FORMS OF GOVERNMENTComparing Governments…

PHILIPPINE GOVERNMENT

• 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.

Philippine Government

“The Philippines is a democratic and republican State. Sovereignty resides in the people and all government

authority emanates from them.”(Article II, Section 2)

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.

QUALIFICATIONS1. Natural born

Filipino2. A registered 3. Must be able to

read and write4. 40 years of age at

the day of the election

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

POWERS OF THE PRESIDENT1. 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. 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.

3. Power over Aliens– The President of the Philippines has the power over non-

Filipinos in the Philippines

4. Powers of Eminent Domain, Escheat, Land Reservation and Recovery of Ill-gotten Wealth

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.

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.

LINE OF SUCCESSION

• President

• Vice President

• Senate President

House Speaker

CABINET SECRETARIESA. Functions of a Cabinet Secretary• Cabinet 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.

B. Appointment of Cabinet Secretaries• According 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.

CABINET SECRETARIES

TERM LIMITS/TENURE OF OFFICE

Position Term of office Maximum Term Maximum No. of Years

President 6 years 1 6Vice president 6 years 2` 12

Senator 6 years 2 12Congress 3 years 3 9Governor 3 years 3 9

Vice Governor 3 years 3 9

Board Member 3 years 3 9

Mayor 3 years 3 9Vice Mayor 3 years 3 9Councilor 3 years 3 9

Barangay Chairman 3 years 3 9

Councilman 3 years 3 9

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 PHILIPPINE LEGISLATIVE BRANCH• The power to make laws and

to alter or amend them.• It is vested in the Congress of

the Philippines is composed of the Senate, or the Upper House, and the House of the Representatives, or the lower house.

SCOPE OF LEGISLATIVE POWER1. Main Function: To legislate2. Other functions:

a. General – power to enact laws intended as rules of conduct to govern the relations among individuals or between individuals and the state.

b. Special Powers – choose who shall become the President in case 2 or more candidates have an equal number of votes. Conform certain appointments from the president.

c. Implied Powers – the powers essential or necessary to the effective exercise of the powers expressly granted.

d. Inherent Powers – powers which are possessed and can be exercised by every government because they exist as an attribute of sovereignty.

ADVANTAGES OF BICAMERALISM

1. There is a body who can check the parochial tendencies of district representatives.

2. There is a more careful study of legislation

3. It makes the legislation less susceptible or to control by the executive

4. It provides training ground for national leaders.

COMPOSITION, QUALIFICATION & TERM OF

OFFICECongress Composition Qualification Term of office Max Term

Senate 24

1. Natural-born citizens of the Philippines2. At least 35 years old on the day of the

election3. Must be able to read and write4. Registered voter5. Resident of the Philippines for a period of

not less than 2 years immediately preceding the day of the election

6 years 2 terms

House 250

1. Natural-born citizen2. At least 25 years old on the day of the

election3. Must be able to read and write4. Except for party-list representatives, a

registered voter in the district in which he shall be elected

5. Resident thereof for a period of not less than 1 year immediately preceding the day of the election

3 years 3 terms

• P240,000/year for Senate President and Speaker of the house

• P204,000/year for members of the lower house

SALARY OF THE MEMBERS OF CONGRESS

PARLIAMENTARY IMMUNITY

• The representative’s right not to be questioned nor be held liable to any one for any speech or debate in Congress or in any Committee of Congress or in any other place.

• The immunity gives the members a freedom from any civil, criminal or administrative liability arising from what he says while discharging his duties in Congress or its committee.

HOW A BILL BECOMES A LAW?

• The President may approve the bill by signing it.

• The President may veto the bill totally and return it with his objections to the House where it originated.

• The President may not act on the bill. If the president does not act on the bill within 30 days from its receipt, the same shall be considered as approved.

Judicial power rests with the Supreme Court and the lower courts, as

established by law (Art. VIII, sec. 1 of the 1987 Constitution).

CONCEPT OF JUDICIAL POWER

• The authority to interpret the law.• The adjudicatory power or duty of 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 or power to hear and decide a case and execute decision thereof on the part of any branch or instrumentality of government.

CLASSIFICATIONS OF COURTS

1.Constitutional courts – the Supreme Court is a constitutional court in the sense of being a creation of the constitution.

2.Statutory Courts – all other courts, including Sandigan-Bayan, they are creation of Law. They are referred to lower courts in the Constitution.

