THE FIRST UNITING CHRISTIAN SCHOOL

SENIOR HIGHSCHOOL DEPARTMENT

Philippine Politics and

Governance
Topic: Branches of the National Government
(QUARTER 1 2nd Semester - WEEK 1 and 2)

TO THE LEARNERS

Here are some reminders as you use this module:

✓ Use the module with care especially in turning each page.
✓ Read and comprehend the directions in every exercises.
✓ Observe honesty in answering the tests and exercises.
✓ Do not put unnecessary mark/s on any part of this material.
✓ Try to finish a given activity before proceeding to the next.
Branches of the National Government

The government essentially wields three great powers: the power to create laws, the power to
implement laws and the power to interpret the laws. These powers are distributed to the three main
branches of the government: Legislative, Executive and the Judiciary. It is said that these powers have to
be wielded by separate entities to prevent corruption and to enable check and balances. Imagine if all
these powers are present in one person or entity. It can lead to the birth of Gollum, in the novel Lord of
the Rings, who was consumed by the powers of the ring. That person would be so powerful and the
people would be subjected to all his whims and caprices. Therefore, if all powers belong to the same
person, this will be prone to abuse.

I. The Executive Department

The executive is the organ exercising authority in and holding responsibility for the governance of
a state. The executive executes and enforces law. In political systems based on the principle of
separation of powers, authority is distributed among several branches (executive, legislative, judicial) —
an attempt to prevent the concentration of power in the hands of a small group of people. In such a
system, the executive does not pass laws (the role of the legislature) or interpret them (the role of the
judiciary). Instead, the executive enforces the law as written by the legislature and interpreted by the
judiciary. The executive can be the source of certain types of law, such as a decree or executive order.
Executive bureaucracies are commonly the source of regulations.

The President is the Head of State and Head of Government and functions as the Commander-
in-Chief of the Armed Forces of the Philippines. As outlined in Article VII of the 1987 Philippine
Constitution, the role of the Philippine President in relation to his/her powers are as follows.

ARTICLE VII EXECUTIVE DEPARTMENT

SECTION 1
The executive power shall be vested in the President of the Philippines.

SECTION 2
No person may be elected President unless he is a natural-born citizen of the Philippines, a registered
voter, able to read and write, at least forty years of age on the day of the election, and a resident of the
Philippines for at least ten years immediately preceding such election.

SECTION 3
There shall be a Vice President who shall have the same qualifications and term of office and be elected
with and in the same manner as the President. He may be removed from office in the same manner as
the President.

SECTION 4
The President and the V-President. shall be elected for a term of six years. The President shall not be
eligible for any re-election. No person who has succeeded as President and has served as such for more
than four years shall be qualified for election to the same office at anytime. No V-President Shall serve for
more than two consecutive terms. The Supreme court. shall be the sole judge of all contests relating to
the election of the Pres. and the V-Pres.

SECTION 8
In case of death, permanent disability, removal from the office or resignation of the President, the V-Pres.
shall become the President to serve the unexpired term. In case of death, permanent disability, removal
from the office or resignation of both the Pres. and the V-President., the President of the senate, in the
case of his inability, the Speaker of the House of Representatives shall then act as President until the
President. or the V-President. shall have been elected and qualified.

SECTION 9
Whenever there is vacancy in the office of the V-President. during the term for which he was elected, the
President shall nominate a Vice President from among the members of the senate and the house of
representatives who shall assume office upon confirmation by a majority vote of all the Members of both
Houses of the Congress, voting separately

SECTION 10
The Congress shall, at ten o’clock in the morning of the third day after the vacancy in the offices of the
President and Vice-President occurs, convene in accordance with its rules without need of a call and
within seven days, enact a law calling for a special election to elect a President and a Vice-President to
be held not earlier than forty-five days nor later than sixty days from the time of such call. The bill calling
such special election shall be deemed certified under paragraph 2, Section 26, Article VI of this
Constitution and shall become law upon its approval on third reading by the Congress. Appropriations for
the special election shall be charged against any current appropriations and shall be exempt from the
requirements of paragraph 4, Section 25, Article VI of this Constitution. The convening of the Congress
cannot be suspended nor the special election postponed. No special election shall be called if the
vacancy occurs within eighteen months before the date of the next presidential election.
SECTION 11
Whenever the President transmits to the President of the Senate and the Speaker of the House of
Representatives his written declaration that he is unable to discharge the powers and duties of his office,
and until he transmits to them a written declaration to the contrary, such powers and duties shall be
discharged by the Vice-President as Acting President.

