OTHER POWERS OF THE PRESIDENT

As mandated by the Constitution, the President is vested with the following powers:

1. to call the Congress to special session
2. to approve or veto bills
3. to consent to the deputization of government personnel by the Commission on Elections
4. to discipline its deputies
5. to exercise emergency and tariff powers.

THE INFORMING POWER

The President shall address the Congres at the opening of its regular session. He may also appear before it at any other time.

THE BUDGETARY POWER

The budget is the schedule of expenditures and revenue measures. This budgetary power is entrusted to the President since he is in the best position to determine the needs of the government and propose the corresponding appropriations on the basis of existing or expected sources of revenue.

In the execution of budgetary power, the President shall submit to the Congress within thirty days from the opening of every regular session, as the basis of the general appropriations bill, a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures.

The appropriations recommended by the President for the operation of the government as specified in the budget may not be increased by the Congress.

THE DIPLOMATIC POWER

As head of State, 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 otherwise transact the business of foreign relations.

The power to conclude treaties is however subject to the concurrence of at least two-thirds of all the Members of the Senate and also of the Supreme Court which has also the power to delcare them unconstitutional.

THE BORROWING POWER

The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the prior concurrence of teh Monetary Board, and subject to such limitations as may be provided by law. The Monetary Board shall submit to Congress a report on loans within 30 days from the end of every quarter. (Suarez, 2005)

THE PARDONING POWER

The President with his pardoning power may grant reprieves, commutations, and pardons and remit fines and forfeitures, after conviction by final judgment. The President may also grant amnesty with the concurrence of a majority of all the Members of the Congress.

Definitions
A pardon is an act of grace which exempts the individual on whom it is bestowed from the punishment which the law inflicts for the crime he has committed.
A parole is when a prisoner is released from imprisonment but his liberty is not fully restored because the parolee is still considered in the custody of the law although he is not in confinement.
A commutation is a reduction or mitigation of the penalty, e.g., when the death sentence is reduced to life imprisonment.
A reprieve is merely a postponement of a sentence to a date certain, or a stay of execution. It may be ordered to enable the government to secure additional evidence to ascertain the guilt of the convict or, in the case of the execution of the death sentence upon a pregrant woman, to prevent the killing of her unborn child.
An amnesty is an act of grace given with the concurrence of Congress. It is usually extended to groups of persons who committed political offenses and it abolishes the offense itself.

Kinds of Pardon
Pardon may be classified into

1. absolute or conditional; and
2. plenary or partial.

An absolute pardon is one given without any conditions attached. Whereas, a conditional pardon is one under which the convict is required to comply with certain requirements. In conditional pardon, the offender has the right to reject the pardon if he feels that the conditions imposed are more onerous than the penalty sought to be remitted. On the other hand, in case of absolute pardon, it is complied even without the acceptance of the pardonee.

A plenary pardon extinguishes all the penalties imposed upon the offender, including accessory disabilities, whereas a partial pardon does not.

Limitations

1. It cannot be granted in cases of impeachment.
2. It cannot be granted in cases of violations of election laws without the favorable recommendation of the Commission on Elections.
3. It can be granted only after conviction of final judgment.
4. It cannot be granted in cases of legislative contempt or civil contempt.
5. It cannot absolve the convict of civil liability.
6. It cannot restore public offices forfeited.

THE MILITARY POWER

The military power enables the President to:

1. command all the armed forces of the Philippines;
2. suspend the privilege of the writ of habeas corpus; and
3. declare martial law.

Command of the Armed Forces
Based on the constitutional principle of the supremacy of the civilian authority over the military, the President is held as the Commander-in-Chief of all the armed forces. Whenever necessary, he may call out such armed forces to prevent or suppress violence, invasion or rebellion only.

Habeas Corpus
The writ of habeas corpus is a writ directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, with the day and cause of his caption and detention, to do, to submit to, and receive whatever the court or judge awarding the writ shall consider in his behalf. It is a high prerogative common law writ of ancient origin the great object of which is the liberation of those who may be in prison without sufficient cause. (Moran)

The President is entrusted the power to suspend the privilege of the writ of habeas corpus. Note that what is suspended is not the writ itself but only the privilege of it. This means that when the court receives an application for the writ, and it finds the petition in proper form, it will issue the writ as a matter of course, i.e., the court will issue an order commanding the production before the court of the person allegedly detained, at a time and place stated in the order, and requiring the true cause of his detention to be shown to the court. If the return to the writ shows that the person in custody was apprehended and detained in areas where the privilege of the writ has been suspended or for crimes mentioned in the executive proclamation, the court will suspend further proceedings in the action. (Cruz, 2002)

Martial Law
Martial law refers to that law which has application when the military arm does not supersede civilian authority but is called upon to aid it in the execution of its civil function.

During martial law, there is no new powers given to the executive, no extension of arbitrary authority is recognized, no civil rights are suspended. The relations between the state and its citizens is unchanged. The interference that may be caused to personal freedom or property rights must always be based on necessity.

Limitations of the Military Powers
The military powers of the President is not absolute. The following are the limitations on the military powers of the President:

1. He may call out the armed forces when it becomes necessary to prevent or suppress lawless violence, invasion or rebellion only.
2. The grounds for the suspension of the privilege of the writ of habeas corpus and the proclamation of martial law are now limited only to invasion or rebellion, when the public safely requires it.
3. The duration of such suspension or proclamation shall not exceed sixty days, following which it shall be automatically lifted.
4. Within forty-eight hours after such suspension or proclamation, the President shall personally or in writing report his action to the Congress. If not in session, Congress must convene within 24 hours without need of a call.
5. The Congress may then, by a majority vote of all its members voting jointly, revoke his action.
6. The revocation may not be set aside by the President.
7. By the same veto and in the same manner, the Congress may, upon initiative of the President, extend his suspension or proclamation for a period to be determined by the Congress if the invasion or rebellion shall continue and the public safety requires the extension.
8. The action of the President and the Congress shall be subject to review by the Supreme Court which shall have the authority to determine the sufficiency of the factual basis of such action. This matter is no longer considered a political question and may be raised in an appropriate proceeding by any citizen. Moreover, the Supreme Court must decide the challenge within thirty days from the time it is filed.
9. Martial law does not automatically suspend the privilege of the writ of habeas corpus or the operation of the Constitution. The civil courts and the legislative bodies shall remain open. Military courts and agencies are not conferred jurisdiction over civilians where the civil courts are functioning.
10. The suspension of the privilege of the writ of habeas corpus shall apply only to persons facing charges of rebellion or offenses inherent in or directly connected with invasion.
11. Any person arrested for such offense must be judicially charged therewith within three days. Otherwise he shall be released.

