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Article VII, Section 1, of the 1987 Constitution vests executive power to the President of the Philippines, who functions as the Head of State, Head of Government, and Commander-in-Chief of the Armed Forces of the Philippines. As Chief Executive, the President of the Philippines exercises control over all the executive departments, bureaus, and offices. President of the Philippines The President of the Philippines is elected by direct vote by the people for a term of six years. He may only serve for one term and is ineligible for reelection. The term of the President of the Philippines starts at noon of the 30th day of June after an election is held. Qualifications The qualifications for an individual to aspire for the Presidency of the Philippines are outlined in Article VII, Section 2 of the Constitution. According to the Constitution, an individual may become President provided he meets the following criteria: 1. Natural born Filipino 2. A registered voter 3. Must be able to read and write 4. 40 years of age at the day of the election 5. Must have resided in the Philippines ten years before the election is held History The President of the Philippines is elected by direct vote of the people and has a term of six (6) years with no provision for reelection. There have been 15 presidents of the Philippines from the establishment of the office on January 23, 1899 in the Malolos Republic. President Emilio Aguinaldo was the inaugural holder of the office and held the position until March 23, 1901, when he was captured by the Americans during the Philippine-American War. The Office of the President of the Philippines was abolished after the capture of Aguinaldo and ceased to exist until the inauguration of the Philippine Commonwealth in 1935.

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Article VII, Section 1, of the 1987 Constitution vests executive power to the President of the Philippines, who functions as the Head of State, Head of Government, and Commander-in-Chief of the Armed Forces of the Philippines. As Chief Executive, the President of the Philippines exercises control over all the executive departments, bureaus, and offices.

President of the PhilippinesThe President of the Philippines is elected by direct vote by the people for a term of six years. He may only serve for one term and is ineligible for reelection. The term of the President of the Philippines starts at noon of the 30th day of June after an election is held.

QualificationsThe qualifications for an individual to aspire for the Presidency of the Philippines are outlined in Article VII, Section 2 of the Constitution. According to the Constitution, an individual may become President provided he meets the following criteria:

1. Natural born Filipino

2. A registered voter

3. Must be able to read and write

4. 40 years of age at the day of the election

5. Must have resided in the Philippines ten years before the election is held

HistoryThe President of the Philippines is elected by direct vote of the people and has a term of six (6) years with no provision for reelection.

There have been 15 presidents of the Philippines from the establishment of the office on January 23, 1899 in the Malolos Republic. President Emilio Aguinaldo was the inaugural holder of the office and held the position until March 23, 1901, when he was captured by the Americans during the Philippine-American War.

The Office of the President of the Philippines was abolished after the capture of Aguinaldo and ceased to exist until the inauguration of the Philippine Commonwealth in 1935.

After the first national elections were held on September 16, 1935, Manuel L. Quezon was elected as the Second President of the Philippines and the First President of the Philippine Commonwealth. President Manuel L. Quezon would stay in office for three terms because the 1935 Constitution did not provide for term limits. First elected in 1935 for a six-year term, under the unamended 1935 Constitution, next elected in 1941 under the newly amended 1935 Constitution, which shortened the term of the President to four years, then in 1943 when he had to take and emergency oath of office due to World War II.

When World War II forced the Philippine Commonwealth into exile, a different government would be installed in the Philippines, later to be known as the Second Republic of the Philippines. Jose P. Laurel would lead this government as the third President of the Philippines and the first President of the Second

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Republic. Laurel stayed in office from 1943 to 1944 when the Second Republic was abolished. At this point, the President of the Second Republic would overlap with the President of the Commonwealth.

The Philippine Commonwealth would be reestablished in 1945 with President Sergio Osmeña as the Second President of the Commonwealth and the Fourth President of the Philippines. Osmeña took his oath of office in the United States after the demise of President Manuel L. Quezon. Osmeña would run in the first post-war Presidential Elections held in 1946 but lose to Senate President Manuel Roxas.

President Manuel Roxas was elected in 1946 as the Third President of the Philippine Commonwealth and the Fifth President of the Philippines. He would usher in the end of the Philippine Commonwealth on July 4, 1946, and the birth of the Third Republic. Roxas’ term would carry over to the Third Republic. Thus, he would become the First President of the Third Republic. Roxas would be followed by Presidents Quirino, Magsaysay, Garcia, Macapagal, and as the Second, Third, Fourth, and Fifth Presidents of the Third Republic and the Sixth, Seventh, Eighth, Ninth Presidents of the Philippines, respectively.

President Ferdinand E. Marcos became the Last President of the Third Republic when he declared Martial Law in 1972 and start the Fourth Republic by virtue of the 1973 Constitution. Marcos became the First President of the Fourth Republic and the Tenth President of the Philippines overall. Marcos stayed in office for 20 years; the longest serving President of the Philippines.