SECTION 12
In case of serious illness of the President, the public shall be informed of the state of his health. The
members of the Cabinet in charge of national security and foreign relations and the Chief of Staff of the
Armed Forces of the Philippines, shall not be denied access to the President during such illness.

Section 13
The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall not,
unless otherwise provided in this Constitution, hold any other office or employment during their tenure.
They shall not, during said tenure, directly or indirectly, practice any other profession, participate in any
business, or be financially interested in any contract with, or in any franchise, or special privilege granted
by the Government or any subdivision, agency, or instrumentality thereof, including government-owned or
controlled corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of
their office.

Roles and powers of the Philippine President

Besides the Constitution, the power of the Philippine President are specifically outlined in Executive Order
(E.O.)No. 292, s. 1987 also known as the Administrative Code of 1987. the following powers are:

1. Power of control over the executive branch

The President of the Philippines has the mandate of control over all the executive departments,
bureaus, and offices. This includes restructuring, reconfiguring, and appointments of their respective
officials. The Administrative Code also provides for the President to be responsible for the
abovementioned offices’ strict implementation of laws.

2. Power ordinance power

The President of the Philippines has the power to give executive issuances, which are a means to
streamline the policy and programs of an administration. There are six issuances that the President may
issue. They are the following as defined in the Administrative Code of 1987:
 Executive order and the concept
 Administrative order and the concept
 Proclamation order and the concept
 Memorandum Circulars and concept
 Letter of Instruction
 General or special orders

3. Power over aliens

The President of the Philippines has certain powers over non-Filipinos in the Philippines. The powers
he may exercise over foreigners in the country are as follows:
● The chief executive may have an alien in the Philippines deported from the country after due
process.
● The President may change the status of a foreigner, as prescribed by law, from a non-immigrant
status to a permanent resident status without necessity of visa.
● The President may choose to overrule the Board of Commissioners of the Bureau of Immigration
before their decision becomes final and executory (after 30 days of the issuance of the decision). The
Board of Commissioners of the Bureau of Immigration has jurisdiction over all deportation cases.
● The president is also mandated by the Administrative Code of 1987 to exercise powers as
recognized by the generally accepted principles of international law.
4. Powers of eminent domain, escheat, land reservation and recovery of ill-gotten wealth
The President of the Philippines has the authority to exercise the power of eminent domain. The
power of eminent domains means the state has the power to seize or authorize the seizure of private
property for public use with just compensation. There are two constitutional provisions, however, that limit
the exercise of such power: Article III, Section 9 (1) of the Constitution provides that no person shall be
deprived of his/her life, liberty, or property without due process of law. Furthermore, Article III, Section 9
(2), provides that private property shall not be taken for public use without just compensation.
Once the aforementioned conditions are met, the President may exercise the power of eminent
domain which are as follows:
● Power of eminent domain — The President shall determine when it is necessary or
advantageous to exercise the power of eminent domain in behalf of the national government, and direct
the solicitor general, whenever he deems the action advisable, to institute expropriation proceedings in
the proper court.
● Power to direct escheat or reversion proceedings — The President shall direct the solicitor
general to institute escheat or reversion proceedings over all lands transferred or assigned to persons
disqualified under the constitution to acquire land.
● Power to reserve lands of the public and private domain of the government —
(1) The president shall have the power to reserve for settlement or public use, and for specific
public purposes, any of the lands of the public domain, the use of which is not otherwise directed by law.
The reserved land shall thereafter remain subject to the specific public purpose indicated until otherwise
provided by law or proclamation.
 (2) He shall also have the power to reserve from sale or other disposition and for specific public
uses or purposes, any land belonging to the private domain of the government, or any of the friar lands,
the use of which is not otherwise directed by law, and thereafter such land shall be used for the purposes
specified by such proclamation until otherwise provided by law.
(3) Power over ill-gotten wealth — The President shall direct the solicitor general to institute
proceedings to recover properties unlawfully acquired by public officials or employees, from them or from
their nominees or transferees. Within the period fixed in, or any extension thereof authorized by, the
constitution, the President shall have the authority to recover ill-gotten properties amassed by the leaders
and supporters of the previous regime, and protect the interest of the people through orders of
sequestration or freezing of assets or accounts.

5. Power of appointment
The President may appoint officials of the Philippine government as provided by the constitution and
laws of the Philippines. Some of these appointments, however, may need the approval of the Committee
on Appointments (a committee composed of members from the House of Representatives and the Senate
of the Philippines).