THE CONTROL POWER

Section 17, Article VII of the Constitution mandates that the President shall have the control of all the executive departments, bureaus and offices. He shall ensure that the laws be faithfully executed.

Control is defined as the power of an officer to alter or modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former for that of the latter. It includes the authority to order the doing of an act by a subordinate or to undo such act or to assume a power directly vested in him by law. (Cruz, 2002).

The control power of the President is directly derived from the Constitution. Thus, any law that will limit the exercise of his control power is invalid. The members of the Cabinet as his alter ego are under the full control of the President. He may appoint them as he sees fit, shuffle them at pleasure, and replace them in his discretion without any legal inhibition whatsoever. (ibid).

Control vs. Supervision
Control is different from supervision. To supervise is to oversee that subordinate officers perform their duties. If the subordinates fail or neglect to fulfill them, then the officer may take such action or steps as prescribed by law to make them perform these duties.

The "take-care" clause
The President is considered as the Law Enforcer. He is to enforce the Constitution, statutes, judicial decisions, administrative rules and regulations and municipal ordinances, as well as treaties entered into by the government.  The President cannot choose what he just would like to enforce or what he deemed lawful. He is to execute and implement all laws unless it is declared unconstitutional by the judiciary.

THE APPOINTING POWER

Appointment may be defined as the selection, by the authority vested with the power, of an individual who is to exercise the functions of a given office. (Cruz, 2002).

Under the Constitution, the President is authorized to appoint, with the consent of the Commission on Appointment, the following:

1. heads of the executive departments;
2. ambassadors, other public ministers and consuls;
3. officers of the armed forces from the rank of the colonel or naval captain;
4. other officers whose appointments are vested in him by the Constitution;
5. all other officers of the Government whose appointments are not otherwise provided by law; and
6. those whom he may be authorized by law to appoint.

Permanent or Temporary.
Appointment may be permanent or temporary. It is permanent when the person appointed possesses the required eligibility of the post and is thus protected by the constitutional provision on security of tenure. Temporary appointment, on the other hand, is given to a person without the required eligibility, and thus can be removed from the office without the necessity of just cause or a valid investigation. Temporary appointments rest on the understanding that the person will be replaced at any time a final choice shall have been made by the President of who shall occupy the post.

Appointment vs. Designation
Designation is different from appointment. Although designation may be loosely defined as an appointment because it also involves the naming of a particular person to a specified public office, the latter simply means the imposition of additional duties, usually by law, on a person already in the public service. For example, the chairman of the Board of Investments is, by designation, a member of the National Economic Development Council. (ibid).

Regular or Ad Interim
A regular appoinment is made during the legislative session. It is made only after the nomination is confirmed by the Commission on Appointment (CA) and once confirmed by the CA, continues until the end of the term of the appointee.
An ad interim appointment is made when the Congress is in recess. It does not wait for the confirmation of the Commission on Appointment but such appointment ceases to be valid if disapproved by the CA or upon the next adjournment of the Congress. This kind of appointment is intended to prevent a hiatus in the discharge of official duties.

Limitations

1. Congress may prescribe qualifications for public office.
2. Certain appointments are subject to approval of the Commission on Appointments.
3. The Judiciary may annul appointments made by the President if the appointee has not been validly confirmed or does not possess the required qualifications.
4. Appointments to public office cannot be forced upon any citizen except for purposes of the defense of the State.
5. Appointments extended by an acting President shall remain effective unless revoked by the elected President within ninety days from his assumption of office.
6. Appointment is prohibited two months before the next presidential elections and up to the end of the president or acting president except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety. (midnight appointment)

The Removal Power
From having the power of appointment, comes the removal power. The President may remove his appointtees, especially the members of the Cabinet or other executive officials whose term of office is determined at his pleasure.

Not all appointees however can be removed by the President since the Constitution prescribes certain methods for the separation from the public service. For example, the justices of the Supreme Court, members of the Constitutional Commissions, the Ombudsman, although appointed by the President may only be removed thru impeachment. Judges of the Supreme Court are not within the ambit of the removal power of the President, but rather of the disciplinary authority of the Supreme Court.

POWERS OF THE PRESIDENT

Clear is the profound influence of the President as he is the most powerful person of the State. As head of state and chief executive, he is conferred with vast powers to enable him to lead the State.

The following are the list of the specific powers granted to the President by the Constitution:

1. Appointing power
2. Control power
3. Military power
4. Pardoning power
5. Borrowing power
6. Diplomatic power
7. Informing power
8. Other powers

2010 SONA

President Noynoy Aquino's 2010 State of the Nation Address

THE FILIPINO PRESIDENT

The President of the Philippines is undeniably the most powerful and most influential person in the Philippines. In him vests a plenitude of authority but awesome responsibilities.

Qualifications.

As prescribed in the Constitution, the following are the qualifications of a President:

1. natural-born Filipino citizen;
2. registered voter;
3. able to read and write;
4. at least 40 years old on the day of the election; and
5. 10-year residency in the Philippines. 

The Vice-President has the same qualifications of a President.

Election and Proclamation

1. All the election returns, duly certified by the board of canvassers of each province or city, are to be transmitted to the Congress, directed to the Senate President.
2. The Senate President shall not later than 30 days upon receipt, open all certificates in the presence of the Congress in joint public session.
3. The Congress determines the authenticity of the certificates and canvass the votes.
4. The person having the highest number of votes shall be proclaimed elected.
5. In case of tie, the Congress voting separately shall choose who shall be elected. 

Term.

The term of the President (and the Vice-President) is under Sec 4, Article VII, 1987 Constitution. It states that the President serves a term of six (6) years only and is not eligible to run for re-election. It starts at the 12th noon of June following the day of the election and ends at noon of the same date six years thereafter. Any person who has succeeded as President and has served for more than four years is also barred for re-election. In the same manner that former President Gloria Arroyo became eligible to run in the highest post of the land because she did not serve therein for more than four years.

THE EXECUTIVE BRANCH

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The executive department is more likely to be known as the branch that holds the power of the sword. This branch is concerned in the execution of governmental policies as it possesses the power to enforce and administer the laws.

The head of the executive department is often times referred as the Chief Executive. There are three types of chief executive, to wit:

1. Authoritarian executive,
2. Presidential executive, and
3. Parliamentary executive.

An authoritarian executive has no power limits. He can do whatever he wants. A parliamentary head, who's also the Cabinet head is directly accountable to the legislature and whose term is under the control of the Parliament. A presidential executive holds the final authority but his power is constrained by Congress and Judiciary under the principle of checks and balance.  The President of the Philippines is an example of a presidential executive.

POWER OF EXPROPRIATION

To expropriate is to take away the property of another and transfer it to one's self. In the same manner that the government may take away one's private property to be used for public use upon payment of just compensation.