In 1986, the Edsa Revolution successfully installed Corazon C. Aquino as the new President of the Philippines; the Eleventh in the country’s history. President Aquino served as the Second and Last President of the Fourth Republic in beginning of her term. When the 1987 Constitution was put into full force and effect, the Fourth Republic was ended and the Fifth Republic inaugurated. Thus, President Aquino became the First President of the Fifth Republic. She would be followed by Presidents Ramos, Estrada, and Arroyo as the Second, Third, and Fourth Presidents of the Fifth Republics and Twelfth, Thirteenth, and Fourteenth Presidents of the Philippines Respectively.

The current President, Benigno S. Aquino III, is the Fifth President of the Fifth Republic and the Fifteenth President of the Philippines.

Powers of the PresidentBesides the Constitution, the powers of the President of the Philippines are specifically outlined in Executive Order no. 292 s. 1987, otherwise 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 above mentioned offices strict implementation of laws.

2. Power Ordinance Power

The President of the Philippines has the power give executive issuances. Executive Issuance 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:

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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 Orders. — Acts of the President which relate to particular aspects of governmental operations in pursuance of his duties as administrative head shall be promulgated in administrative orders.

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.

Memorandum Orders. — Acts of the President on matters of administrative detail or of subordinate or temporary interest which only concern a particular officer or office of the Government shall be embodied in memorandum orders.

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.

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.

It is important to note that during the term of President Ferdinand E. Marcos, he used Executive Issuances known asPresidential Decrees as a form of legislation. These Presidential Decrees have the full force and effect of laws because at the time the legislature did not exist and, when the 1973 Constitution was put into full force and effect, it gave the power to the President to as such. This continued until the first year of President Corazon C. Aquino’s term. However, President C. Aquino opted to used Executive Orders instead of Presidential Decrees. These Executive Orders of President C. Aquino, however, still had the full force and effect of laws until the ratification of the 1987 Constitution.

3. Power over Aliens

The President of the Philippines has the power 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 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

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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.

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 RA 7160 otherwise known as the Local Government Code of 1991.

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Traditionally, this is done by the Department of the Interior and Local Government, headed by a Cabinet Secretary; an alterego of the President.

7. Other Powers

Aside from the aforementioned powers of the President of the Philippines, he can also exercise powers enumerated in the Constitution and powers given to him by law.

Line of SuccessionThe Constitution provides for a line of succession in the event that the elected President of the Philippines is not able to discharge the duties of his office due to death, disability, or resignation. The following is the line of succession:

1. Vice President –  in cases of the death, disability, or resignation of the President

2. Senate President – in cases of the death, disability, or resignation of the President and Vice President

3. Speaker of the House of Representatives – in cases of the death, disability, or resignation of the President, Vice President, and Senate President

The Congress of the Philippines is mandated enact a law calling for a special election three days after the vacancy in the Office of the President and Vice President. The special election should occur 40 days after the enactment of the law but not later than 60 days after the enactment of the law.

Vice President of the PhilippinesThe Vice President of the Philippines is elected by direct vote by the people for a term of six years and may run for reelection once. The term of the Vice President of the Philippines starts at noon of the 30th day of June after an election is held.

QualificationsThe qualifications for aspirants to the Office of the Vice President is outlined in Article VII, Section 3. According to the Constitution, the qualifications for the President is the same for the Vice President.

HistoryThe Vice President of the Philippines is elected via a direct vote of the people for a term of 6 years with a possibility of reelection. According to the Constitution the Vice President may take on a cabinet portfolio in concurrent capacity.

The first constitution of the Philippines, the Malolos Constitution, did not provide for a Vice President of the Philippines. It only had provisions for a President and a Prime Minister. The first legal basis for the existence of the Office came in 1935 upon the inauguration of the Commonwealth Government.

There have been 12 people who have held the Office of the Vice President from its establishment in 1935. Vice President Sergio Osmeña was the inaugural holder of the position and served for 3 terms of office. He first took his oath after the 1935 elections under the Philippine Commonwealth and once again in 1941 before the Philippine government went into exile. His third Oath taking happened in the United States when the terms the officials of the Philippine Government-in-exile are up.

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The Philippines’ second Vice President was elected in 1946 under the Commonwealth of the Philippines. Vice President Elpidio Quirino was elected under the Commonwealth Government but transitioned into the Third Republic on July 4, 1946. Quirino was followed by Fernando Lopez, Carlos P. Garcia, and Emmanuel Pelaez. Fernando Lopez would once again be elected in 1965 when he ran with Ferdinand Marcos. Lopez was elected for 2 terms until the abolition of the Office of the Vice President on September 23, 1972, when martial law was declared.

The original 1973 Constitution did not provide of a Vice President of the Philippines. The position remained abolished until the Constitutional Amendments were made in 1978. It was only in 1986, however, when the position was filled. Arturo Tolentino took his oath in secret in Malacañan Palace. His term, however, only lasted for days when the EDSA Revolution installed new leadership in the country.

