.” Section 11, Article VI states: “A Senator or
Member of the House of Representatives shall, in all offenses punishable by not more than six
years imprisonment, be privileged from arrest while the Congress is in session. No Member
shall be questioned nor be held liable in any other place for any speech or debate in the
Congress or in any committee thereof.”
(a) Immunity from arrest refers to the freedom of Senators and Members of the House of
Representative from arrest while the Congress is in session, whether regular or special, from
the time it convenes until its final adjournment. The offense, however, of which the arrest is
made must not be punishable for more than six years of imprisonment. For example, if Senator
Pedro is charged for the crime of simple theft while the Congress is still in session, he cannot be
arrested because simple theft is not punishable for more than six years of imprisonment. But if
he is charged for rape, he may be arrested even though the Congress is in session because rape
is punishable by more than six years imprisonment.
(b) Privilege of speech and debate refers to the freedom of Senators and Members of the House
of Representatives from being questioned or held liable in any place for any speech or debate
in the Congress or in any committee thereof. This is to give leeway to the members of the
Congress to express their ideas without fear of being held liable in the courts of justice for the
effective discharge of their duties. It must be noted, however, that the privilege is effective only
in speeches and debates made in the Congress or in those uttered by the legislator in his
capacity as member of the Congress. Moreover, although the legislator cannot be held liable
before the courts, he could be held liable in the Congress itself for words or conduct
unbecoming of a member. For example, if Congressman Pedro, during his speech before the
House, uttered unsavory remarks against a fellow member, he cannot be charged for libel
before the courts but he can be made liable in the House itself for words or conduct
unbecoming of a member of the House.
Independent Bodies
1. The Constitution creates two independent bodies in the Congress especially to perform non-
legislative functions and to check the appointing power of the Chief Executive, to wit: (a) the
Electoral Tribunals and (b) Commission on Appointments. Although majority of their members
come from the Congress, they considered independent bodies in that they have the exclusive
right to prescribe their own rules of procedure, they have their own set of employees who are
under their control and supervision, and they have their own function distinct from that of the
Congress.
2. Electoral Tribunal. To ensure fairness and impartiality in deciding election contests involving
members of the Congress, each House in the Congress shall have an Electoral Tribunal: the
“Senate Electoral Tribunal” in the Senate, and “House of Representatives Electoral Tribunal” in
the House of Representatives. Each Electoral Tribunal shall be the sole judge of all contests
relating to the election, returns, and qualifications of their respective Members. Each shall be
composed of nine members, three are Justices of the Supreme Court, and six are members of
the Senate or the House of Representatives, as the case may be. The Chairman shall be the
senior Justice. While the member Justices are designated by the Chief Justice of the Supreme
1. Bill vs. Statute. Among the most important things studied in Article VI, The Legislative
Department, is the procedure of how a bill becomes a law. A bill is a proposed law. As such, it
is not yet binding nor does it confer or affect the rights and duties of individuals. It becomes a
law only after it has gone through all the formalities and solemnities of the legislation process
as prescribed in the Constitution. The law enacted by the Congress is called a statute.
2. The procedure is as follows:
(a) A bill is introduced by any Member of the Senate or the House of Representatives by filing it
with the Office of the Secretary where it is calendared for the First Reading. Some bills,
however must originate exclusively from the House of Representatives, such as the
appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local
application, and private bills, although the Senate may propose or concur with amendments.
(b) During the first reading the number, title, and name/s of author/s are read. The subject of
the bill as expressed in its title must only be one in order to avoid hodge-podge or log-rolling
legislation which entails insertion of many unrelated subjects. The bill is referred to an
appropriate committee for study. Public hearings or consultations may be conducted by the
committee before it recommends the bill for approval, with or without amendments, or for
consolidation with similar bills, or for disapproval. If it is disapproved, the bill is said to be
“killed.” If approved or reported out, it will calendared for the second reading.
(c) During the second reading, which is the start of the most important stage, the bill is read in
its entirety, together with the amendments introduced by the committee, if there are any. The
bill will thereafter be debated upon and amended if the members deem it necessary.
Executive Power
1. Meaning. Executive power includes, first, the power to implement and administer the law,
and, second, other powers necessary to carry out the same. Section 1, Article VII provides that
“the executive power shall be vested in the President of the Philippines,” so that his primary
role is to ensure that the laws are faithfully executed. That executive power is given to the
President alone makes him the most potent official in the government. But while much is given
to him, much is also expected. The limits of his awesome powers are structurally provided in
the Constitution to prevent irresponsible and despotic exercise thereof.