This power to expropriate is lodged primarily in the national legislature, although its exercise may also be delegated to other governmental agencies including quasi-public corporations serving essential public needs or utilities.

To consider the power of expropriation as valid, the following conditions must be met:

• the property subject for expropriation must be a private property
• the property subject for expropriation must be used for public purpose
• the owner of the property subject for expropriation must be paid just compensation

photo source: http://www.cartoonstock.com/newscartoons/cartoonists/rma/lowres/rman10042l.jpg

POWER OF TAXATION

Taxes are the proportionate contribution from persons and property, imposed by the State by virtue of its sovereignty, for the support of government and for all public needs.

Taxes are the lifeblood of the government. Without which, no government can function. The power to tax is so important that the people must share in the expenses to be incurred by the government in protecting them and extending them benefits in the form of public projects and services.

The power of taxation is inherently vested in the national legislature although the local legislative bodies can already exercise said power. Example of this is the levying of loca tax in cinemas.

photo source: http://www.threshold.ie/imageupload/tax-image.jpg

POWER OF APPROPRIATION

With the Constitutional provision that no money shall be paid out of the pocket of the State except in pursuance of an appropriation made by law, comes the appropriation power of the legislative body. This appropriations power likewise gives the legislative body the title that it holds the power of the purse.

Definition.
An appropriation law is a statute in which the specific and primary function is to authorize the release of public funds from the treasury. A public works act and the yearly general appropriations act are examples of appropriation measures.

Classification.
Appropriation measures are classified into two: general and specific. A general appropriations law is passed annually to provide for the financial operations of the whole government during one fiscal period. On the other hand, a special appropriation law is only for a specific purpose, such as construction of a national highway.

Implied Limitations.
An appropriation law in order to be valid must be devoted for public purpose. No public money shall be spent for private gains only. For example, an appropriation for the construction of roads inside a private subdivision is not allowed. (Pascual vs. Secretary of Public Works and Communications).

Another requirement of a valid appropriation is that the sum authorized to be released must be determinate or at least determinable. Otherwise, the national treasurer will have no guide or worse, will have unlimited discretion in the release of public funds. Ideally, the law must appropriate a fixed amount, but it is sufficient if only the maximum is indicated. But where the minimum rather than the maximum is specified, as where there is an appropriation of "not less than one million pesos", the measure is invalid for lack of certainty. Here the national treasurer is in effect authorized to release from the treasury any amount in excess of one million pesos. (Cruz, 2002).

Constitutional Limitations.
The following are limitations set forth in the Constitution:

1. All appropriations bill shall originate from the House of Representatives.
2. Discretionary funds appropriated for particular officials shall be disbursed only for public purpose to be supported by appropriate vouchers and subject to guidelines as may be prescribed by law.
3. Special appropriations bill shall specify the purpose for which it is intended and shall be supported by funds actually available as certified by the National Treasurer, or to be raised by a corresponding revenue proposal included therein.
4. The Congress shall not increase the general appropriations recommended by the President. Form, content and manner of preparation of the budget shall be prescribed by law. 
5. No "riders" or irrelevant provisions shall be included in the general appropriations bill. 
6. The procedure in approving the appropriations for the Congress shall strictly follow the same procedure for approving appropriations for other departments and agencies. 
7. Transfer of appropriations shall not be allowed but the President, Senate President, Speaker of the House of Representatives, Chief Justice and heads of Constitutional Commissions may be authorized to augment any item in the general appropriations law for their respective agencies from savings in other items of their respective appropriations.
8. Prohibition against the use of public funds or property for sectarian purposes.
9. Old general appropriations act is deemed re-enacted if the Congress fails to pass a new general appropriations bill.
10. All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only.

photo source: http://cdn3.wn.com/o25/ar/i/09/bcd72164d6bbfa.jpg

HOW A BILL BECOMES A LAW

How A Bill Becomes A Law

 

photo source: http://baklaako.com/wp-content/uploads/2008/03/legislative-process-how-a-bill-becomes-a-law.gif

LEGISLATIVE POWER

Legislative power is the lawmaking power, the framing and enactment of laws. This starts from the time the law is introduced by a lawmaker and effected through the adoption of a bill which once approved becomes a statute or a law. A statute is the written will of the legislature, solemnly expressed according to the forms necessary to constitute it the law of the state. (Black, 1951).

The power to make laws includes the power to alter and repeal them. Thus, only the Congress can alter and repeal laws and not in anyway the other branches of government as enunciated in the case of Gonzales vs. Hechanova (9 SCRA 230).

POWERS OF THE CONGRESS

The powers of Congress are classified as follows:

1. Legislative power in general
2. Specific legislative powers
3. Non-legislative powers
4. Implied powers
5. Inherent powers.

Legislative power in general.
Legislative power in general refers to the power to enact laws, which includes the power to alter or repeal them. Said power starts formally from the time a bill or a proposed law is introduced by a member of the House of Representatives or a Senator. Once approved  by Congress, and the President, the said bill becomes a law.

Specific legislative powers.
These are the powers expressly conferred by the Constitution. They are: power of appropriation, power taxation and power of expropriation.

Non-legislative powers.
These are the powers which are not basically legislative in nature but which are performed by Congress. Examples are power to propose amendments to the Constitution, power to impeach, power to canvass presidential elections and power to declare the existence of a state of war.

Implied powers.
These are the powers which are not expressly conferred by the Constitution but which are implied from those expressly granted. Examples are: power to punish a person in contempt during or in the course of legislative investigation and power to issue summons and notices in connection with matters subject of its investigation or inquiry.

Inherent powers
These are the powers which are inherent to the exercise of legislative powers like the power to determine the rules of its proceedings.

INCOMPATIBLE AND FORBIDDEN OFFICES

Incompatible office.
No legislator is allowed to hold office or positions in any government agency including government-owned or controlled corporations without forfeiting his seat in the Congress. Meaning, a member of the Congress is not prevented from accepting other government posts as long as he forfeits his seat as a legislator. What is not allowed is the simultaneous holding of a government office and the seat in the Congress. The purpose is to prevent owing loyalty to another branch of the government, to the detriment of the independence of the legislature and the doctrine of the separation of powers. Forfeiture of the seat is automatic. Thus for example, a congressman who was appointed as secretary of the Department of Budget and Management is deemed to have automatically forfeited his seat in the House of Representatives when he took his oath as secretary for DBM. No resolution is necessary to declare his legislative post as vacant.

Not every other office or employment is to be regarded as incompatible office. There are seats where it is permitted by the Constitution itself, eg. membership in the Electoral Tribunal and in the Judicial and Bar Council. Moreover, if it can be shown that the second office is actually an extension of the legislative position or is in aid of legislative duties, the holding thereof will not result in the loss of the legislator's seat in the Congress. Legislators who serve as treaty negotiators under the President..