When the 1987 Constitution was ratified, the position of Vice President of the Philippines would remain with Salvador Laurel Jr. as its inaugural holder. Since the institution of the 1987 Constitution the Fifth Republic has had six Vice Presidents with five being elected and one being appointed.

Duties of the Vice PresidentAccording to the Constitution, the Vice President may concurrently assume a cabinet position should the President of the Philippines offer him one. The Vice President will become a Secretary concurrent to his position of Vice President.

Aside from the Cabinet post, the Vice President is mandated to assume the Presidency in case of the death, disability, or resignation of the incumbent President.

Line of SuccessionShould there be a vacancy of the Office of the Vice President, the President of the Philippines is required by the Constitution to nominate a replacement with the concurrence of Committee on Appointments.

Cabinet SecretariesFunctions of a Cabinet SecretaryCabinet Secretaries act as the alter ego of the President executing, with his authority, the power of the Office of the President in their respective departments.

The number of Cabinet Secretaries varies from time to time depending on the need of an Administration. According to the Administrative Code of 1987, the President of the Philippines may create or dissolve any department as he sees fit.

Appointment of Cabinet SecretariesAccording to the Article 7, Section 16, the President may appoint anyone to executive departments with the consent of the Commission on Appointments. Names of individuals nominated to cabinet posts are submitted to the Commission on Appointments for their consideration.

An individual may not assume his post in a given department unless confirmed by the Commission on Appointments. However, the Constitution provides for individual becoming Cabinet Secretaries in an Acting Capacity before they are confirmed. According to Article VII, Section 16 of the Constitution, the President may appoint anyone to cabinet posts even if Congress is in recess. These appointments are

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valid until the Commission on Appointments disapproves them or at the end of the next session of Congress.

Not all Cabinet members, however, are subject to confirmation of the Commission on Appointments. According to the Commission of Appointments website, the following need confirmation in order to assume their posts:

1. Executive Secretary

2. Secretary of Agrarian Reform

3. Secretary of Agriculture

4. Secretary of Budget and Management

5. Secretary of Education

6. Secretary of Energy

7. Secretary of Environment and Natural Resources

8. Secretary of Finance

9. Secretary of Foreign Affairs

10. Secretary of Health

11. Secretary of Justice

12. Secretary of Labor and Employment

13. Secretary of National Defense

14. Secretary of Public Works and Highways

15. Secretary of Science and Technology

16. Secretary of Social Welfare and Development

17. Secretary of the Interior and Local Government

18. Secretary of Trade and Industry

19. Secretary of Transportation and Communications

20. Secretary of Tourism

21. Commission on Higher Education

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21. Director General of the National Economic and Development Authority

Powers of a Cabinet SecretaryAs stated above, a Cabinet Secretary is the alter ego of the President in their respective Departments. Thus, they posses the power to issue directives relative to their departments, such as department orders. These orders only apply to offices under a specific department under the Cabinet Secretary’s jurisdiction. Cabinet Secretaries also act as advisors to the President of the Philippines for their areas.

The lawmaking function of Congress is very important. It passes laws that regulate the conduct of and relations between the private citizens and the government. It defines and punishes crimes against the state and against persons and their property. It determines the taxes people should pay for the maintenance of the government. It appropriates the money to be spent for public purposes. It can reorganize, create, or abolish offices under the civil service. And it can create and abolish courts, except the Supreme Court. Finally, it is only Congress which was given by the Philippine Constitution the sole power to declare war and to authorize the President - in case of national emergency or war - to issue executive orders embodying rules and regulations intended to carry out the natioal policy.  

Article VI, Section 2 of the Constitution provides:

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.

It is worthy to note that the composition of the Senate is smaller in number as compared to the House of Representatives. The members of this chamber are elected at large by the entire electorate. The rationale for this rule intends to make the Senate a training ground for national leaders and possibly a springboard for the presidency. It follows also that the Senator, having a national rather than only a district constituency, will have a broader outlook of the problems of the country, instead of being restricted by narrow viewpoints and interests. With such

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perspective, the Senate is likely to be more circumspect, or at least less impulsive, than the House of Representatives.

Qualifications to Become Senators

The qualifications for membership in the Senate are expressly stated in Section 3, Art. VI of the Constitution as follows:

No person shall be a Senator unless he is a natural-born citizen of the Philippines, and on the day of the election, is at least thirty-five years of age, able to read and write, a registered voter, and a resident of the Philippines for not less than two years immediately preceding the day of the election.

It is worthy to note that the age is fixed at 35 and must be possessed on the day of the elections, that is, when the polls are opened and the votes cast, and not on the day of the proclamation of the winners by the board of canvassers.

With regard to the residence requirement, it was ruled in the case of Lim v. Pelaez  that it must be the place where one habitually resides and to which he, after absence, has the intention of returning.

The enumeration laid down by the Constitution is exclusive under the Latin principle of expressio unius est exclusio alterius. This means that Congress cannot anymore add additional qualifications other than those provided by the Constitution.

