CHAPTER 1: INTRODUCTION TO CHARACTERISTICS AND STRUCTURES PHILIPPINE
GOVERNMENT
1. Discuss the human population including its population, density, ethnicity, education
level, health, economic status and other aspects.
2. Describe the different branches, type of government.
3. Define the three branches of government
4. Determine the structures and duties of three branches of the government.
5. Discuss the separation of powers in the government.
6. Identify the political hierarchy
7. Examine the evolution of Philippine government. 8. In your term paper, write or make a
chart that shows the three branches of the government.
DEMOGRAPHY OF THE PHILIPPINES
DEMOGRAPHY (Source: PSA)
Total population
Average annual population growth rate
Population density (persons per square kilometer)
Number of households
Average household size
Household population by sex
Male
Female
Proportion of household population by sex
Male
Female
Household population by age group
0-4 years
0-14 years
15-64 years
18 years and over
60 years and over
65 years and over
Proportion of household population by age group
0-4 years
0-14 years
15-64 years
18 years and over
60 years and over
65 years and over
Overall dependency ratio
Young dependency ratio
Old dependency ratio
2020 (May 1)
109,035,3431/
1.63 (2015-2020)
363
26,393,906
4.1
108,667,043
55,017,643
53,649,400
100.0
50.6
49.4
108,667,043
11,066,707
33,414,245
69,397,349
68,945,888
9,222,672
5,855,449
100.0
10.2
30.7
63.9
63.4
8.5
5.4
56.6
48.1
8.4
FOREIGN TRADE (FOB value in million US dollars) Source: PSA
Total foreign trade
Imports
Exports
Balance of trade
Total 2022
December 2022
215,991.94
137,155.01
78,836.93
(58,318.08)
15,931.72
10,263.94
5,667.77
(4,596.17)
Top traders:
1 China, People's Republic of
2 Japan (includes Okinawa)
3 USA (includes Alaska and Hawaii)
3,310.32
1,603.43
1,511.25
Top imports:
1 Electronic products
2 Mineral fuels, lubricants and related materials
2,423.67
1,729.90
3 Transport equipment
832.63
Top exports:
1 Electronic products
2 Other mineral products
3,165.96
288.42
3 Other manufactured goods
OFW REMITTANCES (Source: BSP)
Total1/ (In thousand US dollars)
265.99
Total 2021
p
November 2022
31,417,614
2,643,861
Land-based
24,872,612
2,078,889
Sea-based
6,545,002
564,972
NUMBER of OVERSEAS FILIPINO WORKERS (Source: PSA)
Both sexes (In thousands)
Male
Female
2021
1,825
726
1,099
TRANSPORTATION (Source: LTO)
Registered motor vehicles
New
Renewal
2022
7,117,298
1,409,392
5,707,906
Licenses/Permits issued by type (new + renewal)
3,301,745
Student permit
Conductor's permit
Non-professional
Professional
License cases handled
Apprehensions handled
Impounded vehicles
Revenue collection (In billion pesos)
…
…
…
…
4,529,365
234,043
7,512
13.6
LABOR and EMPLOYMENT (Source: PSA)
Total 15 years old and over (in thousands)
Labor force participation rate (in percent)
Employment rate (in percent)
Underemployment rate (in percent)
Unemployment rate (in percent)
November 2022
76,914
67.5
95.8
14.4
4.2
ENROLMENT (Source: DepEd) BASIC ED
SY 2020-2021
Number of schools
Private
Elementary
Junior High School
Senior High School
11,009
5,894
4,861
Public
Elementary
Junior High School
Senior High School
39,235
9,862
7,455
Number of enrolment
Pre-School
Private
Public
SUCs/LUCs
PSO
Elementary (Grade 1 to 6)
Private
Public
SUCs/LUCs
PSO
2,055,635
125,848
1,927,619
782
1,386
12,595,169
821,720
11,753,629
8,975
10,845
Junior High School
Private
Public
SUCs/LUCs
PSO
8,339,391
1,238,473
7,043,981
50,779
6,158
Senior High School
Private
Public
SUCs/LUCs
PSO
3,236,827
1,189,707
1,987,180
58,219
1,721
Concept and Framework of Philippine GovernmentGovernment Structure and Duties
Source:
https://www.officialgazette.gov.ph/about/gov/#:~:text=One%20basic%20corollary%20i
n%20a,legal%20controversies%20to%20the%20Judiciary.