Lower Courts

Regular Courts

Special Courts

Quasi-Judicial Courts

KINDS OF LOWER COURTS1. Regular Courts• The Court of

Appeals• Regional Trial

court• Metropolitan Trial

court• Municipal Trial

Court• Municipal Circuit

trial court

KINDS OF LOWER COURTS2.Special

Courts• The Court of

Tax Appeals• The

Sandiganbayan

• Shari’a District courts and Shari’a Circuit Courts

3. Quasi-judicial agencies – administrative bodies under the executive branch performing quasi-judicial functions.

• National Labor Relation Commission

• Securities and Exchange Commission

• Employees Compensation Commission

• Insurance Commission, etc.

IMPORTANCE OF THE JUDICIARY

• Confidence in the certain and even administration of justice• Preservation of the

government• Respect for Law and order

COMPOSITION OF THE SUPREME COURT

• The Constitution provides that membership in the Supreme Court shall consists of 15 members including the Chief Justice.

• If ever there is vacancy, it shall be filled within 90 days from the occurrence of the said vacancy.

QUALIFICATIONS/TENURE OF THE MEMBERS OF THE SUPREME COURT

Judiciary Composition Qualification Term of office

Max Term

Supreme Court

Justices15

1. Natural-born citizen2. At least 40 years old3. Has been engaged

for at least 15 years or more as a judge of lower courts or engaged in the practice of law in the Philippines.

flexible70

years old

MAXIMUM RENDITION OF DECISIONS OF COURTS

• Lower Courts – three months• Court of appeals – 12 months• Supreme court – 24 months

MONARCHYA look into U.K’s Government System

WHAT IS MONARCHY?• A monarchy is a form of government where

there is an absolute ruler, usually a king or queen, and where the people have little to no say

• The head of state is typically the descendant of a specific noble family that earned the allegiance of other noble families and established a dynasty.

• The reputation and acknowledgement sometimes comes from one aristocrat that has gained allegiance through warfare or marriage and will remain in power until death or abdication.

TYPES OF MONARCHYABSOLUTE MONARCHY

This type of monarchy is really rare because there is little to no people representation. People do not like this because the monarch's (king, queen, emperor, etc.) power is unchecked, leaving them to make any decisions that they want.

LIMITED/CONSTITUTIONAL MONARCHY

form of democratic government in which a nonpolitical monarch acts as head of state within the boundaries of a constitution, whether written or unwritten.

United Kingdom Government System

'Dieu et Mon Droit‘(The God and My Right)

Scotland

Northern Ireland

England

Wales

UNITED KINGDOM GOVERNMENT SYSTEM

• The United Kingdom is a parliamentary democracy: government is voted into power by the people, to act in the interests of the people. Every adult has the right to vote - known as 'universal suffrage'.

• Alongside this system, the UK is also a constitutional monarchy. This is a situation where there is an established monarch (currently Queen Elizabeth II), who remains politically impartial and with limited powers.

PARLIAMENT VS. GOVERNMENT • Parliament is the highest legislative authority in the

UK. It has responsibility for checking the work of government and examining, debating and approving new laws. It is also known as the Legislature.

• Parliament is separate from government. Made up of the House of Commons and the House of Lords, its role is to:– look at what the government is doing– debate issues and pass new laws– set taxes

• There are 650 elected MPs in the House of Commons• The government runs the country. It has

responsibility for developing and implementing policy and for drafting laws. It is also known as the Executive.

FORMATION OF GOVERNMENT• The political party that

wins the most seats in a general election forms the new government, led by their party leader - who becomes Prime Minister. The Prime Minister appoints ministers, including the Cabinet, who often work in a government department, and run and develop public services and policies.

The British Executive

THE PRIME MINISTER The Prime Minister is

head of the UK government. He is ultimately responsible for all policy and decisions. He:

a. oversees the operation of the Civil Service and government agencies

b. appoints members of the government

c. is the principal government figure in the House of Commons

THE DEPUTY PRIME MINISTER

The Deputy Prime Minister, Nick Clegg MP, is the deputy head of government. He is the leader of the Liberal Democrats and was appointed Deputy Prime Minister when the coalition government was formed following the 2010 general election.

THE CABINET• The Cabinet is made

up of the senior members of government. Every Tuesday during Parliament, members of the Cabinet (Secretaries of State from all departments and some other ministers) meet to discuss what are the most important issues for the government.