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Organization of the Senate

Under the Constitution, “Congress shall convene once every year on the fourth Monday of July for its regular session...”. During this time, the Senate is organized to elect its officers. Specifically, the Constitution provides a definite statement, to wit:

The Senate shall elect its President and the House of Representatives its Speaker by a majority vote of all its respective members.

Each House shall choose such other officers as it may deem necessary.

x x x

(3) Each House may determine the rules of its proceedings ...

By virtue of these provisions of the Constitution, the Senate adopts its own rules, otherwise known as the “Rules of the Senate.” The Rules of the Senate provide the following officers: a President, a President Pro Tempore, a Secretary and a Sergeant-at-Arms.

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Following this set of officers, the Senate as an institution can then be grouped into the Senate Proper and the Secretariat. The former belongs exclusively to the members of the Senate as well as its committees, while the latter renders support services to the members of the Senate.

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The Senate Proper

A. The Officers of the Senate

1. The Senate President

Widely regarded as the most powerful figure in the Senate, the Senate President is the presiding officer of the Senate as well as the leader of the majority group. Under the Constitution, the Senate President is regarded as third in line of succession, after the President and Vice-President.

Under Section 3 of Rule III of the Rules of the Senate, the Senate President is the Chief Executive of the Senate. His duties and powers are as follows:

(a) To preside over the sessions of the Senate on the days and at the hours designated by it; to call the Senate to order and, if there is a quorum, to order the reading of the Journal of the preceding session and, after the Senate shall have acted upon it, to dispose of the matters appearing in the Order of Business in accordance with the Rules;

(b) To decide all points of order;

(c) To sign all measures, memorials, joint and concurrent resolutions; issue warrants, orders of arrest, subpoena and subpoena duces tecum;

(d) To see to it that all resolutions of the Senate are complied with;

(e) To have general control over the session hall, the antechambers, corridors and offices of the Senate;

(f) To maintain order in the session hall, the antechambers, corridors and in the offices of the Senate, and whenever there is disorder, to take appropriate measures to quell it;

(g) To designate an Acting Sergeant-at-Arms, if the Sergeant-at-Arms resigns, is replaced or becomes incapacitated;

(h) To appoint the subordinate personnel of the Senate in conformity with the provisions of the General Appropriations Act;

(i) To dismiss any employee for cause, which dismissal in the case of permanent and classified employees shall be in conformity with the Civil Service Law; and

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(j) To diminish or increase the number of authorized personnel by consolidating or separating positions or items whenever the General Appropriations Act so authorizes and the total amount of salaries or allocations does not exceed the amount earmarked therein.

2. The Senate President Pro Tempore

Like the President of the Senate, the Senate President Pro Tempore is also elected by the members of the Senate. In the U.S., by custom, he is the most senior member of the majority party. Although it is not exclusively followed here, for sometime in the past Senates, senior members of the majority party are often elected as Senate President Pro Tempore. Under Section 4 of Rule IV of the Rules of the Senate, the President Pro Tempore shall discharge the powers and duties of the President in the following cases:

(a) When the President is absent for one or more days;

(b) When the President is temporarily incapacitated; and

(c) In the event of the resignation, removal, death or absolute incapacity of the President.

3. The Majority Leader

In the modern Senate, the second in command is the majority leader, whose primary responsibility is to manage the legislative affairs of the chamber. While nothing in the Rules of the Senate expressly states the powers of the Majority Leader, to a great extent, he is very influential in the passage of bills. As the traditional Chairman of the Committee on Rules, the Majority Leader helps formulate, promote, negotiate and defend the majority’s legislative program, particularly on the floor.

4. The Minority Leader

The minority group chooses from among themselves the Minority Leader who is considered as the titular head of the minority in the Senate and oftentimes called a “shadow president.”

In many past rigodons of the Senate or the so-called Senate “coups,” sometimes the minority leader becomes the President and the ousted President becomes the minority leader.

The basic duties of the Minority Leader is that he becomes the spokesman for his party or group or coalition and enunciates its policies. He is expected to be alert and vigilant in defense of the minority’s rights. It is his function and duty to criticize constructively the policies and programs of the majority, and to this end employ parliamentary tactics and give close attention to all proposed legislation.

The Rules of the Senate gives the President Pro Tempore and the Majority and Minority Leaders unique privileges as all are ex-officio members of all the permanent committees of the Senate.

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B. The Senate Committees

At the core of Congress’ lawmaking, investigative and oversight functions lies the committee system. This is so because much of the business of Congress, it has been well said, is done in the committee. Specific problems, whether local or national in scope, are initially brought to the forum of congressional committees where they are subjected to rigid and thorough discussions.

Congressional hearings and investigations on matters dealing with every field of legislative concern have frequently been conducted by congressional committees.