Forbidden office.
No members of the Congress shall be appointed to any office in the government that has been crated or the emoluments thereof have been increased during his term. The purpose is to prevent public trafficking in public office. Some legislators who do not opt to run again in the public office might create or improve lucrative government positions and in combination with the President, arrange that they be appointed in those positions, all at the expense of public good.

The appointment however to the forbidden office is not allowed only during the term for which a certain legislator was elected, when such office was created or its emolument thereof. After such term, and even if the legislator is re-elected, the disqualification no longer applies and he may therefore be appointed to the office.

CONFLICT OF INTEREST

Upon assumption, all legislators are required to fully disclose thier financial and business interests. They are also to inform their House of any potential conflict that may arise from the filing of a proposed legislation of which they are the authors.

This provision is intended to ensure the probity and objectivity of our legislators. There are some instances when some are tempted to be in the Congress not because of their desire to serve the people but rather to protect their own interests. By requiring them to make known their financial and business interests and investments, it is hoped that self-aggrandizement will be reduced and they will be prevented from using their official positions for ulterior purposes.

PARLIAMENTARY IMMUNITIES

There are two kinds of privileges that every member of the Congress enjoys, to wit: immunity from arrest and privilege of speech and debate.

Immunity from arrest.
Intended to ensure representation of the constituents of the members of the Congress by preventing attempts to keep him from attending its sessions, they shall not be arrested, while the Congress is in session, for offenses that are punishable by not more than six years. Session herein refers to the entire period from its initial convening until its final adjournment, eg. July 27 to October 16. Thus, freedom from arrest can be enjoyed even though the member is not attending the day-to-day meetings. However, this privilege cannot be used for offenses (civil or criminal) that are punishable by more than six months, eg. rape, murder. In People vs. Jalosjos, the respondent who was found guilty of rape and in detention was not freed on his claim of popular sovereignty and the need of his constituents to be represented. Rather, it was ruled that for crimes punishable by a penalty of more than six years, the members of the Congress are not exempted from detention.

Privilege of Speech and Debate
This privilege enables the legislator to express views in the interest of the public without fear of accountability to support his statements with the usual evidence required in the court of justice. There are however two requirements in order that this privilege be availed. First, the remarks must be made while the legislature is in session; and second, they must be made in connection with the discharge of official duties. The Supreme Court declared in Jimenez vs. Cabangbang, that the privilege cannot be invoked by a legislator who had allegedly maligned the plaintiff in an open letter to the President of the Philippines coursed through and published in the newspapers. The finding was that he had written the letter at a time when the Congress was in recess and in his private capacity only. (Cruz, 2002)

photo sources: xenophilius.wordpress.com and wikipedia.com

THE CONTINUITY OF THE LIFE OF THE SENATE

Although we have twenty-four (24) senators, only twelve (12) senators are being elected every national election. This is because the term of the twenty-four senators have been staggered in accordance with Section 2 of the Transitory Provisions which says:

"Of the senators elected in the election in 1992, the first twelve obtaining the highest number of votes shall serve for six years and the remaining twelve for three years."

Thus, the first twelve served the full term of six years until 1998, and the term of the last twelve senators ended in 1995. The twelve senators elected in 1995 served a full term of six years. Those elected in 1998 shall also serve the full term of six years as so too those elected in 2001, and so on. In other words, beginning 1995, twelve senators shall be elected every three years, to serve the full term of six years, so that unlike the House of Representatives, the Senate shall not at any time be completely dissolved. One-half of the membership is retained as the other half is replaced or reelected every three years. (Cruz, 2002)

The continuity of the life of the Senate is intended to encourage the maintenance of Senate policies as well as guarantee that there will be experienced members who can help and train newcomers in the discharge of their duties. (Cruz, 2002)

THE PHILIPPINE HOUSE OF REPRESENTATIVES

Composition

There are two kinds of members in the House of Representatives, to wit: the district representatives and the party-list representatives.

The district representatives are elected directly and personally, from the territorial unit they seek to represent. To date, there are 216 members in the House of Representatives who were elected directly and personally from the territorial unit they represent. These units or legislative districts were created in accordance with their respective population and on the basis of a uniform and progressive ratio. The Constitution provides that there shall be a reapportionment of legislative districts within three years following the return of every census. When making a reapportionment, the legislature shall see to it that each city with a population of at least two hundred fifty thousand, and every province shall have at least one representative.In reapportionment, the Charter prohibits gerrymandering - the arrangement of districts in such a way as to favor the election of preferred candidates through the inclusion therein only of those areas where they expect to win, regardless of the resultant shape of such districts. Arrangement must be compact, contiguous and adjacent.

The party-list representatives, on the other hand, are chosen indirectly, through the party they represent. The voters choose from the various parties listed in the Commission on Elections.  The number of candidates to be elected from each party shall depend on the percentage or proportion of votes obtained by the party in the election. To date, twenty percent or 54 of the total membership (270) of the House of Representatives is composed of party-list representatives.

Qualifications
Members of the House of Representatives have the same qualifications with the members of House of Senate except for age and residency qualifications.

The age qualification is lower (25 years old) as compared to the senators which is 35 years old. This might explain the relative impulsiveness of the House of Representatives.

Residence for the members of the House of Representatives must be in the district they represent and is only for one year immediately before the election. In the case of the Senate, residency is two years before the election. The purpose of the residence requirement is to ensure familiarity with the conditions and problems of the constituency sought to be represented and consequent efficiency and concern in the discharge of legislative duties on its behalf. (Cruz, 2005).

Term
The term of the members of the House of Representatives is fixed for three years which begins at noon of the thirtieth day of June next following their election. They shall serve of not more than three consecutive terms or a total of nine (9) years only. One purpose in reducing the term to three years is to synchronize with the senatorial, vice-presidential and presidential elections.

Voluntary renunciation of the office is not considered as an interruption in the continuity of a representative's service for the full term for which he was elected.

THE PHILIPPINE SENATE

Composition

The Senate is composed of twenty-four (24) senators who are elected at large by qualified Filipino voters.  When we say elected at large, we mean that the senators were voted upon by the entire national electorate. The Senate is considered as a training ground for national leaders and possibly a step forward to Presidency. It is perceived that having been elected by the national electorate, a senator will have a broader outlook of the problems of the country instead of being restricted by parochial viewpoints and narrow interests.

Qualifications

The following are the qualifications for membership in the Senate as laid down in Section 3, Article VI of the 1987 Philippine Constitution:

1. Natural-born citizen
2. At least 35 years old on the day of the election
3. Able to read and write
4. A registered voter
5. A resident of the Philippines for not less than 2 years immediately preceding the day of the election

Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority are deemed natural-born citizens.