6. Power of general supervision over local governments

The President of the Philippines, as chief executive, has the mandate to supervise local
governments in the Philippines, despite their autonomous status as provided by Republic Act No.
7160 otherwise known as the Local Government Code of 1991. Traditionally, this is done by the
Department of the Interior and Local Government (DILG), headed by a cabinet secretary—an alter
ego of the President.
However, our president is not without limits. He or she is checked by the other branches of the
government. Take a look at how he or she is being viewed.

Critique the Philippine Presidents’ Exercise of Power

The exercise of power especially on implementing laws lies to the President where it was
delegated to the various departments he has authority. In such cases, it determines the policy of an
administration in the said matter where each laws implemented as well as the policies the government
wants to pursue therein gives an insight where it determines the performance of the presidency in
general.
During the Arroyo administration, it was known that the government at that time wanted to pursue
a robust macroeconomic measures wherein the succeeding Aquino administration adapted which it gives
the Philippines a bullish economic standpoint that is far more resilient than the other economies in Asia
except for the 2008 Global Economic Crisis that gives a blow a little bit to the poverty incidence in the
country.
Now to the Aquino administration. Several of the programs from Arroyos are inherited by this
administration despite some political vendetta that led to Arroyo's imprisonment (which was freed later
on). This was ranging from macroeconomic policy, better peso value in currency exchanges and several
military procurements like the MRV/SSV program (Tarlac-class LPDs). The president contributed much to
the military especially to the so-called Revised AFP Modernization Program where FA-50PH were
procured, additional C-130s were procured, Del Pilar-class frigates were procured and so on.
We are now under the administration of Pres. Duterte which is keen on solving the drug problem
as well as the graft and corruption problem and federalism which was aim to distribute wealth across
nations. The effects of his exercise in power at present sends shockwaves across the country where his
very loyal supporters will proudly say that "change has come". Unto this, it was known that both 8888 and
911 are now used as hotlines to report corruption, incompetence and emergency measures the way the
President ran Davao City when he was still the mayor.

II. The Legislative Department

According to the 1987 Constitution, legislative power shall be vested in the Congress of the
Philippines, which shall consist of a Senate and a House of Representatives.

The Roles and Responsibilities of the Philippine Senate and the House of Representatives
The citizens of each state elect two Senators to serve 6 year terms. The Senate as a whole has
many duties and responsibilities. Some of these include writing and passing laws, approving many
presidential appointments, and ratifying treaties with other countries.

The Impact of Congress’s Performance on Philippine Development

By concept, each and every laws made by the Congress that are approved by the legislative sets
an impact to the society in general wherein it sets to dictate the way things run as well as operate in which
it will adhere the welfare of the people prescribed by the constitution. It ranges from business laws to tax
revisions as well as new sets of guidelines on various aspects of life to the General Appropriations Act.
Taking this PDF file of the Philippine Senate, the Philippine Congress lay economic policies in
which it affects the country as a whole. Considerably, this 2010 report shows the strengths and
weaknesses of the economy in which it paved the way for appropriate actions that makes the Philippine
Economy output improved since 2010 onwards (See: Philippine Development Plan 2011-2016) to the
present where numerous sources predicted that by 2050, the Philippines will belong to the top 20 greatest
economies of the world alongside Vietnam and South Korea. Meanwhile, House Bills such as these given
by the congress is just an example of the things that affects economic growth where in this case, it affects
the real estate market where the said law is stipulate to set limits and standardized values given thereof.
Speaking of which, the legislative like the executive also played the key role for the economic
progress where the two work hand in hand to achieve the goals of a better nation having an improved
economy which the masses will benefit where there are more cash in their hands.
 III. The Judiciary Department
The National Government does not only create and implement laws. These laws are interpreted by an
equally important branch of the government. This is to make sure that the interpretation of these laws are
uniform and consistent in consonance with the intent of the Constitution and the statutes.

Powers and Duties of the Judiciary Department

Rule 135 of the Rules of Court

SEC 1. Courts always open; justice to be promptly and impartially administered.

Courts of justice shall always be open, except on legal holidays, for the filing of any pleadings,
motion or other papers, for the trial of cases, hearing of motions, and for the issuance of orders or
rendition of judgments. Justice shall be impartially administered without unnecessary delay.

SEC. 2. Publicity of proceedings and records.