To a large extent, therefore, the committee system plays a very significant role in the legislative process. Congressional responses and actions vis-a-vis growing national problems and concerns have considerably relied upon the efficiency and effectiveness of the committee structure, system and expertise. As pointed out by Woodrow Wilson regarding the important roles played by different committees of Congress:

The House sits, not for serious discussion, but to sanction the conclusions of the Committees as rapidly as possible. It legislates in its committee rooms; not by the deliberation of majorities, but by the resolutions of specially-commissioned minorities; so that it is not far from the truth to say that Congress in session is Congress on public exhibition, while Congress in its committee rooms is Congress at work.

On the other hand, the merits of Polsby’s view with regard to the importance of the committee system can be well considered:

Any proposal that weakens the capabilities of congressional committees weakens Congress. Congressional committees are the listening posts of Congress. They accumulate knowledge about the performance of governmental agencies and about the effects of governmental programs and performance on private citizens. They provide incentives to members of Congress to involve themselves in the detailed understanding of governmental functioning. They provide a basis - virtually the only well institutionalized basis in the House of Representatives - for understanding and for influencing public policy. 

The present committee system in the Senate has by far been the product of strong years of Philippine legislative experience. It draws its strength from the inherent functions it is mandated to perform, i.e., to assist the Congress in coming up with well studied legislative policy enactments. Yet the complexity of problems that our country is currently facing and the growing needs and demands of our people for a more assertive role on the part of Congress cannot but require us to assess the effectiveness as well as the responsiveness of the congressional committee structure and system. In order to survive and meet the challenges, Congress must adjust to external demands and cope with internal stresses. It must be pointed out that social, economic, and political developments generate demands that the legislature pass legislation or take other action to meet constitutional and public expectations concerning the general welfare. The continuing rise of unemployment, poverty, economic depression, scandals, crises and calamities of various kinds, energy problem and accelerating technological innovations, all intensify pressures upon Congress. Political or governmental shifts, aggressive presidential leadership, partisan realignments, and momentous and controversial Supreme Court rulings, among other things, also drive the congressional workload.

However, the effects of external demands create interpersonal stresses within Congress, and in the Senate in particular. For instance, a ballooning workload (external demand) of some committees has caused personal or committee scrambles for jurisdiction (internal

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stress). Other tensions that may be considered range from the growth in the member-ship of various committees, jurisdictional disputes among several committees, shifts in its personnel, factional disputes and members’ shifting attitudes or norms. Such conflicts surface in recurrent debates over pay, requisites, committee jurisdictions, rules scheduling, and budgetary procedures which necessitate the call for an assessment of the present structure of the Senate Committee System. The present committee structure of the Senate is composed of 36 standing committees and five ad hoc and oversight committees. These standing committees with their respective jurisdictions are as follows:

Committee on Accountability of Public Officers and Investigations

Jurisdiction: All matters relating to, including investigation of, malfeasance, misfeasance and nonfeasance in office by officers and employees of the government, its branches, agencies, subdivisions and instrumentalities; implementation of the provision of the Constitution on nepotism; and investigation of any matter of public interest on its own initiative or brought to its attention by any member of the Senate.

Committee on Accounts

Jurisdiction: All matters relating to the auditing and adjustment of all accounts chargeable against the funds for the expenses and activities of the Senate.

Committee on Agrarian Reform

Jurisdiction: All matters relating to agrarian reform, landed estates, and implementation of the agrarian land reform provisions of the Constitution.

Committee on Agriculture and Food

Jurisdiction: All matters relating to agriculture, food production and agri-business, including agricultural experimental stations, agricultural economics and research; soil survey and conservation; agricultural education; technical extension services; animal husbandry; livestock quarantine; agricultural support price; and fisheries and aquatic resources.

Committee on Banks, Financial Institutions and Currencies

Jurisdiction: All matters relating to banks, financial institutions, government and private currencies, capital markets, mutual funds, securitization, coinage and circulation of money.

Committee on Civil Service and Government Reorganization

Jurisdiction: All matters relating to the Civil Service and the status of officers and employees of the government including their appointment, discipline, retirement; their compensation privileges, benefits and incentives; implementation of the constitutional provisions on the rights of government workers to form and join labor organizations; public sector labor-management relations and collective negotiation agreements; reorganization of the government or any of its branches, agencies, subdivisions or instrumentalities; all human resource development programs pertaining to the government; and all other matters relating to the bureaucracy.

Committee on Constitutional Amendments, Revision of Codes and Laws

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Jurisdiction: All matters proposing amendments to the Constitution of the Philippines and the compilation and revision of existing codes and laws; election laws and implementation of constitutional provisions on initiative and referendum on legislative acts; recall of elective officials; the role and rights of people’s organizations; and sectoral or party-list representation.

Committee on Cooperatives

Jurisdiction: All matters relating to cooperatives, both urban and rural-based, including but not limited to farm credit and farm security, cooperative movements, marketing and consumers’ organizations; and the implementation of the Cooperative Code of the Philippines.

Committee on Cultural Communities

Jurisdiction: All matters relating to cultural communities.

