GOVERNANCE

The United Nations Development Programme

(UNDP) defines governance as the exercise of
political, economic and administrative authority
in the management of a countrys affairs at all
levels.
Meanwhile, the Asian Development Bank (ADB)
conceptualized governance as the management
of the development process involving both the
public and private sectors. It encompasses the
functioning and capability of the public sector, as
well as the rules and institutions that create the
framework for the conduct of both public and
private business.

ELEMENTS OF GOVERNANCE
ADB clarifies its concept of governance by
identifying four elements. These are
accountability, participation, predictability and
transparency.
Accountability
Public officials must be answerable for
government behavior, and responsive to the
entity from which their authority is derived.

which encompass well-defined rights and duties,

mechanisms for their enforcement, and impartial
settlement of disputes. Predictability is about the
fair and consistent application of these laws and
implementation of government policies.
Transparency
Transparency refers to the availability of
information to the general public and clarity
about government rules, regulations, and
decisions. It can be strengthened through the
citizens right to information with a degree of
legal enforceability. Transparency in government
decision-making and public policy
implementation reduces uncertainty and can help
inhibit corruption among public officials.

STATE
A community of persons, more or less numerous,
permanently occupying a definite portion of
territory, independent of external control, and
possessing a government to which a great body
of inhabitants render habitual obedience. The
Philippines is a state.

melting pot of several nationalities and

conversely, a single nation may be made up of
several states such as the Arab Nation which is
divided into several states such as Saudi Arabia,
Jordan, Syria, Lebanon etc.(De Leon, Textbook on
the Philippine Constitution)
DISTINGUISHED FROM GOVERNMENT
A government is only the instrument through
which the will of the state is expressed. It can
exist without the state while the state cannot
exist without a government.
A government may change, its form may change,
but the state, as long as its essential elements are
present, remains the same.

INHERENT POWERS OF THE STATE

1. Police Power
It is defined as the power of promoting the public
welfare by restraining and regulating the use of
liberty and property (Freund). It is the Inherent
and plenary power of the state which enables it
to prohibit all that is hurtful to the comfort,
safety and welfare of society (Ermita-Malate
Hotel and Motel Operators Association, Inc. v
Mayor of Manila) Politics and Governance 12

DISTINGUISHED FROM A NATION

A nation is a group of people bound together by
Participation
Participation refers to the involvement of citizens certain characteristics such as common social
origin, language, customs and traditions, and who
in the development process. Beneficiaries and
2. Power of Eminent Domain
groups affected by the project need to participate believe that they are one and distinct from
others.
(De
Leon,
Textbook
on
the
Philippine
It is the governments coercive authority, upon
so that the government can make informed
Constitution)
just compensation, to forcibly acquire a property
choices with respect to their needs, and social
to devote it to public use.
groups can protect their rights.
In common usage, the terms are often used
interchangeably. However, a state is a political
3. Power of Taxation
Predictability
It is the power to raise revenues
A country's legal environment must be conducive concept while a nation is an ethnic concept. A
state
may
consist
of
one
or
more
nation.
For
to development. A government must be able to
example, the United States of America is a
regulate itself via laws, regulations and policies,

ELEMENTS OF STATE
There are 4 essential elements of state namely (1)
people (2) territory (3) government and (4)
sovereignty. Politics and Governance 13
1. PEOPLE
refers to the inhabitants of the State. It
must be composed of both sexes to allow
continuity through reproduction. It must be
adequate in number for self-sufficiency and
defense.
2. TERRITORY
is the portion of the earths surfaced
permanently inhabited by the people. It is
composed of terrestrial, fluvial, maritime
and aerial domains.

