CURRENT PHILIPPINE GOVERNMENT

1987 PHILIPPINE CONSTITUTION

Ratified on February 25, 1987. Fundamental/highest law of the land. Contains 18 articles, 306 sections and

20,000 words. Democratic form of government was

restored. Contains the principle of governance

that defines its composition, the powers and policies of the different branches of the government, the appointment and election of officials, and the structure of different administrative bodies.

BRANCHES OF THE GOVERNMENT OF THE PHILIPPINES

EXECUTIVE BRANCH

The executive branch is the part of the government that has its authority and responsibility for the daily administration of the state.

The executive branch executes, or enforces the law. The division of power into separate branches of government is central to the idea of the separation of powers.

Includes: President Vice President Cabinet

PRESIDENT

Head of State

Head of Government

One term only, no re-election.

One term is good for 6 years.

Can be impeached.

Current Philippine President, His Excellency Benigno Simeon “Noynoy” Aquino III

VICE – PRESIDENT

One term only, no re-election.

One term is good for 6 years.

Can be impeached.

Current Philippine Vice -President, His Excellency Jejomar “Nognog” Binay

CABINET

Secretaries of the different national departments

As of October 2015 the current Aquino Cabinet includes: Executive Secretary (Paquito Ochoa, Jr.)

Press Secretary (Edwin Lacierda)

Secretary of Agrarian Reform (Virgilio de los Reyes)

Secretary of Agriculture (Proceso Alcala)

Secretary of Budget and Management (Florencio Abad)

CABINET

As of October 2015 the current Aquino Cabinet includes: Secretary of Education (Br. Armin Luistro, FSC)

Secretary of Energy (Zenaida Monsada)

Secretary of Environment and Resources (Ramon Paje)

Secretary of Finance (Cesar Purisima)

Secretary of Foreign Affairs (Albert del Rosario)

CABINET

As of October 2015 the current Aquino Cabinet includes: Secretary of Health (Janette Garin)

Secretary of the Interior and Local Government (Mel Sarmiento)

Secretary of Justice (Benjamin Caguioa)

Secretary of Labor and Employment (Rosalinda Baldoz)

CABINET

As of October 2015 the current Aquino Cabinet includes: Secretary of National Defense (Voltaire Gazmin)

Secretary of Public Works and Highways (Rogelio Singson)

Secretary of Science and Technology (Engr. Mario Montejo)

Secretary of Social Welfare and Development (Corazon Soliman)

CABINET

As of October 2015 the current Aquino Cabinet includes: Secretary of Tourism (Ramon Jimenez, Jr.)

Secretary of Trade and Industry (Gregory Domingo)

Secretary of Transportation and Communications (Joseph Emilio Abaya)

Chief of the Presidential Management Staff (Julia Abad)

CABINET

As of October 2015 the current Aquino Cabinet includes: Director – General of the National Economic and

Development Authority (Arsenio Balisacan)

Presidential Assistant for Food Security and Agriculture Modernization (Fredelita Guiza)

LEGISLATIVE BRANCH

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.

SENATE

The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law

The qualifications to become a senator, as stipulated in the constitution, are:a natural-born citizen of the Philippines;at least thirty-five years old;is able to read and writea registered voter; anda resident of the Philippines for not less than two years before election day.

HOUSE OF REPRESENTATIVES

The House of Representatives shall be composed of not more than 250 (unless otherwise fixed by law), 20 percent of whom must be Party-list representatives.

Meanwhile, the constitution provides for the following criteria to become a member of the House of Representatives:a natural-born citizen of the Philippines;at least twenty-five years old;is able to read and write; andexcept the party-list representatives, a registered voter and a resident for at least one year in the district where s/he shall be elected.

LEGISLATIVE PROCESS

Congress is responsible for making enabling laws to make sure the spirit of the constitution is upheld in the country and, at times, amend or change the constitution itself. In order to craft laws, the legislative body comes out with two main documents: bills and resolutions.

LEGISLATIVE PROCESS

Resolutions convey principles and sentiments of the Senate or the House of Representatives. These resolutions can further be divided into three different elements:

joint resolutions — require the approval of both chambers of Congress and the signature of the President, and have the force and effect of a law if approved.

concurrent resolutions — used for matters affecting the operations of both chambers of Congress and must be approved in the same form by both houses, but are not transmitted to the President for his signature and therefore have no force and effect of a law.

simple resolutions — deal with matters entirely within the prerogative of one chamber of Congress, are not referred to the President for his signature, and therefore have no force and effect of a law.