The age qualification is very clear. A candidate must be 35 years old on the very day of the elections, that is, when the polls are opened and the votes are cast, and not on the day of the proclamations of the winners by the board of canvassers. This nullifies the ruling in Espinosa vs. Aquino (Electoral Case No. 9, SET).

Residence is defined as the place where one habitually resides and to which, when he is absent, he has the intention of returning. (Lim vs. Pelaez, Electoral Case No. 35, HET). For those running in the Senate, the residence to them is in any part of the Philippines.

All of the qualifications set in Section 3, Article VI of the 1987 Constitution are continuing requirements. They must be possessed for the entire duration of the member's incumbency. Thus, if one was naturalized in a foreign country during his term, he shall cease to be entitled to his seat.

Moreover, the Congress cannot change the qualifications set forth by just passing an ordinary statute, no matter how relevant they may be. It requires a call for an amendment of the Constitution for any change that would be effected in the qualifications.

Term
The term of the senators is governed by the following provisions in Articles VI and XVII (1987 Philippine Constitution) respectively:

 "Sec. 4. The term of office of the Senators shall be six years and shall commence, unless otherwise provided by law, at noon on the thirtieth day of June next following their election."

"Sec. 2. The Senators, Members of the House of Representatives, and the local officials first elected under this Constitution shall serve until noon of June 30, 1992.
"Of the senators elected in the election in 1992, the first twelve obtaining the highest number of votes shall serve for six years and the remaining twelve for three years."

The last provision is for the continuity of the life of the Senate wherein twelve senators shall be elected every three years to serve the full term of six years. This makes the House of Senate not at any time completely dissolved. This scheme is intended to encourage the maintenance of Senate policies as well as guarantee that there will be experienced members who can help and train newcomers in the discharge of their duties.

Following the said provision, those senators who were first elected on May 1987 served a term of only five (5) years only ending on June 30, 1992. Of the twenty-four (24) senators elected in 1992, the first twelve obtaining the highest number of votes served the full term of six years (1992-1998). The last twelve senators served a term of three years (1992-1995). Now, the twelve senators who were elected in that same year (1995), they served the full term of six years. Those who were also elected in 1998 served the full term of six years and so on.

One thing though that the Constitution specifically provides is no senator is to serve for more than two consecutive terms. The senator therefore can serve no more than twelve (12) years in the Senate. This constitutional prohibition is intended to encourage other political aspirants and discourage the creation and maintenance of political dynasties.

The term of all the members of the Congress starts at twelve noon of June 30 next following their election in May.

THE PHILIPPINE LEGISLATIVE BRANCH

The Philippine Legislative branch, otherwise known as the Congress of the Philippines, is composed of two houses: the House of Senate and the House of Representatives. The first house is considered as the upper house and the latter is the lower house. Lodged in these two houses is the legislative power or the power to make, alter or repeal laws. However, one of the modifications of the 1987 Philippine Constitution is that the legislative power is now not exclusively vested in the Congress. It provides:

"The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum."

This makes the power of initiative and referendum directly in the hands of the people. The people therefore has the direct power to "propose and enact laws or approve or reject any act or law on part thereof passed by the Congress or local legislative body."  This power can be used by the people should the legislature show itselt indifferent to the needs of the people. (Bernas, 2007) Of course, the scope of this legislative power which the people may exercise through initiative and referendum is subject to the exceptions which Congress may impose. (Sec 32, Art VI, 1987 Phil Const)

THE LEGISLATURE

Legislature is a body of persons, usually elective, empowered to make, change, or repeal all laws of a country or state. (Zulueta, 1999.) The legislature determines and prescribes the general rules that govern the relations of the people among themselves or between them and the government and its agencies. Moreover, this body also defines the rights and duties of citizens, imposes taxes, appropriates funds, defines crimes and prescribes their punishment, creates and abolishes government offices and determines their jurisdiction and function through their written enactments called laws.

Types of Legislature
There are several types of legislative bodies established by different countries:

• unicameral
• bicameral
• multi-cameral.

Unicameral is the practice where there is only one legislative chamber. Because there is only one legislative chamber, proponents of this system believe that this system offers simple and fast action in deliberating legislative measures. This is also more economical to maintain as there are fewer institutions to support and maintain. The most populous (China) and the least populous (Vatican City) states in the world practice the unicameral system of government.

Bicameralism is the practice where there are two legislative bodies.  Advocates of the bicameralism claim that this system is less susceptible to bribery and control of big interests because the members of another chamber can check the other chamber. Hasty and ill-considered legislation past by the first chamber can be therefore be checked, modified or rejected by the other chamber. The United States and the Philippines operate under this system.

Multicameralism is the practice where there are more than two chambers. In 1983, the apartheid government of South Africa provided for a tricameral legislature perceived to be race-based. They were the House of Assembly - reserved for the whites; the House of Representatives - reserved for the colored or mixed race; and the House of Delegates - reserved for the Asians. That tricameral legislature was controversial and was not particularly strong.


photos sources: http://etc.usf.edu/clipart/6000/6027/legislature_1_lg.gif

CHECKS AND BALANCES

The ends of government are better achieved if the system of checks and balances will be observed.

Under the system of checks and balances, one department is given certain powers by which it may definitely restrain the others from exceeding constitutional authority. It may object or resist any encroachment upon its authority, or it may question, if necessary any act or acts which unlawfully interferes with its sphere of jurisdiction and authority. (Suarez, 2005).

The following are illustrations where there are checks and balances:

1. the lawmaking power of the Congress is checked by the President through its veto power, which in turn maybe overturn by the legislature
2. the Congress may refuse to give its concurrence to an amnesty proclaimed by the President and the Senate to a treaty he has concluded
3. the President may nullify a conviction in a criminal case by pardoning the offender
4. the Congress may limit the jurisdiction of the Supreme Court and that of inferior courts and even abolish the latter tribunals
5. the Judiciary in general has the power to declare invalid an act done by the Congress, the President and his subordinates, or the Constitutional Commissions.

BLENDING OF POWERS

With the intricateness of the operations of government, it is unwise and impracticable to effect a strict and complete separation of powers. There are instances when certain powers are to be reposed in more than one department so they may better collaborate with, and in the process check each other for the sake of a good and efficient government. Thus, the necessity of blending of powers.

Blending of powers is actually sharing of powers of the different departments of government whereby one department helps and coordinates with the other in the exercise of a particular power, function or responsibility.