National territory of the Philippines defined:

The national territory comprises the Philippine
archipelago, with all the islands and waters
embraced therein, and all other territories over
which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial and
aerial domains. Including its territorial sea, the
seabed, the subsoil, the insular shelves, and other
submarine areas (Section 1, Article I)

Territorial waters is set out to 12 nautical miles

from the baseline, the coastal state is free to set
laws, regulate use, and use any resource. Vessels
were given the right of "innocent passage"
through any territorial waters, with strategic
straits allowing the passage of military craft as
"transit passage", in that naval vessels are
allowed to maintain postures that would be
illegal in territorial waters. Innocent passage is
defined by the convention as passing through
waters in an expeditious and continuous manner,
which is not prejudicial to the peace, good order
or the security of the coastal state. Fishing,
polluting, weapons practice, and spying are not
innocent", and submarines and other
underwater vehicles are required to navigate on
the surface and to show their flag. Nations can
also temporarily suspend innocent passage in
specific areas of their territorial seas, if doing so is
essential for the protection of its security.

continental margins outer edge, or 200 nautical

miles from the coastal states baseline, whichever
is greater. States continental shelf may exceed
200 nautical miles until the natural prolongation
ends, but it may never exceed 350 nautical miles,
or 100 nautical miles beyond 2,500 meter
isobath, which is a line connecting the depth of
2,500 meters.
Archipelagic doctrine is embodied in the last
sentence of Section 1, Article I of the 1987
Philippine Constitution. It treats an archipelago, a
group of islands in a body of water, as one
integral, compact unit.
Government is the agency or instrumentality
through which the will of the State is formulated,
expressed and realized (US v. Dorr)

Government of the Philippine defined

The corporate governmental entity through
Contiguous zone extends beyond the 12 nautical
mile limit there was a further 12 nautical miles or which the functions of government are exercised
throughout the Philippines, including, save as the
24 nautical miles from the territorial sea
contrary appears from the context, the various
baselines
limit, the contiguous zone, in which a state could arms through which the political authority is
continue to enforce laws regarding activities such made effective in the Philippines, whether
as smuggling or illegal immigration
pertaining to the autonomous regions, the
Definition of terms
provincial, city, municipal or barangay
The following territorial areas are defined by the Exclusive economic zones (EEZs)extend 200
provisions of the United Nations Convention on
nautical miles from the baseline. Within this area, subdivisions or other forms of local government
the Law of the Seas (UNCLOS):
[Section 2 (1), Administrative Code of 1987]
the coastal nation has sole exploitation rights
over all natural resources. The EEZs were
Internal waters cover all water and waterways on introduced to halt the increasingly heated clashes FUNCTIONS OF THE GOVERNMENT
1. constituent (governmental) which are
the landward side of the baseline. The coastal
over fishing rights, although oil was also
mandatory to perform for the Government such
state is free to set laws, regulate use, and use any becoming important.
as maintenance of peace and order, regulation of
resource. Foreign vessels have no right of passage The continental shelf is defined as the natural
within internal waters.
prolongation of the land territory to the

property and property rights, administration of

justice, etc.

there is no clear cut separation of powers

between the legislative and executive branches of
government. Parliamentary systems usually have
2. ministrant (proprietary) which are optional
a clear differentiation between the head of
and intended to promote the welfare, progress
government and the head of state. Meanwhile, a
and prosperity of the people.
presidential government indicates a system
wherein the offices of the head of the
government and head of state are combined in a
FORMS OF GOVERNMENT
single manthe President. The entire executive
classified according to
power is vested in the President and all
(1) number of persons exercising sovereign
government action is his responsibility. The
powers
presidential system provides for a Chief Executive
(2) extent of powers exercised by the central or
who is elected for a definite term of office, who
national government and
holds a wide public mandate as a result of his
(3) relationship between the executive and the
election, and who is largely independent of the
legislative branches of the government.
legislative branch for the conduct of his
1-A. Monarchy: supreme and final power is in the administration. His formal powers are defined in
hands of a single person and further classified as a documentary constitution. Because he is both
(1) absolute monarchy and (2) limited monarchy. Chief of State and political leader of the
1-B. Aristocracy: political power is exercised by a government, his prestige and authority are
doubly enhanced.
few privileged class.
1-C. Democracy: political power is exercised by a
majority of the people and further classified as
Philippine Government Structure
(1) direct or pure democracy or (2) indirect,
representative or republican democracy.
2-A. Unitary government is a form of government
where the control over national and local affairs
is exercised by the central or national
government.
2-B. Federal government is where the powers of
the government are divided between the national
and the local government.
3. Parliamentary government is distinguished by
the head of government being dependent on the
direct or indirect support of the parliament, often
expressed through a vote of confidence. Hence,