The sitting of every court of justice shall be public, but any court may, in its discretion, exclude the
public when the evidence to be adduced is of such nature as to require their exclusion in the interest of
morality or decency. The records of every court of justice shall be public records and shall be available for
the inspection of any interested person, at all proper business hours, under the supervision of the clerk
having custody of such records, unless the court shall, in any special case, have forbidden their publicity,
in the interest of morality or decency.

SEC. 3. Process of superior courts enforced throughout the Philippines.

Process issued from a superior court in which a case is pending to bring in a defendant, or for the
arrest of any accused person, or to execute any order or judgment of the court, may be enforced in any
part of the Philippines.

SEC. 4. Process of inferior courts.

The process of inferior courts shall be enforceable within the province where the municipality or
city lies. It shall not be served outside the boundaries of the province in which they are comprised except
with the approval of the judge of the Regional Trial Court of said province, and only in the following cases:
(a) When an order for the delivery of personal property lying outside the province is to be
complied with;
(b) When an attachment of real or personal property lying outside the province is to be made;
(c) When the action is against two or more defendants residing in different provinces; and
(d) When the place where the case has been brought is that specified in a contract in writing
between the parties, or is the place of the execution of such contract as appears therefrom.
Writs of execution issued by inferior courts may be enforced in any part of the Philippines without
any previous approval of the judge of first instance.
Criminal process may be issued by a justice of the peace or other inferior court, to be served
outside his province, when the district judge, or in his absence the provincial fiscal, shall certify that in his
opinion the interests of justices require such service.

SEC. 5. Inherent powers of courts. - Every court shall have power:

(a) To preserve and enforce order in its immediate presence;
(b) To enforce order in proceedings before a person or persons empowered to conduct a judicial
investigation under its authority;
(c) To compel obedience to its judgments, orders and processes, and to the lawful order of judge
out of court, in a case pending therein;
(d) To control, in furtherance of justice, the conduct of its ministerial officers, and of all other
persons in any manner connected with a case before it, in every manner appertaining thereto;
(e) To compel the attendance of persons to testify in a case pending therein;
(f) To administer or cause to be administered oaths in a case pending therein, and in all other
cases where it may be necessary in the exercise of its powers;
(g) To amend and control its process and orders so as to make them conformable to law and
justice;
(h) To authorize copy of a lost or destroyed pleading or other paper to be filed and used instead
of the original, and to restore, and supply deficiencies in its records and proceedings.

SEC. 6. Means to carry jurisdiction into effect.

When by law, jurisdiction is conferred on a court or judicial officer, all auxiliary writs, processes
and other means necessary to carry it into effect may be employed by such court or officer; and if the
procedure to be followed in the exercise of such jurisdiction is not specifically pointed out by law or by
these rules, any suitable process or mode of proceeding may be adopted which appears conformable to
the spirit of said law or rules.

SEC. 7. Trial and hearings; orders in chambers.

All trial upon the merits shall be conducted in open court and so far as convenient in a regular
court room. All other acts or proceedings may be done or conducted by a judge in chambers, without the
attendance of the clerk or other court officials.

SEC. 8. Interlocutory orders out of province.

A judge of Regional Trial Court shall have power to hear and determine, when within the district
though without his province, any interlocutory motion or issue after due and reasonable notice to the
parties. On the filing of a petition for the writ of habeas corpus or for release upon bail or reduction of bail
in any Regional Trial Court, the hearing may omit be had at any place in the judicial district which the
judge shall deem convenient.

SEC. 9. Signing judgments out of province.

Whenever a judge appointed or assigned in any province or branch of a Regional Trial Court in a
province shall leave the province by transfer or assignment to another court of equal jurisdiction, or by
expiration of his temporary assignment, without having decided a case totally heard by him and which
was argued or an opportunity given for argument to the parties or their counsel, it shall be lawful for him to
prepare and sign his decision in said case anywhere within the Philippines. He shall send the same by
registered mail to the clerk of the court where the case was heard or argued to be filed therein as of the
date when the same was received by the clerk, in the same manner as if he had been present in court to
direct the filing of the judgment. If a case has been only in part, the Supreme Court, upon petition of any
of the parties to the case and the recommendation of respective district judge, may also authorize the
judge who has partly heard the case, if no other judge had heard the case in part, to continue hearing and
to decide said case notwithstanding his transfer or appointment to another court of equal jurisdiction.