Committee on Economic Affairs

Jurisdiction: All matters relating to economic planning and programming; the planning of domestic and foreign indebtedness; general economic development; and coordination, regulation and diversification of industry and investments.

Committee on Education, Arts and Culture

Jurisdiction: All matters relating to education, schools, colleges, universities; implementation of the provisions of the Constitution regarding the establishment of free public elementary and secondary education, scholarship grants, subsidies and incentives to deserving students; non-formal, informal, indigenous learning systems, and adult education; the preservation, enrichment and evolution of Filipino arts and culture; establishment and maintenance of libraries, museums, shrines, monuments, and other historical sites and edifices; training programs and cultural and artistic programs of international institutions and organizations operating in the Philippines, such as the UNESCO; and special commemorative events such as the observance of the centennial of Philippine Independence.

Committee on Energy

Jurisdiction: All matters relating to the exploration, exploitation, development, extraction, importation, refining, transport, marketing, distribution, conservation, or storage of all forms of energy products and resources such as from fossil fuels like petroleum, coal, natural gas and gas liquids, nuclear fuel resources; geothermal resources and non-conventional, existing and potential forms of energy resources; and generation, transmission and distribution of electric power.

Committee on Environment and Natural Resources

Jurisdiction: All matters relating to the conservation and protection of the environment, the regulation of the impact of human activities on the same, the promotion of environmental awareness of our citizens, the renewal of resources in damaged ecosystems and other environment-related issues; and all matters relating to the administration, management, development, protection, exploration, storage, renewal, regulation and licensing, and wise

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utilization of the country’s national reserves including, but not limited to forest, mineral, public land, off-shore areas and the development of industries based on these resources.

Committee on Ethics and Privileges

Jurisdiction: All matters relating to the conduct, rights, privileges, safety, dignity, integrity and reputation of the Senate and its Members.

Committee on Finance

Jurisdiction: All matters relating to funds for the expenditures of the National Government and for the payment of public indebtedness; auditing of accounts and expenditures of the National Government; claims against the government; inter-governmental revenue sharing; and, in general, all matters relating to public expenditures.

Committee on Foreign Relations

Jurisdiction: All matters relating to the relations of the Philippines with other nations generally; diplomatic and consular services; the Association of Southeast Asian Nations; the United Nations Organization and its agencies; multilateral organizations; all international agreements, obligations and contracts; and overseas Filipinos.

Committee on Games, Amusement and Sports

Jurisdiction: All matters relating to games and amusement, such as lotteries, jai-alai, horse racing, dog racing, wrestling, boxing, basketball and all other sports, as well as matters relating to amateur sports development.

Committee on Government Corporations and Public Enterprises

Jurisdiction: All questions affecting government corporations, including all amendments to their charters; the interests of the government in the different industrial and commercial enterprises; and privatization.

Committee on Health and Demography

Jurisdiction: All matters relating to public health in general, medical, hospital and quarantine services; population issues, concerns, policies and programs affecting individuals and their families, their effects on national, social and economic conditions.

Committee on Justice and Human Rights

Jurisdiction: All matters relating to the organization and administration of justice, civil courts, penitentiaries and reformatory schools; probation; impeachment proceedings against constitutional officers and other officers legally removable by impeachment; registration of land titles; immigration and naturalization; the implementation of the provisions of the Constitution on human rights; and all matters pertaining to the efficiency and reforms in the prosecution service.

Committee on Labor, Employment and Human Resources Development

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Jurisdiction: All matters relating to labor employment and human resource development; maintenance of industrial peace; promotion of employer-employee cooperation; labor education, standards and statistics; organization of the labor market including recruitment, training and placement of workers and exports of human resources; foreign workers in the Philippines; promotion and development of workers’ organizations; and promotion and development of employment-intensive technology.

Committee on Local Government

Jurisdiction: All matters relating to autonomous regions, provinces, cities, special metropolitan political subdivisions, municipalities and barangays.

Committee on National Defense and Security

Jurisdiction: All matters relating to national defense and external and internal threats to national security; the Armed Forces of the Philippines; pension plans and fringe benefits of war veterans and military retirees; citizens army selective service; forts; arsenals; military bases, reservations and yards; coast, geodetic and meteorological surveys; civil defense; and military research and development.

Committee on Peace, Unification and Reconciliation

Jurisdiction: All matters relating to peace, internal armed conflict resolution, political negotiation, cessation of hostilities, amnesty, rebel returnees, integration and development, national unification and reconciliation.

Committee on Public Information and Mass Media

Jurisdiction: All matters relating to public information, mass communication and broadcast services; the implementation of the provisions of the Constitution regarding ownership and management of mass media and the advertising industry; the development and promotion of information technology; and all matters relating to the artistic standards and quality of the motion picture and television industry.

Committee on Public Order and Illegal Drugs

Jurisdiction: All matters relating to peace and order; the Philippine National Police; the Bureau of Jail Management; the BFP; private security agencies; the use, sale, acquisition, possession, cultivation, manufacture and distribution of prohibited and regulated drugs and other similar substances as provided for under pertinent laws, and the prosecution of offenders, rehabilitation of drug users and dependents, including the formulation of drug-related policies.