LEGISLATIVE PROCESS

Bills are laws in the making. They pass into law when they are approved by both houses and the President of the Philippines. A bill may be vetoed by the President, but the House of Representatives may overturn a presidential veto by garnering a 2/3rds vote. If the President does not act on a proposed law submitted by Congress, it will lapse into law after 30 days of receipt.

LEGISLATIVE PROCESS

Senate as of October 2015:

Senate President: Sen. Franklin Drilon

Senate President Pro-Tempore: Sen. Ralph Recto

Majority Floor Leader: Sen. Alan Peter Cayetano

Minority Floor Leader: Sen. Juan Ponce Enrile

LEGISLATIVE PROCESS

House of Representative as of October 2015:

House Speaker: Rep. Feliciano Belmonte Jr. (Quezon City, 4th District)

Deputy House Speakers Rep. Henedina Abad (Batanes, Lone District)

Rep. Giorgidi Aggabao (Isabela, 4th District)

Rep. Sergio Apostol (Leyte, 2nd District)

Rep. Pangalian Balindong (Lanao del Sur, 2nd District)

Rep. Carlos Padilla (Nueva Vizcaya, Lone District)

Rep. Roberto Puno (Antipolo City, 1st District)

LEGISLATIVE PROCESS

House of Representative as of October 2015:

Majority Floor Leader: Rep. Neptali Gonzales II (Mandaluyong City, Lone

District)

Minority Floor Leader: Rep. Ronaldo Zamora (San Juan City, Lone

District)

JUDICIARY

Judicial power rests with the Supreme Court and the lower courts, as established by law (Art. VIII, sec. 1 of the 1987 Constitution). Its duty is to settle actual controversies involving rights which are legally demandable and enforceable (Art. VIII Sec. 1 (2)).

The judiciary enjoys fiscal autonomy. Its appropriation may not be reduced by the Legislature below the appropriated amount the previous year (Art. VIII, Sec. 3).

JUDICIARY

SUPREME COURT

Pursuant to the provisions of the 1987 Constitution, the Supreme Court is composed of a chief Justice and 14 associate justices who serve until the age of 70. The court may sit en banc or in one of its three divisions composed of five members each. The chief justice and associate justices are appointed by the President of the Philippines, chosen from a shortlist submitted by the Judicial and Bar Council. The president must fill up a vacancy within 90 days of occurrence.

Article VIII, Section 4 (2) of the constitution explicitly provides for the cases that must be heard en banc, and Section 4 (3) for cases that may be heard by divisions.

SUPREME COURT

The Judiciary Reorganization Act of 1980 transferred the administrative supervision of all courts and their personnel from the Department of Justice to the Supreme Court.  This was affirmed by  Article VIII, Section 6 of the 1987 Constitution.  To effectively discharge this constitutional mandate, the Office of the Court Administrator (OCA)  was created under Presidential Decree No. 828, as amended by Presidential Decree No. 842 (and its functions further strengthened by a resolution of the Supreme Court en banc dated October 24, 1996). Its principal function is the supervision and administration of the lower courts throughout the Philippines and all their personnel. It reports and recommends to the Supreme Court all actions that affect the lower court management.  The OCA is headed by the court administrator, three deputy court administrators, and three assistant court administrators.

SUPREME COURT

According to the 1987 Constitution, Article VIII, Section 5, the Supreme Court exercises the following powers: Exercise jurisdiction over cases affecting

ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.

Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignments shall not exceed six months without the consent of the judge concerned.

Order a change of venue or place of trial to avoid a miscarriage of justice.

SUPREME COURT

According to the 1987 Constitution, Article VIII, Section 5, the Supreme Court exercises the following powers:

Review, revise, reverse, modify, or affirm, on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of the lower courts in:

All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question;

All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto;

All cases in which the jurisdiction of any lower court is in issue;

All criminal cases in which the penalty imposed is reclusion perpetua or higher;

All cases in which only an error or question of law is involved;

SUPREME COURT

Incumbent Supreme Court Chief Justice Maria Lourdes P. A. Sereno

Appointed by Benigno Simeon Aquino III

Tenure as Chief Justice: August 24, 2012 up to present