The following are examples under the 1987 Philippine Constitution where powers are not confined exclusively within one department but are in fact shared:

1. The President and Congress help one another in the making of laws. Congres enacts the bill and the President approves it.
2. The President prepares a budget and Congress enacts an appropriation bill pursuant to that budget.
3. The President enters into a treaty with foreign countries and the Senate ratifies the same.
4. The Supreme Court may declare a treaty, international or executive agreement, or law, as unconstitutional, and it has also the power to declare invalid any act done by the othe departments of government.
5. The grant of amnesty by the President is subject to the concurrence of a majority of all the members of the Congress.

photo source: http://www.teachersdomain.org/

DOCTRINE OF SEPARATION OF POWERS

Originally suggested by Aristotle in his treatise on Politics, and later on recognized by Marsiglio of Padua, Cromwell, Locke and Montesquieu, the doctrine of separation enunciates the idea of grouping the powers of government into three classes and of their apportionment among three coordinate departments, separate from and independent of each other.

This doctrine is being carried out until this modern day that it is now incorporated in the constitutions of many states. Among which is the United States of America. Kilbourne vs. Thompson, 103 US 168, 190, 25L.ed. 377, ruled:

It operates to maintain the legislative powers to the legislative department, executive powers to the executive department, and those which are judicial in character to the judiciary. Through this allocation of powers, the person entrusted shall not be permitted to encroach upon the power confided to the others, but that each shall, by the law of its creation, be limited to the exercise of the powers appropriate to its own department and no other. There must be independence and equity of the several departments.

photo source: http://w4.nkcsd.k12.mo.us/~kcofer/k2_branches.jpg

In essence, the separation of powers means that the making of the laws belongs to Congress, the execution of the laws is to the executive and the settlement of controversies rests in the Judiciary. Each is prevented from invading the domain of the others. The purpose of the separation of powers is to prevent concentration of authority in one department and thereby avoid tyranny.

The separation of powers however should not be interpreted as complete separation and absolute exclusion. The doctrine carries that although the three branches are not subject to the control by either of the others and each is supreme within its own sphere, they are still equal and coordinate. Equal because they all derive their powers from the same common sovereign through the constitution. And coordinate because they cannot simply ignore the acts done by other departments as nugatory and not binding.

ARISTOTLE'S FORMS OF GOVERNMENT

Aristotle, a Greek philosopher and student of Plato, classified government into three. They are:

1. government based on rule by the one,
2. government based on rule by the few, and
3. government based on rule by the many.

Government based on rule by the one. 

Monarchy (or royalty) is a form of government in which only a single ruler governs. The monarch rules for the benefit of the people. His concern is for good law, order and social justice.

The perverse form of monarchy is called tyranny. He rules for his own benefits and ego, accumulates wealth and satisfies his lust for power. Such a ruler is not legitimate and the people has the right and the duty to remove him in power.

Government based on rule by the few.

Aristocracy is a form of government where only quite a few people participates in governance. The number ranges from ten to twenty, and they are considered the wisest, the most just and the most honest people in the state. They are more contemplative and careful in their actions. Together, they make governmental decisions.

The perverse form of aristocracy is oligarchy where the few people, again perhaps ten to twenty, collectively take over the power of government not for the welfare of the people, but rather for their own material and vainglory. This form of government is more difficult to be overthrown as compared with tyranny.

photo source: http://upload.wikimedia.org

Government based on rule by the many.
The best form of government but probably the most difficult to achieve is polity. A polity occurs when all relevant citizens of the state participate in the decision making through open discussion, compromise, and conciliation. Of course, this is only possible in the small city-states that Aristotle knew so well. Again, the characteristics of this government are just, the highest form of wisdom is compromise and conciliation, and government that generally works for the benefit of all.
The perverse form of polity was labeled as democracy. Democracy is a form of government where people would go into the chambers of government not to do social justice but rather seek for their own ends. No one is willing to compromise inorder to achieve solutions to problems. This causes a breakdown in the process of government and eventually a collapse of government.

Over the years, the Aristotle's polity became synonymous with representative government or democracy and his perverse form of polity was renamed as mob rule or anarchy.

RIGHT TO REVOLT

The constitution in any democratic state enshrines the rule of law. Any action that operates beyond the framework of the rule of law is considered illegal. It sometimes happens, that the people rise in revolt against the existing administration and through force or threats succeed in altering the constituted organs of government. (Sinco, 1962).

The revolution, being an elemental right, is attributed to the state if it succeeds. It becomes legal since any action attributed to the state is legal. This is the legal and political basis of the doctrine of revolution.

In some other nations, the right to revolt is not included in their organic laws because it implies political instability of the state. From their points of view, to constitutionalize the right to revolt might encourage mob rule and set-off a chain of revolutions for capricious reasons.

The Philippines, provides otherwise. Section 1, Article II of the 1987 Philippine Constitution recognizes that the people, as the ultimate judges of their destiny, can resort to revolution as a matter of right. (De Leon, 1991). It recognizes the inherent right of the people to revolt if sufficiently provoked by oppression or abuses. From the time that the present Constitution took effect, twice that the people of the Philippines have exercised this basic right, but in the in more prudent and peaceful ways. In a span of 15 years, the Filipinos were able to overthrow two administrations haunted by graft and corruption and human rights violations. Those direct state actions were written in history as People Power 1 and People Power 2 respectively.

LOCATION OF SOVEREIGNTY

Where does sovereignty reside?

If we are to qualify, legal sovereignty resides in the lawmaking body of a state. The legislative body (Congress or Parliament) can pass a law without restraints whatsover except those of a physical or moral character.

But of course, at the back of this power is the power of the people or the political sovereign. This political sovereign can depose a King or a President or bring the Parliament down. In a democratic country, political sovereign may be understood to be the electorate or ultimately the whole mass of population. The real political sovereign is in all states the people, whether they actually control public affairs, whether they deliberately turn over these affairs to a ruling class, or whether they are voluntarily or involuntarily submit to the domination of a despot. (Aruego, 1981)

Therefore, political sovereignty resides in the people; but the legal sovereignty is in the hands of the lawmaking body.

Section 1, Article II of the 1987 Philippine Constitution states that

"xxx. Sovereignty resides in the people and all government authority emanates from them."

With this principle, the Filipino people have the right to constitute their own government, to change it, to form a new government and to organize it in a way that they deemed best. Government functionaries is not therefore the repository of sovereignty, rather they were delegated by the people to exercise sovereignty.

photos courtesy of www.pinasnapinas.blogspot.com and www.congress.gov.ph

ACQUISITION OF SOVEREIGNTY

It is given that sovereignty is inherent in a state. Thus, the existence of a state presupposes the existence of sovereignty.