The Philippines is a republic with a presidential form of government wherein power is
equally divided among its three branches: executive, legislative, and judicial.
One basic corollary in a presidential system of government is the principle of separation
of powers wherein legislation belongs to Congress, execution to the Executive, and
settlement of legal controversies to the Judiciary.
The Legislative branch is authorized to make laws, alter, and repeal them through the
power vested in the Philippine Congress. This institution is divided into the Senate and
the House of Representatives.
The Executive branch is composed of the President and the Vice President who are
elected by direct popular vote and serve a term of six years. The Constitution grants the
President authority to appoint his Cabinet. These departments form a large portion of the
country’s bureaucracy.
Article VII, Section 1, of the 1987 Constitution vests executive power on the President of
the Philippines. 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 chief
executive, the President exercises control over all the executive departments, bureaus,
and offices.
POWERS OF THE PRESIDENT
PARDONING POWER/EXECUTIVE CLEMENCY
Article VII, Section 19. Except in cases of impeachment, or as otherwise provided in this
Constitution, the President may grant reprieves, commutations, and pardons, and remit
fines and forfeitures, after conviction by final judgment.
He shall also have the power to grant amnesty with the concurrence of a majority of all
the Members of the Congress.
APPOINTMENT POWER
Article VII, Section 16. The President shall nominate and, with the consent of the
Commission on Appointments, appoint the heads of the executive departments,
ambassadors, other public ministers and consuls, or officers of the armed forces from
the rank of colonel or naval captain, and other officers whose appointments are vested
in him in this Constitution. He shall also appoint all other officers of the Government
whose appointments are not otherwise provided for by law, and those whom he may be
authorized by law to appoint. The Congress may, by law, vest the appointment of other
officers lower in rank in the President alone, in the courts, or in the heads of departments,
agencies, commissions, or boards.
The President shall have the power to make appointments during the recess of the
Congress, whether voluntary or compulsory, but such appointments shall be effective
only until disapproved by the Commission on Appointments or until the next adjournment
of the Congress.
TREATY/DIPLOMATIC POWER
The president is the spokesperson of the nation on external affairs. He may deal with
foreign states and governments, extend or withhold recognition, maintain diplomatic
relations, enter into treaties, and transact business on foreign relations.
Article VII, Section 21. No treaty or international agreement shall be valid and effective
unless concurred in by at least two-thirds of all the Members of the Senate.
INFORMING POWER
Article VII, Section 23. The President shall address the Congress at the opening of its
regular session. He may also appear before it at any other time (State of the Nation
Address).
Purpose is to inform the people of the plans or measures to be undertaken.
MILITARY POWER
1. As commander-in-chief of all the armed forces of the Philippines, he can call them out,
whenever necessary, to prevent or suppress only lawless violence, invasion or rebellion.
2. He may suspend the privilege of the writ of habeas corpus or proclaim martial law in
case of invasion or rebellion only, when the public safety requires it.
EMERGENCY POWER
Source: https://verfassungsblog.de/the-philippines-dalliance-with-authoritarianism-intimes-of-national-emergency/
the Philippines’ 1987 Constitution also contains provisions concerning national
emergencies:
Article VI, SECTION 23. (2) In times of war or other national emergency, the Congress
may, by law, authorize the President, for a limited period and subject to such restrictions
as it may prescribe, to exercise powers necessary and proper to carry out a declared
national policy. Unless sooner withdrawn by resolution of the Congress, such powers
shall cease upon the next adjournment thereof.
ARTICLE XII, Section 17. In times of national emergency, when the public interest so
requires, the State may, during the emergency and under reasonable terms prescribed by
it, temporarily take over or direct the operation of any privately-owned public utility or
business affected with public interest.