Three equal branches of government exist

executive, legislative, and judicialand operate
under the doctrine of separation of powers and a
system of checks and balances.
Separation of powers
Each department of the government has
exclusive cognizance of the matters within its
jurisdiction, and is supreme within its own
sphere. But it does not follow from the fact that
the three powers are to be kept separate and
distinct that the Constitution intended them to be
absolutely unrestrained and independent of each
other.
Checks and balance
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)

LEGISLATIVE DEPARTMENT
Legislative branch is composed of the Senate and
the House of Representatives.
SENATE
COMPOSITION
Twenty-four (24) senators elected at large. (Sec.
2, Article VI)
QUALIFICATIONS
A Senator must be a (1) natural-born citizen of
the Philippines (2) on the day of the election, at
least 35 years of age, (3) able to read and write,
(4) a registered voter, and (5) a resident of the
Philippines for not less than two years
immediately preceding the day of the election.
(Section 3, Article VI)
TERM OF OFFICE
Six years, commencing at noon on the 30th day of
the next following their election provided that no
Senator shall serve for more than two
consecutive terms. Voluntary renunciation of
office for any length of time shall not be
considered an interruption in the continuity of his
service for the full term for which elected (Section
4, Article VI).

provinces, cities and the Metropolitan Manila

area.
2. Party-list representatives who shall constitute
twenty per centum of the total number of
representatives elected through the party-list
system. (Section 5, Article VI)
Politics and Governance 22
QUALIFICATIONS
A member of the House of Representatives must
be a
(1) natural-born Filipino citizen,
(2) on the day of election, at least 25 years of age,
(3) able to read and write, and, except the partylist representatives,
(4) a registered voter in the district in which he
shall be elected, and a resident thereof for not
less than one year immediately preceding the day
of election.
TERM OF OFFICE
A representative shall serve for three years,
commencing at noon on the 30th day of June
next following their elections provided no
representative shall serve for more than three
consecutive terms. (Section 7, Article VI)
Privileges: (1) Freedom from arrest and (2)
Privilege of speech and of debate (Section 11,
Article VI)

HOUSE OF REPRESENTATIVES

2. Privilege of speech and debate

No member shall be questioned nor be liable in
any other place for any speech and debate in
Congress or in any committee thereof.
POWERS
- Legislative power
It is the power conferred by the Constitution to
propose, enact, amend and repeal laws. Politics
and Governance 23
LEGISLATIVE PROCESS
Bill preparation
The House Member (or the
Congressman/woman) prepares and drafts the
bill, or the Bill Drafting Division of the Reference
and Research Bureau does the same upon the
Members request. Bills and proposed resolutions
are required to be signed by their author or
authors.
First reading
The bill is filed with the Bills and Index Service
and the same is numbered and reproduced.
Three days after the filing, the same is included in
the Order of Business for First Reading. On First
Reading, the Secretary General reads the title and
number of the bill. The Speaker then refers the
bill to the appropriate committee/s.

PRIVILEGES OF MEMBERS (Sec. 11, Article VI)

COMPOSITION
Not more than 250 members, unless otherwise
provided by law, consists of:
1. District representatives elected form
legislative districts apportioned among the

Committee consideration or action

1. Freedom from arrest
The Committee to which the bill was referred is
A Senator or Member of the House of
tasked to evaluate and determine the necessity of
Representatives shall, in all offenses punishable
conducting public hearings. If public hearings are
by not more than six years of imprisonment, be
necessary, it schedules the time thereof, issues
privileged from arrest while Congress is in session public notices, and invites resource persons for
the proposed legislation. If there is no need to

conduct public hearings, the bill is scheduled for

Committee discussions. Based on the results of
the public hearings or Committee Discussions, the
Committee may introduce amendments,
consolidate bills on the same subject matter, or
propose a substitute bill. It then prepares a
corresponding Committee Report. The
Committee approves the Committee Report
before its formal transmission to the Plenary
Affairs Bureau.

Member is given three minutes to explain his/her

vote if he/she desires. Amendment of the bill is
not allowed at this stage.The bill is approved if
majority of the House Members show an
affirmative vote. If the bill is disapproved, it is
transmitted to the archives.