Committee on Public Services

Jurisdiction: All matters affecting public services and utilities; communications; land, air, river and sea transportation including railroads, inter-island navigation, and lighthouses; and the grant or amendment of legislative franchises.

Committee on Public Works

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Jurisdiction: All matters relating to planning, construction, maintenance, improvement and repair of public buildings, highways, bridges, roads, ports, airports, harbors and parks; drainage, flood control and protection; and irrigation and water utilities.

Committee on Rules

Jurisdiction: All matters affecting the Rules of the Senate; the calendar as well as parliamentary rules and the order and manner of transacting business and the creation of committees.

The Chairman of the Committee shall be the Majority Leader of the Senate. The Vice-Chairmen shall be the Assistant Majority Leaders.

Committee on Science and Technology

Jurisdiction: All matters relating to science and technology, including scientific and technological research, development and advancement.

Committee on Social Justice, Welfare and Rural Development

Jurisdiction: All matters relating to rural development and welfare, and the implementation of the provisions of the Constitution on social justice.

Committee on Tourism

Jurisdiction: All matters relating to tourism and the tourist industry.

Committee on Trade and Commerce

Jurisdiction: All matters relating to domestic and foreign trade and private corporations; patents, copyrights, trade names and trademarks; standards, weights, measures and designs; quality control; control and stabilization of prices of commodities; consumer protection; handicraft and cottage industries; and marketing of commodities.

Committee on Urban Planning, Housing and Resettlement

Jurisdiction: All matters relating to urban land reform, planning, housing, resettlement and urban community development.

Committee on Ways and Means

Jurisdiction: All matters relating to revenue generally; taxes and fees; tariffs; loans and other sources and forms of revenue.

Committee on Youth, Women and Family Relations

Jurisdiction: All matters relating to the youth, women and family relations.

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THE SPEAKER, in the hierarchical order of political leadership, is the fourth highest official in the Philippine government. He presides over the session; decides on all questions of order, subject to appeal by any member; signs all acts, resolutions, memorials, writs, warrants and subpoenas issued by or upon order of the House; appoints, suspends, dismisses or disciplines House personnel; and exercise administrative functions.The Speaker is elected by a majority vote of all the Members at the commencement of each Congress.

The Deputy Speakers of the Philippine House of Representatives are the second highest-ranking officials of the Philippine House of Representatives. During the absence of the House Speaker, one of the House Deputy Speakers will preside over the House of Representatives.Duties and Powers: House Rules VDEPUTY SPEAKERS - 16th Congress of the Philippines

Hon. Henedina R. Abad Hon. Giorgidi B. Aggabao Hon. Sergio A. F. Apostol Hon. Pangalian M. Balindong Hon. Carlos M. Padilla Hon. Roberto V. Puno

The Majority Leader is elected in a party caucus of the majority ruling party. His primary function, aside from being the spokesman of the majority party, is to direct the deliberations on the floor.

In the present set-up of the House, the Majority Leader is concurrently the Chairman of the Committee on Rules. As such, all matters relevant to the Rules of the House, specifically the calendar of bills, preparation of Order of Business and Calendar of Business are within his responsibilities.

MAJORITY LEADER - 16th Congress of the Philippines Neptali M. Gonzales II

The Minority Leader is the acknowledged spokesman of the minority party in the House. But it does not necessarily follow that he is also the leader of the party because the minority party in the House may be composed of one or more political groupings.

Like the Majority Leader, the Minority Leader is elected in party caucus of all Members of the House in the minority party. He is an ex-officio member of all standing Committees.

MINORITY LEADER - 16th Congress of the Philippines Ronaldo B. Zamora

The judicial branch of government is made up of the Supreme Court and several other lower courts established by law. Only the Supreme Court, however, is a constitutional court - its creation being provided by the Constitution under Section1, Article VIII. The 1987 Constitution, which was adopted after the overthrow of former president Ferdinand E. Marcos's totalitarian regime, conferred unique powers on the Supreme Court to afford greater protection to the individual's fundamental rights and guard against governmental abuses.Composition of the Supreme CourtThe Philippine Supreme Court is composed of one chief justice and 14 associate justices. The justices are allowed to hear cases en banc, which means all of them sitting together, or in divisions of three, five or