Dependent states do not have sovereignty. They acquire sovereignty as soon as it withdraws itself from the sovereignty of the mother state. If it chooses to withdraw not upon the declaration by the mother state of its independence, sovereignty arises from the moment of such withdrawal. (Aruego, 1981). The existence of its sovereignty is founded upon the fact that it no longer recognizes allegiance or renders obedience to the old sovereignty, and not upon the fact that the old sovereignty has by a treaty or other form of declaration indicated that it no longer claims its allegiance. (Willoughby, ____). If a dependency chooses to revolt against the mother country and succeeds in the revolution, its sovereignty arises not from the time of its success, but from the time of the declaration of its independence.

Sovereignty cannot be acquired as a gift or grant of State. According to Willoughby, sovereignty cannot create another sovereignty because "legal authority cannot, by its own will or act, create another legal authority legally superior or even equal to itself." Therefore, the Treaty of Paris signed in 1930 contained recognition of independence of the Philippines not a grant of its sovereignty.

CHARACTERISTICS OF SOVEREIGNTY

Sovereignty is permanent, exclusive, comprehensive, inalienable, absolute and unified.

Permanence - So long as the state itself exists, sovereignty continues without interruption.
Exclusive - There can be but one supreme power in the state. Within the state, there is no other power that possesses equal or superior authority to it.
Comprehensiveness - Sovereign power extends over all persons, associations, and things within such territorial limits except those over which the state has voluntarily consented to waive the exercise of its jurisdiction.
Inalienability - An attribute of the state by virtue of which it cedes away any of its essential elements without self-destruction.
Absolutism - Sovereignty is a primary power. It does not derive its power from anything, There is no other body that determines the nature and the extent of the power as a matter of legal right.
Unity - Sovereignty cannot be divided without producing several wills of the people, which is inconsistent with the notiion of sovereignty.

KINDS OF SOVEREIGNTY

photo courtesy of http://www.lakbaypilipinas.com/

There are four kinds of sovereignty:

1. Legal sovereignty - is the authority which has the power to issue final commands. This is the supreme law making power.
2. Political sovereignty - is the power behind the legal sovereign, or the sum of the influences that operate upon it. This is legally unknown, unorganized and incapable of expressing the will of the state in the form of legal command. But it is this will that must ultimately prevail in the State. In a narrower sense, the electorate constitutes the political sovereign, and in a broader sense, the whole mass of population.
3. Internal sovereignty - refers to the power of the State to control its domestic affairs. It empowers the State to make and alter its system of government, and to regulate its private affairs, as well as the rights and relations of its citizens, without any dictation, interference, or control on the part of any person or body or State outside the particular political community.
4. External sovereignty - is the power of the State to direct its relations with other States. With this, the State is not subject to the control, dictation, or government of any other power. It implies the right and power to receive recognition as an independent power from other powers, and to make treaties with them on equal terms, make war or peace with them, send diplomatic agents to them, acquire territory by conquest or occupation, and otherwise to manifest the freedom and autonomy. (Suarez, 2005) This is also known as independence.

SOVEREIGNTY, DEFINED.

Sovereignty is the supreme power of the state to command and enforce obedience to its will from people within its jurisdiction and corollarily, to have freedom from foreign control. (De Leon, 1991) It is the supreme, absolute and uncontrollable power by which any state is governed.

STATE VS. NATION

Nation is a population having a common language and literature, a common tradition and history, common customs, and a common consciousness of rights and wrongs, inhabiting a territory of a geographic unity. A society of men is said to constitute a nation when they feel conscious of their common racial or cultural or sentimental solidarity among themselves. In sum, a nation exists where its component atoms believe it to be a nation.

What are then the differences between nation and state? Nation is an ethnical concept while state is a political or legal concept. A state presupposes a government and a definite territory, while these are not necessary for a nation to exist. There can be a nation without there being a state, but where there is a state, there is at least one nation. A state may be made up of one or more nations, it is called a poly-national state. But where there is only one nation in one state, it is called a mono-national state.

STATE VS. GOVERNMENT

State has four basic elements: people, territory, government and sovereignty. The absence of any of these elements will not make a state a state. Thus, the state cannot exists without a government. There can be a government however even without there being a state. Government may exist as long as a particular society wanted to continue to have institutions that will carry out the rules of action which are necessary for them to live in a social state.

A state is permanent while a government is not. A government may come and go, it may be overthrown. But the state continues to be unimpaired and unaffected.

A state is an ideal person, intangible, indivisible and immtable. It can do no wrong. The government is an agency of the state. It is perfect if it acts within the sphere. Whatever done wrong is attributed to the government and not to the state.

ACT OF STATE

An act of state is an act done by the state in its exercise of sovereign power through its government or its delegate subject to the limits of the power vested in him. An act of state cannot be questioned or made the subject of legal proceedings in a court of law.

Example of an act of state is the act of recognizing a newly-established foreign state or government.

DOCTRINE OF PARENS PATRIAE

Literally, parens patriae means father of the country. This doctrine has been defined as the inherent power and authority of the state to provide protection to the persons and property of the persons non-sui juris. Non-sui juris persons are those who lack the legal capacity to act on his own behalf like the child or the insane persons.

NATIONAL AIR SPACE

One of the domains of territory is the aerial domain. It includes the air directly above the state's terrestrial and fluvial domains, all the way up to where the outer space begins.

The International Convention on Civil Aviation holds that every state has complete and exclusive sovereignty over the air space above its territory. It also regulates flight of civil aircraft over the territory of another state except by special agreement or otherwise, and in accordance with the terms thereof.

With the development of modern air navigation, it has been suggested as a better rule to allow innocent passage to a certain height in order to provide freedom of transportation.

MODES OF ACQUIRING TERRITORY

The traditional modes of acquiring territory of a state are:
(a) discovery, (b) occupation, (c) prescription, (d) cession, (e) annexation, (f) conquest, (g) accretion and (h) avulsion.

Discovery is the oldest method of acquiring title to territory. However, discovery alone would not suffice to establish legal title. It is necessary that the discovered area must be physically occupied. Related to title by discovery is the hinterland doctrine or the principle of continuity. If a state has made a settlement, it has a right to assume sovereignty over all adjacent vacant territory, which is necessary to the integrity and security of the settlement.

Occupation is the intentional acquisition by a state over a territory which at the time of claim not under the sovereignty of any state. There are two requirements: (1) the territory subject of claim must not be under the sovereignty of any state (terra nullius); and (2) the state must have effectively occupied the territory, that is, the state claiming the territory must have exercised immediate occupation (corpus occupandi) on the territory after it displayed its intention to occupy (animus occupandi).