2. Doctrine of Qualified Political Agency. While executive power is given only to the President,
the President can appoint “Members of his Cabinet” whom the law considers as his “alter
egos” (extensions of himself). Under the doctrine of qualified political agency, the acts of the
Members of the Cabinet are deemed to be the acts of the President unless reprobated or altered
by him. The Cabinet Members are political agents of the President who help him discharge his
powers and duties which alone he cannot efficiently perform. They are the heads of the
departments who serve as presidential advisers. Just as the President has the power of control
over them, he also has the power to remove them, him being still the chief of administration.
Presidential Privileges
1. Meaning. Presidential privilege refers to an immunity or privilege granted to the President
intended for the effective performance of his executive functions and duties.
2. Kinds. The President is granted the privilege of immunity from suit and executive privilege.
(a) Immunity from suit means that the President cannot be sued, if he invokes such privilege,
The Constitution provides many inhibitions and disqualifications on the President, Vice-
President, Cabinet Members, and their deputies and assistants. The subjects of the inhibitions
and disqualifications are: (1) increase in their salaries and emoluments; (2) the holding of other
offices; (3) appointment of relatives; and (4) midnight appointment.
1. Inhibition on Salary. The Congress fixes by law the salaries of the President and Vice-
President. The salaries cannot be decreased during their tenure, but the same can be increased.
The increase takes effect only after the expiration of the term of the President and Vice-
President during whose term the increase was approved.
2. Disqualification on Holding Other Offices. They cannot also receive during their tenure any
other compensation or allowances from the Government or any other source. The reason for
this is that they cannot hold any other office or employment, unless otherwise provided in the
Constitution. Their office, being very important and crucial in the government, demands their
full time and attention. The disqualification also prevents them from extending special favors
to their own private business which comes under their official jurisdiction, and assures the
public that they will be faithful and dedicated in the performance of their functions. Public
office is public trust, so that it cannot be used for personal benefit and familial advantage.
Thus, they shall strictly avoid conflict of interest in the conduct of their office.
It should be noted that the Vice-President can be appointed as Member of the Cabinet and his
appointment need not go through the Commission on Appointments. This is an exception to
the above prohibition, of which its purpose is to give due reverence to the second highest office
of the land and more importantly to give him a function other than being a mere President
Reserve.
3. Prohibition against Appointment of Relatives. Nepotism is prohibited by the Constitution.
Nepotism happens when the President, during his tenure, appoints his spouse and relatives by
consanguinity or affinity within the fourth civil degree as Members of the Constitutional
The President of the Philippines has specific powers provided in the Constitution, to wit: (1)
appointing power; (2) power of control and supervision; (3) military power; (4) pardoning
power; (5) diplomatic power; (6) residual power; (7) delegated power; and (8) veto power.
1. Power of Appointment.
(a) Meaning. Appointment is one mode of putting a person in office in which an appointing
authority selects a person to discharge the functions of an appointive office. The power is
exercised by the President, although legislative and judicial officials can also appoint their
respective personnel.
(b) Types of Appointment. There are four types of presidential appointments:
(i) Appointment by an Acting President ;
(ii) Temporary appointment ;
(iii) Regular appointment ; and
(iv) Ad interim appointment.
(c) Appointments Distinguished from Each Other. Appointment by an Acting President may be
revoked by the elected President within ninety days from his assumption or reassumption of
office. If it were not revoked, the appointment remains effective, as if it were the President-elect
who made the appointment. Temporary appointment is appointment made prior a presidential
election that is subject to a possible cancellation or revocation of the President-elect. As an
exception to midnight appointments, temporary appointments may be extended by an
outgoing President to executive positions when continued vacancies therein will prejudice
public service or endanger public safety. Regular appointment is presidential appointment
made with or without the consent of the Commission on Appointments. And Ad interim
appointment is appointment made during the recess of the Congress, whether voluntary or
Judicial Power
1. Meaning in General. In a broad sense, judicial power refers to the power of the different
courts of justice to interpret and apply the laws in particular cases. Interpretation, on the one
hand, refers to the process by which the court discovers the true meaning of the language used
by the law. Its purpose is to give effect to the intent or spirit of the law. The application of the
law, on the other, refers the process by which the court relates the pertinent legal provisions to
the set of facts of a particular case.