ARTICLE VI Section 18. The President shall be the Commander-in-Chief of all armed
forces of the Philippines and whenever it becomes necessary, he may call out such armed
forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion
or rebellion, when the public safety requires it, he may, for a period not exceeding sixty
days, suspend the privilege of the writ of habeas corpus or place the Philippines or any
part thereof under martial law. Within forty-eight hours from the proclamation of martial
law or the suspension of the privilege of the writ of habeas corpus, the President shall
submit a report in person or in writing to the Congress. The Congress, voting jointly, by a
vote of at least a majority of all its Members in regular or special session, may revoke
such proclamation or suspension, which revocation shall not be set aside by the
President. Upon the initiative of the President, the Congress may, in the same manner,
extend such proclamation or suspension for a period to be determined by the Congress,
if the invasion or rebellion shall persist and public safety requires it.
NOTE
The first two provisions are collectively called the emergency power clauses of the
constitution. According to the Supreme Court, Congress is ultimately the repository of
emergency powers. However, given that it may not be possible or practicable for Congress
to meet and exercise its powers in times of a national emergency, the constitution authorizes
Congress to grant emergency powers to the President, subject to the following conditions:
1.
2.
3.
4.
There must be a war or other emergency.
The delegation must be for a limited period only.
The delegation must be subject to such restrictions as the Congress may prescribe.
The emergency powers must be exercised to carry out a national policy declared by
Congress.
ORDINANCE POWER
The President of the Philippines has the power to give executive issuances, which are
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 orders — Acts of the President providing for rules of a general or permanent
character in implementation or execution of constitutional or statutory powers shall be
promulgated in executive orders. (Administrative Code of 1987, Book III, Chapter 2,
Section 2.)
Administrative orders — Acts of the President which relate to particular aspects of
governmental operations in pursuance of his duties as the administrative head shall be
promulgated in administrative orders. (Administrative Code of 1987, Book III, Chapter 2,
Section 3)
Proclamations — Acts of the President fixing a date or declaring a status or condition of
public moment or interest, upon the existence of which the operation of a specific law or
regulation is made to depend, shall be promulgated in proclamations which shall have
the force of an executive order. (Administrative Code of 1987, Book III, Chapter 2, Section
4)
Memorandum orders — Acts of the President on matters of administrative detail, or of
subordinate or temporary interest which only concern a particular officer or government
office shall be embodied in memorandum orders. (Administrative Code of 1987, Book III,
Chapter 2, Section 5)
Memorandum circulars — Acts of the President on matters relating to internal
administration, which the President desires to bring to the attention of all or some of the
departments, agencies, bureaus, or offices of the government, for information or
compliance, shall be embodied in memorandum circulars. (Administrative Code of 1987,
Book III, Chapter 2, Section 6)
General or special orders — Acts and commands of the President in his capacity as
commander-in-chief of the Armed Forces of the Philippines shall be issued as general or
special orders. (Administrative Code of 1987, Book III, Chapter 2, Section 7)
EXAMPLES OF ORINANCE POWER
Executive Order No. 5 Series of 2016 (Oct. 11, 2016)
“Approving and Adopting the Twenty-Five-Year Long Term Vision Entitled Ambisyon Natin
2040 as Guide for Development Planning”
Administrative Order No. 43, Series of 2021 (June 1, 2021)
“AUTHORIZING THE GRANT OF HAZARD PAY TO GOVERNMENT PERSONNEL WHO
PHYSICALLY REPORT FOR WORK DURING THE PERIOD OF IMPLEMENTATION OF AN
ENHANCED COMMUNITY QUARANTINE AND A MODIFIED ENHANCED COMMUNITY
QUARANTINE, AMENDING ADMINISTRATIVE ORDER NO. 26 (S. 2020), AND FOR OTHER
PURPOSES”
Proclamation No. 1167, Series of 2021 (June 21, 2021)
“DECLARING THURSDAY, 24 JUNE 2021, A SPECIAL (NON-WORKING) DAY IN THE CITY
OF MANILA”
Memorandum Order No. 17, Series of 2017 (December 5, 2017)
DIRECTING THE PHILIPPINE NATIONAL POLICE AND OTHER LAW ENFORCEMENT
AGENCIES TO RESUME PROVIDING ACTIVE SUPPORT TO THE PHILIPPINE DRUG
ENFORCEMENT AGENCY IN THE CONDUCT OF ANTI-ILLEGAL DRUG OPERATIONS.