Ministers• Ministers are

chosen by the Prime Minister from the members of the House of Commons and House of Lords. They are responsible for the actions, successes and failures of their departments.

Draft legislation• White papers outline

proposals for new laws. Green papers ask for public comments before the white paper is published.

• Bills are proposals for new laws or changes to existing ones. Once agreed by Parliament, they have to be approved by The Queen before becoming law.

Acts of Parliament

• These are bills which have been approved by the Commons, the Lords, and The Queen. The relevant government department is responsible for putting the act into practice.

The British Legislature

Laws go through several stages before they are passed by Parliament. The

House of Commons and the House of Lords work together to make them.

COMPOSITION OF BRITISH LEGISLATUREHouse of Commons

House of Lords

THE HOUSE OF LORDS• The House of Lords is the second chamber of the

UK Parliament. It is independent from, and complements the work of, the elected House of Commons. The Lords shares the task of making and shaping laws and checking and challenging the work of the government.

• The House of Lords is made up of around 825 members from a variety of professions and walks of life

The Lords has three main roles:1. Making laws2. In-depth consideration of public policy3. Holding government to account.

HOUSE OF COMMONS

• The House of Commons is the publicly elected chamber of Parliament. Members of the Commons debate the big political issues of the day and proposals for new laws.

• The UK public elects 650 Members of Parliament (MPs) to represent their interests and concerns in the House of Commons. MPs consider and propose new laws, and can scrutinize government policies by asking ministers questions about current issues either in the Commons Chamber or in Committees.

FEDERAL SYSTEM OF GOVERNMENT

A look into U.S Government System

FEDERAL SYSTEM OF GOVERNMENT

• Federal system, power is shared between a central government and smaller government units.

• In the United States, for example, there is a federal, or central, government for the entire country. In addition, each of the 50 states has its own government.

• In some matters, the state governments have final say. In other matters, the federal government rules. Each state, for example, sets its own speed limits. Only the federal government, however, can mint money or declare war.

The United States Government

“IN GOD WE TRUST”

HOW THE U.S. GOVERNMENT IS ORGANIZED

Executive Legislative

Judiciary

SEPARATION OF POWERS• The president can veto laws passed by

Congress.• Congress confirms or rejects the president's

appointments and can remove the president from office in exceptional circumstances.

• The justices of the Supreme Court, who can overturn unconstitutional laws, are appointed by the president and confirmed by the Senate.

• The U.S. federal government seeks to act in the best interests of its citizens through this system of checks and balances.

The American Executive

• The executive branch carries out and enforces laws. It includes the president, vice president, the Cabinet, executive departments, independent agencies, and other boards, commissions, and committees.

• American citizens have the right to vote for the president and vice president through free, confidential ballots.

KEY ROLES OF THE EXECUTIVE BRANCH INCLUDE:

Executive

Cabinet

President

Vice President

PRESIDENT• The president leads

the country. He/she is the head of state, leader of the federal government, and commander-in-chief of the United States Armed Forces. The president serves a four-year term and can be elected no more than two times.

VICE PRESIDENT• The vice president

supports the president. If the president is unable to serve, the vice president becomes president. He/she can serve an unlimited number of four-year terms.

CABINETS

• Cabinet members serve as advisors to the president. They include the vice president and the heads of executive departments. Cabinet members are nominated by the president and must be approved by the Senate (with at least 51 votes).

The American Legislature

THE LEGISLATIVE• The legislative branch enacts

legislation, confirms or rejects presidential appointments, and has the authority to declare war.

• This branch includes Congress (the Senate and House of Representatives) and several agencies that provide support services to Congress. American citizens have the right to vote for senators and representatives through free, confidential ballots.

SENATE • There are two

elected senators per state, totaling 100 senators. A senate term is six years and there's no limit to the number of terms an individual can serve.

HOUSE OF REPRESENTATIVE

• There are 435 elected representatives, which are divided among the 50 states in proportion to their total population. There are additional non-voting delegates who represent the District of Columbia and the territories. A representative serves a two-year term, and there's no limit to the number of terms an individual can serve.

Judicial Branch

Supreme Court

• The Supreme Court is the highest court in the United States. The justices of the Supreme Court are nominated by the president and must be approved by the Senate (with at least 51 votes). Congress decides the number of justices. Currently, there are nine. There is no fixed term for justices. They serve until their death, retirement, or removal in exceptional circumstances.

Other Federal Courts

• The Constitution grants Congress the authority to establish other federal courts.