Second reading
The Committee Report is registered and
numbered by the Bills and Index Service. It will be
included in the Order of Business and referred to
the Committee on Rules, which then schedules
the bill for consideration on Second Reading.
Committee Reports are prepared by the secretary
of the Committee and duly approved by the
Chairman, Vice-Chairmen and members of the
Committee. On Second Reading, the Secretary
General reads the number, title and text of the
bill in the plenary session. The period of
sponsorship and debate and/or amendments may
take place. Voting may be through viva voce
(verbal aye and no vote), counted by tellers,
division of the House, or nominal voting. Politics
and Governance 24

Senate action
The approved bill of the House undergoes the
same legislative process in the Senate.

Transmittal to the Senate

The approved bill is sent to the Senate for its
concurrence.

Conference committee
A conference committee is formed and is
composed of both Members from each House
(Congress and Senate) to settle, reconcile, and
thresh out differences on any provisions of the
bill. A Conference Committee report is prepared
and signed by all conferees and the Chairman. It
is then submitted for consideration or approval of
both Houses. Any amendments are not allowed.

Transmittal to the President

Copies of the bill signed by the Senate President
and the Speaker of the House of Representatives,
and certified by both of the Secretary of the
Third reading
Senate and the Secretary General of the House,
The amendments, if any are engrossed or collated are transmitted to the President.
and printed copies are reproduced. The
engrossed bill is included in the Calendar of Bills
PRESIDENTIAL ACTION
for Third Reading. Copies of the same are
If the bill is approved by the President, it is
distributed to the House Members three days
assigned an RA (Republic Act) number and
before its Third Reading. On Third Reading, the
transmitted to the House where it originated. In
Secretary General reads only the number and title case of a veto, the bill is transmitted to the House
of the bill. A roll call or nominal voting is called. A

where it originated, together with a message

citing the reason for the veto.
Action on the approved bill
The bill is reproduced and copies are sent to the
Official Gazette Office for publication and
distribution to implementing agencies. It is then
included in the annual compilations of Acts and
Resolutions.
Action on veted bill
The message is included in the Order of Business.
If the Congress decides to override the veto, both
Houses shall proceed separately to consider the
bill or the vetoed item of the bill. If two-thirds of
the Members voted in favor of the bill, or its
vetoed items, such bill or items shall become a
law.
EXECUTIVE DEPARTMENT
QUALIFICATIONS
No person may be elected President unless he is a
(1) natural-born citizen of the Philippines,
(2) a registered voter
(3) able to read and write,
(4) at least forty years of age on the day of the
election, and a
(5) resident of the Philippines for at least ten
years immediately preceding such election. (Sec.
2 Article VII)
There shall be a Vice-President who shall have the
same qualifications and term of office and be
elected with, and in the same manner, as the
President. He may be removed from office in the
same manner as the President. (Sec. 3, Article VII)
TERM OF OFFICE

Oath of Office
Before they enter on the execution of their office,
the President, the Vice-President, or the Acting
President shall take the following oath or
affirmation:
"I do solemnly swear (or affirm) that I will
faithfully and conscientiously fulfill my duties as
President (or Vice-President or Acting President)
of the Philippines, preserve and defend its
Constitution, execute its laws, do justice to every
man, and consecrate myself to the service of the
Nation. So help me God." (In case of affirmation,
last sentence will be omitted.) (Sec. 5, Article VII)
PRIVILEGES (Sec. 6, Article VII)
The President shall have an official residence.
The salaries of the President and Vice-President
shall be determined by law and shall not be
decreased during their tenure. No increase in said
compensation shall take effect until after the
expiration of the term of the incumbent during
which such increase was approved. They shall not
receive during their tenure any other emolument
from the Government or any other source.

The President and the Vice-President shall be

elected by direct vote of the people for a term of
six years which shall begin at noon on the
thirtieth day of June next following the day of the
election and shall end at noon of the same date,
six years thereafter. The President shall not be
eligible for any re-election. No person who has
succeeded as President and has served as such

for more than four years shall be qualified for

election to the same office at any time.
No Vice-President shall serve for more than two
successive terms. Voluntary renunciation of the
office for any length of time shall not be
considered as an interruption in the continuity of
the service for the full term for which he was
elected (Sec. 4, Article VII).