There are two elements of effective occupation. One is the intention and will to act as sovereign (animus), and two is the peaceful and continuous display of state authority (factum). The intention can be displayed from the simple fact of publishing notices of sovereignty in various state journals or issuing laws on territorial assertions. The display of state authority must be peaceful and continuous. Mere protests from rival claimant states do not lose the peaceful character of  the display of state authority. However, consistent protests over a long period of time if not rebutted by the claimant state may disturb the peaceful character of the display of state authority. The continuous display of state authority encompasses two ideas: (1) that the display of authority is ongoing; and (2) the display of state authority must exist up to the "critical date". The critical date in a territorial dispute is the date on which the location of territorial sovereignty is decisive. Normally it is the date of the origin of the dispute. The state which can present an effective title in the period immediately preceding the critical date has the superior claim.

Prescription means continued occupation over a long period of time by one state of territory actually and originally belonging to another state. There are four requirements of prescription: (1) the possession must be exercised in the form of actual exercise of sovereign authority; (2) the possession must be peaceful and uninterrupted; (3) the possession must be public; and (4) the possession must be for a long period of time.  The peaceful and continuous display is also an essential element although as compared to occupation, prescription requires a stricter proof and longer period of the display of authority. Moreover, any protest or objection by the losing state destroys the peaceful display of authority of the claiming state.

Cession is the transfer of territory usually by treaty from one state to another. Concomitant of transfer of territory is the transfer of sovereignty from the owner state to another state. And since cession is a bilateral transaction, the parties involved are states. Cession may also be in the form of exchange of territory or in the form gift or donation or devise.

Conquest is acquiring territory by the use of force. The practice before was after conquest, the conqueror annexed the conquered territory to his state. Thus, conquest first takes place followed by annexation. But with the establishment of the United Nations, conquest is no longer acceptable in the international community.

A state may also increase or decrease its territory through accression and avulsion. Accression is the attainment of sovereignty over new land due to slow movement of natural forces. Example of this is the gradual movement of a river bed. On the other hand, if the natural forces happened suddenly, like creation of an island in territorial waters due to volcanic eruption, it is referred as avulsion.

Related cases:

• The Island of Palmas (Miangas) Arbitration, The Netherlands vs. United States
• Kalayaan Group of Islands
• Western Sahara Case
• Eastern Greenland Case
• Clipperton Island Case
• Pulau Ligitan and Pulao Sipadan Case, Indonesia vs. Malaysia
• Pedra Branca and Pulau Bato Puteh, Malaysia vs. Singapore

Useful links:

• http://staff.iiu.edu.my/ghafur/Lecture%20notes/LAW%203910%20ppt%20Lectures/5.%20STATE%20TERRITORY.pdf
• http://www.lfpr.lt/uploads/File/1999-4/Zalimas.pdf

DE FACTO AND DE JURE GOVERNMENTS

A de jure government (government of law) is an organized government of a state which has the general support of the people.
A de facto government (government of fact) is a government which actually exercises power or control but without legal title.
There are three kinds of de facto government:

1. the government that gets possession and control of, or usurps by force or by the voice of the majority, the rightful legal government and maintains itself against the will of the latter;
2. that established as an independent government by the inhabitants of a country who rise in insurrection against the parent state; and
3. that which is established and maintained by military forces who invade and occupy a territory of the enemy in the course of war, and which is denominated as a government of paramount force.

The Second Republic of the Philippines was a de facto government of paramount force, having been established by the Japanese belligerents. On the other hand, in a decision rendered by the Supreme Court it declared that the government under Corazon Aquino was a de jure government as the people have already accepted it and the community of nations have recognized its legitimacy.

photos courtesy of http://tatakblogong.files.wordpress.com/ and http://www.crossed-flag-pins.com/

GOVERNMENT VS ADMINISTRATION

Government is distinct from administration. Government is the agency which formulates, expresses and realizes the will of the people. On the other hand, administration is composed of group of persons in whose hands the reins of government are for the time being. It is the administration that runs the affairs of the government for a given period of time, after which another administration may be called upon by the people to serve them. That is why we say that administration changes but the government does not.

FUNCTIONS OF GOVERNMENT

There are two functions of government: constituent and ministrant.

Constituent functions are those which constitute the very bonds of society and are compulsory in nature. Examples are keeping of order and providing for the protection of persons and property; the fixing of the legal relations between man and wife, and between parents and child; the regulation of property and the determination of contract rights; the definition and punishment of crime, the administration of justice, the determination of political duties, privileges, and relations of citizens, dealings of the state with foreign powers, the preservation of the state from external danger and the advancement of international interest.

 photo courtesy of http://www.mrdonn.org/

Ministrant functions are those that are undertaken only by way of advancing the general interests of society and are merely optional. Examples are public works, public education, public charity, health and safety regulations and regulations of trade and industry.

FORMS OF GOVERNMENT

The following are the forms of government:

1. As to the number of persons exercising sovereign powers:
• Monarchy - the supreme authority is in the hands of a one person only; how he got into power or how long his tenure would be does not matter 
• Absolute monarchy - the power of the monarch is based on divine right
• Limited monarchy - the power of the monarch is based on the constitution
• Aristocracy - the ruling power is in the hands of a few privileged class
• Democracy - the power is in the hands of the people
• Direct or pure democracy - the power is directly exercised by the people through assembly or mass meeting.
• Indirect, representative or republican - the power is exercised by a group of persons chosen by the people to act as their representatives
2. As to extent of powers exercised by the central or national government:
• Unitary government - the control of national and local affairs is under the central or national government
• Federal government - the powers of the government are divided between two sets of organs, one for national and the other for local affairs, each organ being supreme within its own sphere
3. As to relationship between the executive and the legislative branches of the government:
• Parliamentary government - the executive is dependent on the legislative
• Presidential government - the executive is constitutionally vested with powers making it independent from legislative department
4. Other forms:
• Civil government - the affairs of the state are administered and directed by the citizens or their representatives
• Military government - established and administered by a  belligerent in the territory of an enemy occupied by him
• Constitutional government - the powers of those who rule are defined and limited by the constitution
• Despotic government -  the powers of those who rule are vague and may seem limitless because it is not defined nor limited by the constitution
• Elective government - the state confers powers upon a person or organization chosen by qualified voters and the holding of powers is for a limited term and under certain conditions
• Hereditary government - the state confers the powers of government upon a person or organization standing in a certain family relations to his or their immediate predecessors
• Coordinate government -  the powers of the government is distributed among separate departments equally independent of but coordinate with each other
• Consolidated government - the state confides all governmental powers to a single body
• De jure government - established according to the constitution of the state and has the general support of the people
• De facto government - established against existing constitution of the state and is maintained against the rightful and lawful government
• Revolutionary government - installed, whether by force or otherwise, not in accordance with the procedure prescribed in an existing constitution

The Philippines is a representative, unitary, presidential  civil, constitutional, elective, coordinate, and de jure government. In a way, it also exercises direct or pure democracy because of the constitutional provision on initiative and referendum.