Memorandum Circular No. 41 , Series of 2018 (May 19, 2018)
“IN VIEW OF THE ORGANIZED TRANSPORT STRIKE, AND IN ORDER TO MINIMIZE THE
INCONVENIENCE TO THE RIDING PUBLIC, CLASSES IN PUBLIC AND PRIVATE SCHOOLS
AT ALL LEVELS IN METRO MANILA, ARE HEREBY SUSPENDED EFFECTIVE 2:00 PM
TODAY, 19 MARCH 2018”
Special Order No. 511, Series of 2018 (May 31, 2018)
“DESIGNATING THE EXECUTIVE SECRETARY AS OFFICER-IN-CHARGE DURING THE
PRESIDENT’S OFFICIAL VISIT TO SOUTH KOREA ON 03-05 JUNE 2018”
“Guardians of the Constitution”
The Judicial branch holds the power to settle controversies involving rights that are
legally demandable and enforceable. This branch determines whether or not there has
been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part
and instrumentality of the government. It is made up of a Supreme Court and lower
courts.
The constitution provides that the judicial powers shall be exercised by one Supreme
Court and other lower courts as may be provided by law.
SC composed of a Chief Justice and 14 Associate Justices
Grave Abuse of Discretion
•
•
•
Such capricious and whimsical exercise of judgment as equivalent to lack of
jurisdiction
Act is done contrary to the Constitution, the law, or Jurisprudence.
When act is executed whimsically, capriciously or arbitrarily out of malice, ill will
or personal bias.
QUALIFICATIONS
•
•
•
Natural born Citizen of the PH
A lower court Judge or Practicing lawyer in the PH not less than 15 years.
A person with proven competence, integrity, probity and Independence (Bangalore
Principles of Judicial Conduct-The Bangalore Draft {The new code of Judicial
Conduct})
The Constitution expressly grants the Supreme Court the power of Judicial Review as the
power to declare a treaty, international or executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance or regulation unconstitutional.
APPOINTMENTS TO THE JUDICIARY
By virtue of Article VIII, Section 8, appointments to the judiciary are made by the President
of the Philippines based on a list submitted by the Judicial and Bar Council which is under
the supervision of the Supreme Court. Its principal function is to screen prospective
appointees to any judicial post. It is composed of the chief justice as ex-officio chairman,
the Secretary of Justice and representatives of Congress as ex-officio members, and a
representative of the Integrated Bar, a professor of law, a retired member of the Supreme
Court and a representative of the private sector as members.
POWERS OF THE SUPREME COURT
According to the 1987 Constitution, Article VIII, Section 5, the Supreme Court exercises
the following powers:
1. Exercise jurisdiction over cases affecting ambassadors, other public ministers and
consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto,
and habeas corpus.
2. 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;
3. 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.
4. Order a change of venue or place of trial to avoid a miscarriage of justice.
5. Promulgate rules concerning the protection and enforcement of constitutional
rights, pleading, practice, and procedure in all courts; the admission to the practice
of law, the Integrated Bar; and legal assistance to the underprivileged. Such rules
shall provide a simplified and inexpensive procedure for the speedy disposition of
cases, shall be uniform for all courts the same grade, and shall not diminish,
increase or modify substantive rights. Rules of procedure of special courts and
quasi-judicial bodies shall remain effective unless disapproved by the Supreme
Court.
6. Appoint all officials and employees of the Judiciary in accordance with the Civil
Service Law (Sec. 5 , id.).
EXPLANATION OF SEPARATION OF POWERS
According to Article II, Section 1 of the 1987 Constitution states that “the Philippines is a
democratic and republican state. So that the one the characteristics of being
republicanism is SEPARATION OF POWERS within the three branches of the Philippine
Government
In the book of former SC Justice Nachura expound that the SEPARATION OF POWERS is
to Prevent the concentration of Authority whether in one or group of person that may
cause to an irrevocable error or abusing of power in its exercise to the impairment of
republican institutions. And then we have what we call the political question doctrine.
POLITICAL HIERARCHY OF THE PHILIPPINES