Immunity from suit

In the case of In re: Bermudez, the Supreme Court
expressly held that, incumbent presidents are
immune from suit or from being brought to court
during the period of their incumbency and
tenure.
In Soliven v. Makasiar, where the Supreme Court
stated that the rationale for the grant to the
President of the privilege of immunity from suit is
to assure the exercise of Presidential duties and
functions free from any hindrance or distraction,
considering that being the Chief Executive of the
Government is a job that, aside from requiring all

of the office-holders time, also demands

undivided attention.
Executive privilege
Fr. Joaquin Bernas explained executive privilege
as the power of the President to withhold certain
types of information from the courts, the
Congress and ultimately the public. The types of
information include those which are of a nature
that disclosure would subvert military or
diplomatic objectives, or information about the
identity of persons who furnish information of
violations of law, or information about internal
deliberations comprising the process by which
government decisions are reached.

heads of bureaus or offices, including

government-owned or controlled corporations
and their subsidiaries.

President until the President or Vice-President

shall have been elected and qualified.

Temporary disability (Sec. 11, Article VII)

1. Whenever the President transmits to the
President of the Senate and the Speaker of the
Vacancy at the beginning of the term (Sec. 7,
House of Representatives his written declaration
Article VII)
that he is unable to discharge the powers and
1. If the President-elect fails to qualify, the Vice
duties of his office, and until he transmits to them
President-elect shall act as President until the
a written declaration to the contrary, such
President-elect shall have qualified.
powers and duties shall be discharged by the
2. If a President shall not have been chosen, the
Vice-President as Acting President.
Vice President-elect shall act as President until a
2. Whenever a majority of all the Members of the
President shall have been chosen and qualified.
Cabinet transmit to the President of the Senate
3. If at the beginning of the term of the President, and to the Speaker of the House of
the President-elect shall have died or shall have
Representatives their written declaration that the
PROHIBITION AND INHIBITIONS (Sec. 13, Article
become permanently disabled, the Vice
President is unable to discharge the powers and
VII)
President-elect shall become President.
duties of his office, the Vice-President shall
The President, Vice-President, the Members of
4. Where no President and Vice-President shall
immediately assume the powers and duties of the
the Cabinet, and their deputies or assistants shall have been chosen or shall have qualified, or
office as Acting President.
not, unless otherwise provided in this
where both shall have died or become
Constitution, hold any other office or
permanently disabled, the President of the
Thereafter, when the President transmits to the
employment during their tenure. They shall not,
Senate or, in case of his inability, the Speaker of
President of the Senate and to the Speaker of the
during said tenure, directly or indirectly, practice the House of Representatives, shall act as
House of Representatives his written declaration
any other profession, participate in any business, President until a President or a Vice-President
that no inability exists, he shall reassume the
or be financially interested in any contract with,
shall have been chosen and qualified.
powers and duties of his office. Meanwhile,
or in any franchise, or special privilege granted by
should a majority of all the Members of the
the Government or any subdivision, agency, or
Vacancy during the term (Sec. 8, Article VII)
Cabinet transmit within five days to the President
instrumentality thereof, including government1. In case of death, permanent disability, removal of the Senate and to the Speaker of the House of
owned or controlled corporations or their
from office, or resignation of the President, the
Representatives, their written declaration that
subsidiaries. They shall strictly avoid conflict of
Vice-President shall become the President to
the President is unable to discharge the powers
interest in the conduct of their office.
serve the unexpired term.
and duties of his office, the Congress shall decide
The spouse and relatives by consanguinity or
Politics and Governance 33
the issue. For that purpose, the Congress shall
affinity within the fourth civil degree of the
2. In case of death, permanent disability, removal convene, if it is not in session, within forty-eight
President shall not, during his tenure, be
from office, or resignation of both the President
hours, in accordance with its rules and without
appointed as Members of the Constitutional
and Vice-President, the President of the Senate
need of call.
Commissions, or the Office of the Ombudsman,
or, in case of his inability, the Speaker of the
If the Congress, within ten days after receipt of
or as Secretaries, Undersecretaries, chairmen or
House of Representatives, shall then act as
the last written declaration, or, if not in session,
PRESIDENTIAL SUCCESSION

within twelve days after it is required to

assemble, determines by a two-thirds vote of
both Houses, voting separately, that the
President is unable to discharge the powers and
duties of his office, the Vice-President shall act as
President; otherwise, the President shall continue
exercising the powers and duties of his office.
Politics and Governance 34

of other officers lower in rank in the President

alone, in the courts, or in the heads of
departments, agencies, commissions, or boards.

