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Lesson 150 min read

Philippine Politics & Governance

Government Structure, Constitution, and Political Processes

Three Branches of Government

Separation of Powers

The Philippine government follows the principle of separation of powers, dividing authority among three co-equal branches to prevent abuse of power and maintain checks and balances.

1. Executive Branch

Headed by the President. Enforces and implements laws.

  • President: Chief Executive, Head of State, Commander-in-Chief
  • Vice President: Succeeds President, Cabinet member
  • Cabinet: Department Secretaries appointed by President
  • Powers: Veto power, pardoning power, treaty-making, appointments

Term: 6 years, no re-election

2. Legislative Branch

Congress (Bicameral). Creates, amends, and repeals laws.

Senate (Upper House)

  • 24 Senators
  • Elected nationally
  • 6-year term, max 2 consecutive

House of Representatives (Lower House)

  • ~300 Members
  • District + Party-list
  • 3-year term, max 3 consecutive

Powers: Lawmaking, impeachment, budget approval, treaty concurrence

3. Judicial Branch

Headed by the Supreme Court. Interprets laws and settles disputes.

  • Supreme Court: 1 Chief Justice + 14 Associate Justices
  • Court of Appeals: Reviews lower court decisions
  • Regional Trial Courts: General trial courts
  • Municipal/Metropolitan Trial Courts: First-level courts

Powers: Judicial review, power to interpret constitution

Checks and Balances

  • • Executive can veto bills passed by Congress
  • • Congress can override veto with 2/3 vote
  • • Congress can impeach the President and Justices
  • • Supreme Court can declare laws unconstitutional
  • • President appoints judges with Congressional consent

The 1987 Constitution

What is the Constitution?

The supreme law of the land. It establishes the framework of government, defines the powers and duties of officials, and protects the fundamental rights of citizens.

Philippine Constitutional History

  • 1899 Malolos Constitution: First republican constitution in Asia
  • 1935 Commonwealth Constitution: Prepared for independence
  • 1973 Marcos Constitution: Parliamentary system, martial law era
  • 1987 Freedom Constitution: Current, post-EDSA Revolution

Key Articles of the 1987 Constitution

  • Article I: National Territory
  • Article II: Declaration of Principles
  • Article III: Bill of Rights
  • Article IV: Citizenship
  • Article V: Suffrage
  • Article VI: Legislative Department
  • Article VII: Executive Department
  • Article VIII: Judicial Department
  • Article IX: Constitutional Commissions
  • Article X: Local Government
  • Article XI: Accountability of Public Officers
  • Article XII: National Economy & Patrimony
  • Article XIII: Social Justice & Human Rights
  • Article XIV: Education, Science, Culture
  • Article XV: The Family
  • Articles XVI-XVIII: General Provisions

Constitutional Commissions

  • Civil Service Commission (CSC): Government personnel administration
  • Commission on Elections (COMELEC): Enforces election laws
  • Commission on Audit (COA): Examines government funds

Bill of Rights (Article III)

Purpose

The Bill of Rights protects individual liberties against government abuse. These are fundamental rights that cannot be taken away without due process.

Civil Rights

  • Due Process: No deprivation of life, liberty, property without due process
  • Equal Protection: All persons treated equally under the law
  • Right Against Unreasonable Searches: Privacy of home and person
  • Privacy of Communication: Correspondence protected from intrusion

Political Rights

  • Freedom of Speech: Right to express opinions
  • Freedom of the Press: Media freedom from censorship
  • Freedom of Assembly: Right to peaceful gatherings
  • Freedom of Religion: Worship according to conscience
  • Right to Petition: Seek government redress of grievances

Rights of the Accused

  • Presumption of Innocence: Innocent until proven guilty
  • Right to Counsel: Entitled to lawyer
  • Right to Bail: Except for capital offenses
  • Right to Speedy Trial: No unreasonable delays
  • Right Against Self-Incrimination: Cannot be forced to testify against self
  • Writ of Habeas Corpus: Protection against illegal detention

Prohibitions

  • No torture or cruel punishment
  • No involuntary servitude or slavery
  • No imprisonment for debt
  • No ex post facto laws (retroactive criminal laws)
  • No bills of attainder (legislative punishment)

Local Government

Local Government Code of 1991 (RA 7160)

Provides for local autonomy and decentralization. Local Government Units (LGUs) have the power to create local policies and collect taxes for local development.

Hierarchy of LGUs

Autonomous Regions

BARMM (Bangsamoro), CAR

Province

Headed by Governor (81 provinces)

City / Municipality

Headed by Mayor

Barangay

Headed by Barangay Captain (42,000+ barangays)

Provincial Officials

  • Governor (Chief Executive)
  • Vice Governor
  • Sangguniang Panlalawigan (Provincial Board)

Term: 3 years, max 3 consecutive terms

City/Municipal Officials

  • Mayor (Chief Executive)
  • Vice Mayor
  • Sangguniang Panlungsod/Bayan (Council)

Term: 3 years, max 3 consecutive terms

Barangay Officials

  • Punong Barangay (Captain): Chief Executive of barangay
  • Sangguniang Barangay: 7 elected councilors
  • SK Chairman: Youth representative (ex-officio)
  • Barangay Secretary & Treasurer: Appointed officials

Functions: Peace & order, dispute resolution, local services