2. Strict Meaning. In a strict sense, the Constitution provides that “judicial power includes the
duty of the courts of justice to settle actual controversies involving rights which are legally
demandable and enforceable, and to determine whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government.” The definition includes two aspects of judicial power: (a)
duty to settle actual controversies; and (b) authority to determine if there is grave abuse of
discretion.
(a) The first aspect, settlement of actual controversies, is the traditional meaning of judicial
power. In here, there exists an “actual controversy” which, if properly filed, the court has duty
to settle. For an actual controversy to exist there must be a legally demandable or enforceable
right which is violated by another who, in turn, has the correlative duty to respect it. If the
other party asserts an opposite legal claim, then it becomes susceptible of judicial adjudication.
A right is legally demandable or enforceable if it is recognized by law and enforceable before
the courts. A right which has no basis in law cannot be enforced in the courts and violation of
which does not produce an actual controversy. Thus, while a woman has a right to demand for
financial support from the father of her son, she does not have the right to demand for
Judicial Independence
The Judicial Department plays an indispensable role in the government as the administrator of
justice. The government and consequently the State will not survive without the judiciary. It
preserves the cohesiveness of the different governmental organs, always seeing to it that they
function in accordance with the Constitution. And inasmuch as the Philippines is a
government of laws and not of men, the judiciary protects the very essence of democracy being
guardian of rights and legal processes. Thus, in order for the judiciary to function effectively
and impartially, the Constitution provides safeguards for its independence, to wit:
(1) The Supreme Court, as a constitutional body, cannot be abolished by law passed by the
Congress;
(2) Members of the Supreme Court can only be removed through impeachment;
(3) The Supreme Court cannot be deprived of its minimum and appellate jurisdiction; appellate
jurisdiction may not be increased without its advice or concurrence;
(4) The Supreme Court has administrative supervision over all inferior courts and personnel;
(5) It has exclusive power to discipline judges/justices of inferior courts;
(6) Members of the judiciary have security of tenure;
(7) Members of the judiciary may not be designated to any agency performing quasi-judicial or
administrative functions;
(8) Salaries of judges may not be reduced;
(9) The judiciary enjoys fiscal autonomy;
(10) The Supreme Court alone can initiate the Rules of Court;
(11) It alone may order temporary detail of judges; and
(12) It can appoint all officials and employees of the judiciary.
Guide Questions:
1. Explain the structure of the government using the doctrine of separation of powers.
2. Briefly compare the powers of the branches of the government. Then explain how they are
related with each other.
3. What is meant by a bicameral legislature? Give at least three advantages of bicameralism.
4. If there are 200 District Representatives, how many Party-List Representatives are required to
complete the Members of the House of Representatives?
5. If there are 215 Members of the House of Representatives, and 15 are abroad, what would
constitute the quorum?
6. A Bill of Local Application was submitted by Senator Wade to the Senate Secretary. It has
passed three readings in the Senate and then in the Congress. Thereafter, it was presented to
the President for approval, but the same was disapproved. The President vehemently objected
to the validity of the entire process.
Is the President correct?
7. What are congressional disqualifications? Give examples.
8. Concisely discuss the steps of how a bill becomes a law
9. Enumerate at least five powers of the President and briefly discuss each power.
1o. When the president dies, is permanently disabled, is impeached, or resigns, the Vice-
President becomes President for the unexpired term. However, if both the President and Vice-
President die, become permanently disabled, are impeached, or resigned, the Senate President
shall act as President until the President or VP shall have been elected and qualified.
If the Senate President becomes disabled, who will succeed?
11. Juan Dela Cruz was nominated by President Pedro Santos to the rank of naval captain in the
Armed Forces of the Philippines. His nomination has been confirmed by the Commission on
Appointments, and his appointment (by President Siuagan) followed thereafter. Juan Dela
Cruz have accepted the nomination with great pride and honor. The President reconsidered his
appointment after discovering that Mr. Dela Cruz has a criminal record. The President
withdrew his appointment. Is this allowed?
12. President Juan Masipag filed an application for appropriation, and in pursuance thereof
AdChoices
ADVERTISING
REPORT THIS AD
REPORT THIS AD
This entry was posted on August 2, 2014 by tamayaocsu in Constitutional Law I.
https://wp.me/paenJ-4F
Previous post
Next post
Blog at WordPress.com.