Fairness in the Judiciary Department

By nature, the judiciary is a fair and just system where its decisions are based on the grounds as
stipulated by the law that instills neutrality and fairness rather than to the judgement of the legislative or
the executive where by law, the President installs his set of Chief and Associate Justices in the Supreme
Court.
In the article title "Perspectives on Judicial Independence in the Philippine Politico-Ethical
Nomos" gives an insight on both the fairness and unfairness of the justice system in the country.
Accordingly, the judiciary's basic guide for doing its decision is the constitution where in this discussion
promotes neutrality and fairness. In such cases, the credibility of the judiciary was once hampered by the
ouster of the Chief Justice Renato Corona last 2012 due to the so-called anomalies in the justice system
under his tenure. That in which puts the very judicial exercise at risk where things simply just politicized
up back then. On the bright side though, the Priority Disbursement Assistance fund or simply Pork Barrel
was instigated by Corona's successor Chief Justice Maria Lourdes Sereno wherein several Senators at
that time were imprisoned for having such funds used in other purposes not allowed by the Government
in which it sowed corruption (Source: 1 & 2). Meanwhile, there is some sort of a "Code of Judicial
Conduct" where a law practitioner shall observe at all times in which it is to observe professionalism and
to retain credibility on the judiciary under the perspective of neutrality and fairness.
In summary, neutrality and fairness are not always observed where several practitioners are
somewhat unaware or aware that a bias is already made that hamper the result of a given case or a rule
that sometimes runs contrary to the sentiments of the people. In such case though, the code of judicial
conduct assures the limitations of those in the judiciary that observing it assures full credibility of the
system.
Evaluate the performance of the Philippine Judiciary as a dispenser of justice and a protector of
constitutional safeguards to freedom. In this question, it will be based once again to this the same PDF
file as is in number three.
In this case, several ups and downs are already discussed in the previous question wherein it will
be further emphasized here to suit up the things we discussed here. In this case, if we are to be based
the judiciary from 1 to 10 on the basis on its job as a dispenser of justice and a protector of constitutional
safeguard to freedom, their performance will fell somewhere between 6 or 7. It is because that in terms of
justice earned, some of them are still seeking for justice where it comes with a saying "Justice Delayed is
Justice Denied." Take the 2009 Maguindanao Massacre as a perfect example for this matter where until
now, the case is still on-going with the uncertainty as when it will be end. The good side meanwhile is that
Associate Justice Carpio is keen on the campaign on the Philippine Sovereignty to its territory on the
West Philippine Sea where he emphasizes the constitution that it safeguards the freedom of the Filipinos
to exploit the West Philippine Sea and its resources especially for the fishermen who have their lives
relying on it.
Overall, there is much to be done to the system itself that the ideals for just, neutral and fair
justice is for everyone that those who commit crimes are worthy to pay their prices that they shall pay for
damages, spend time in prison or if approved, subject to death penalty.

ACTIVITY: Memorize the Preamble of the Philippines and take a video while performing it. Send the
video to [email protected]
PREAMBLE

We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane
society, and establish a Government that shall embody our ideals and aspirations, promote the common
good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of
independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality,
and peace, do ordain and promulgate this Constitution.

Criteria 5 4 3 2
Spoke clearly and loudly
Memorized

Post test
Direction: encircle the letter of the correct answer.

1. What do you call a branch of the government which creates a law?

A. Legislative C. Judiciary
B. Executive D. Local
2. A rule defining correct behavior refers to ____.
A. guideline C. principle
B. law D. policy
3. It refers to a citizen of another country.
A. Alien C. Naturalized Citizen
B. Natural-born citizen D. Senior Citizen
4. How many senators are there in the Philippines?
A. 24 C. 12
B. 11 D. 23
5. To whom the executive power is vested?
A. President B. Vice-president C. Senator D. Congress
6. The legislative power shall be vested in the ______ of the Philippines.
A. President B. Vice-president C. Senator D. Congress
7. Which of the following is not a requirement for a person to be elected president?
A. Natural-born citizen of the Philippines
B. A registered voter
C. Able to read and write
D. At least 50 years old of the day of the election
8. In case of death, permanent disability, removal from the office or resignation of the president, the ____
shall become the president to serve the unexpired term.
A. Senate-President B. Chief Justice C. House Speaker D. Vice-President
9. Who shall nominate a Vice President whenever there is vacancy in the office of the Vice-President?
A. President B. Chief Justice C. Congress D. Senators
10. In case of serious illness of the President, the ____ shall be informed of the state of his health.
A. public B. senators C. Congress D. Justices