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seven members. Under Sec. 4(2), Art. VIII of the Constitution, however, the following cases are required to be decided en banc:Those involving the constitutionality of a treaty, international or executive agreement, or lawThose involving the constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances and other regulationsThose required by the Rules of Court to be decided en bancThe modification or reversal of doctrines laid down by the Court sitting in division or en bancDefinition of Judicial PowerThe chief function of the judicial branch is the exercise of judicial power. Unlike the US Constitution, Sec. 1, par. 2, Art. VIII of the Philippine Constitution defines judicial power as "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."According to retired Supreme Court Justice Isagani Cruz in his bookPhilippine Political Law, this provision of the 1987 Constitution expanded the definition of judicial power by including not only the traditional exercise of judicial power - which is the settlement of conflicting legal rights - but also giving the judiciary the power to review the exercise of discretion by the political branches of government. Justice Cruz contends that the Supreme Court can now rule even on the wisdom of the president and congress's decision (political questions) if they are guilty of grave abuse of discretion.Former Constitutional Commission (body that drafted the 1987 Philippine Constitution) delegate Fr. Joaquin Bernas, however, was careful to point out in his book  The 1987 Philippine Constitution: A Reviewer-Primer that the expanded definition of judicial power (also known as expanded certiorari jurisdiction) did not do away with the political question doctrine (the rule that courts cannot rule on the exercise of discretion by the political branches under the principle of separation of powers), but to prevent the judiciary from shying away in its duty to review acts of the executive and legislature at the mere invocation of the political question doctrine even when there is clear abuse in the exercise of power by these branches.At any rate, in Francisco, Jr. v. House of Representatives, the Supreme Court, in denying the plea for the Court not to review the impeachment proceeding brought before the House of Representatives against former Chief Justice Hilario Davide, Jr., has ruled that it is not only a power but a duty on the courts to rule on actions of the other branches of government whenever there has been a grave abuse of discretion in the exercise of their powers.Rule-Making Power of the Supreme CourtOne of the most innovative features of the 1987 Philippine Constitution is the grant of rule-making power to the Supreme Court. Not to be confused with the exercise of legislative powers by Congress, Section 5(5), Art. VIII of the Constitution grants the Supreme Court the power to promulgate rules concerning (1) the protection and enforcement of constitutional rights (2) pleading (3) practice (4) admission to the practice of law (5) the integrated bar (6) procedure in all courts, and legal assistance to the under-privileged.Jurisdiction of the Supreme CourtJurisdiction refers to the authority and extent by which courts decide cases. Sec. 5, Art. VIII of the Constitution enumerates two kinds of jurisdiction of the Supreme Court, namely: original and appellate. Original jurisdiction refers to the power of the Supreme Court to hear and decide cases brought directly to it, while appellate to cases which have already been decided by lower courts.Under Section 5, the Supreme Court shall have original jurisdiction over "cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, andhabeas corpus." The same section enumerates the following as falling within the appellate jurisdiction of the Supreme Court:

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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.Section 5 also provides that Congress may not reduce or deprive the foregoing jurisdiction of the Supreme Court as a guarantee to its independence.Auxiliary Administrative PowersAside from its judicial functions, the Supreme Court exercises administrative supervision over all lower courts established by law, as well as judges thereof, including the power to discipline them. It also has the power to appoint employees of the judiciary.

he COMELEC is the principal government agency tasked by the Constitution to enforce and administer all laws and regulations concerning the conduct of regular and special elections. It is a body that is designed to be constitutionally independent from the executive, legislative and judicial branches of government to ensure the conduct of free, fair and honest elections. As an added measure, the constitution also grants fiscal autonomy to enable the COMELEC to operate effectively, efficiently and free from political interference. The constitution mandates that "funds certified by the Commission as necessary to defray the expenses for holding regular and special elections, plebiscites, initiatives, referenda, and recalls, will be provided in the regular or special appropriations and, once approved, will be released automatically upon certification by the Chairman of the Commission."

Judicial, Regulatory and Administrative FunctionsIn addition to its primary task of election administration, the COMELEC also performs judicial, regulatory and administrative functions. Its judicial mandate consists of taking exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction. Exception issues involving the right to vote, it has regulatory and administrative authority to decide on all questions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters.

Recommendatory PowersThe Commission has the power to propose to Congress measures to minimize election spending, including limitation of places where propaganda materials will be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidacies. Likewise, it can recommend to the President the removal of any officer or employee it has deputized, or the imposition of any other disciplinary action, for violation or disregard of, or disobedience to, its directive, order, or decision. On its own, or upon verified complaint, the COMELEC can file petitions in court for inclusion or exclusion of voters and investigate/prosecute cases of violations of election laws, including acts or omissions constituting election frauds, offenses, and malpractices.

MembershipThe COMELEC consists of one Chairman and 6 commissioners, all of whom have a 7-year term without reappointment. In all matters pertaining to election administration and policymaking, the

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commissioners act as a collegial body. In election cases and pre-proclamation controversies, however, the Commission sits in two divisions initially, but decides en banc on motion to reconsider a division decision.

Offices and DepartmentsAssisting the Chairman in managing the day-to-day affairs and operations of the COMELEC is the Executive Director. As the highest-ranking career official, he implements the policies and decisions of the Commission, takes charge of the administrative affairs and serves as the communication and operational link between the staff and Commissioners. He is assisted by a Deputy Executive Director for Administration (DEDA) and a Deputy Executive Director for Operations (DEDO).