agents of the Chief Executive, and, except in cases

where the Chief Executive is required by the
Constitution or law to act in person or the
exigencies of the situation demand that he act
Power of removal
personally, the multifarious executive and
As a general rule, the power of removal may be
administrative functions of the Chief Executive
implied from the power of appointment.
are performed by and through the executive
However, the President cannot remove officials
departments, and the acts of the Secretaries of
appointed by him where the Constitution
such departments, performed and promulgated
prescribes certain methods for separation of such in the regular course of business, are, unless
POWERS OF THE PRESIDENT
officers from public service. (Nachura,
disapproved or reprobated by the Chief
Outline/Reviewer in Political Law)
Executive, presumptively the acts of the Chief
Executive power
Executive.
The executive power is the power to enforce and
Power of control
administer the laws. (National Electrification
The President shall have control of all the
MILITARY POWERS (Sec. 18, Article VII)
Administration v. Court of Appeals). Executive
executive departments, bureaus, and offices. He
power is more than the sum of specific powers
shall ensure that the laws be faithfully executed. 1. Commander-in-Chief of the Armed Forces
enumerated in the Constitution. It includes
The President shall be the Commander-in-Chief
residual powers not specifically mentioned in the (Sec. 17, Article VII) Politics and Governance 35
of all armed forces of the Philippines
Constitution. (Marcos v. Manglapus)
The power of control is the power of an officer to
alter, modify or set aside what a subordinate
2. Calling-out Power
Power of appointment
officer had done in the performance of duties and and whenever it becomes necessary, he may
It refers to the power to select, by the authority
to substitute the judgment of the former-for the call out such armed forces to prevent or suppress
vested with the power, an individual who is to
lawless violence, invasion or rebellion.
exercise the powers of a given office. Section 16, latter (Mondano v. Silvosa). An officer in control
lays
down
the
rules
in
the
doing
of
an
act.
If
they
Article VII specifically provides that:
are not followed, the officer may in his/ her
3. Suspension of the privilege of the writ of
The President shall nominate and, with the
discretion
order
the
act
undone
or
re-done
by
the
habeas corpus
consent of the Commission on Appointments, (1)
appoint the heads of the executive departments, subordinate or the officer may even decide to do In case of invasion or rebellion, when the public
the act himself/ herself. The officer may alter the safety requires it, he may, for a period not
(2) ambassadors, other public ministers and
wisdom of a law-conforming judgment made by
exceeding sixty days, suspend the privilege of the
consuls, or(3) officers of the armed forces from
writ of habeas corpus
the rank of colonel or naval captain, and (4) other the subordinate.
Grounds: Invasion or rebellion, when public
officers whose appointments are vested in him in
Alter ego principle
safety so requires it.
this Constitution.
Under
this
doctrine,
which
recognizes
the
Duration: Not to exceed sixty days, following
He shall also appoint (5) all other officers of the
establishment of a single executive, all executive which it shall be lifted, unless extended by
Government whose appointments are not
and administrative organizations are adjuncts of
Congress
otherwise provided for by law, and (6) those
the Executive Department, the heads of the
whom he may be authorized by law to appoint.
The Congress may, by law, vest the appointment various executive departments are assistants and

The President has the duty to report action to

Congress within 48 hours, personally or in
writing.

The Supreme Court may review, in an

appropriate proceeding filed by any citizen,
the sufficiency of the factual basis of the
proclamation of martial law or the suspension
of the privilege of the writ or the extension
thereof, and must promulgate its decision
thereon within thirty days from its filing

The suspension of the privilege of the writ

shall apply only to persons judicially charged
for rebellion or offenses inherent in or
directly connected with invasion. (Sec. 18,
Article VII)

The suspension of the privilege of the writ

does not impair the right to bail (Sec. 13,
Article III)

During the suspension of the privilege of the

writ, any person thus arrested or detained
shall be judicial.