POLIGOV HANDOUTS # 3 THE THREE BRANCHES OF THE GOVERNMENT: EXECUTIVE, LEGISLATIVE AND JUDICIARY AND THE NATIONAL AND

LOCAL GOVERNMENT EVOLUTION FROM CENTRALIZED TO DECENTRALIZED PREPARED BY: PORTIA ELAINE V. BISMONTE
I. THE LEGISLATIVE BRANCH The Legislative branch of the government, is the body of the government that deals with the formulating, making and the enactment of such laws. As the constitution stated the Philippine Congress is Bicameral in nature. The Legislative body or Congress was started in Ancient Athens, Greece, they made laws by popular assembly or council and it was called Leges or even make a law by the vote of the people called plebescita, or even by the degree of the Senate called senatus consulta. A type of representative deliberative assembly with the power to ratify laws. Legislatures are known by many names, the most common being parliament and congress, although these terms also have more specific meanings. The main job of the legislature is to make laws. In parliamentary systems of government, the legislature is formally supreme and appoints the executive. In presidential systems of government, the legislature is considered a power branch which is equal to, and independent of, the executive. In addition to enacting laws, legislatures usually have exclusive authority to raise taxes and adopt the budget and other money bills. The Philippine Legislative Body a History in Brief: When the Philippines was under American colonial rule, the legislative body was the Philippine Commission which existed from 1900 to 1907. The President of the United States appointed the members of the Philippine Commission. The Philippine Bill of 1902 mandated the creation of a bicameral or a two-chamber Philippine Legislature with the Philippine Commission as the Upper House and the Philippine Assembly as the Lower House. This bicameral legislature was inaugurated in 1907. Through the leadership of then Speaker Sergio Osmea and then Floor Leader Manuel L. Quezon, the Rules of the 59th United States Congress was substantially adopted as the Rules of the Philippine Legislature. In 1916, the Jones Law changed the legislative system. The Philippine Commission was abolished, and a new bicameral Philippine Legislature consisting of a House of Representatives and a Senate was established. The legislative system was changed again in 1935. The 1935 Constitution established a unicameral National Assembly. But in 1940, through an amendment to the 1935 Constitution, a bicameral Congress of the Philippines consisting of a House of Representatives and a Senate was created. Upon the inauguration of the Republic of the Philippines in July 4, 1946, Republic Act No. 6 was enacted providing that on the date of the proclamation of the Republic of the Philippines, the existing Congress would be known as the First Congress of the Republic. The 1973 Constitution abolished the bicameral Congress and created the legislative advisory council and legislative body Batasang Bayan and a unicameral Batasang Pambansa in a parliamentary system of government. The 1987 Constitution restored the presidential system of government together with a bicameral Congress of the Philippines. A. Legislative Power and where is it vested.

The legislative power is vested upon the Congress of the Philippines which is bicameral in nature, and consists of the Senate and the House of Representatives as stated by Article VI of the Philippine Constitution. Legislative Power is the power to enact general and specific laws, to alter or repeal them. When a new law is passed when existing law is partly modified or altered, or when a law is completely changed or repealed. B. Philippine Congress Structure and Composition The Philippine Congress is Bicameral in nature and is composed of the Senate and the House of Representatives, the Senate. The Senate referred to as the Upper House, is composed of 24 Senators, directly elected by qualified voters, vacancies have to be filled by special elections, all of them are elected non are appointed this practice helps maintains the independence of the Senate from the Executive branch where all appointments come from. The House of the Representatives or the Lower House is composed of 250 Congressmen/Representatives, unless otherwise changed by law, who shall be elected from the legislative districts apportioned among the provinces, cities and the Metropolitan Manila area in accordance with the number of their respective inhabitants and on the basis of a uniform and progressive ratio and those who as provided by law shall be elected through a party list system of registered national, regional, and sectoral parties or organizations. C. Functions, Rights, and Constitutional Prohibitions of the Congress Functions of the Congress/Modern Legislature 1. Lawmaking considered the primary function of the legislature, and with the suggestions or feedbacks of the executive as a guide makes laws to be promulgated to the state. It consists of the enactment of laws intended as a rule of conduct to govern the relation between individuals (i.e., civil laws, commercial laws, etc.) or between individuals and the state (i.e., criminal law, political law, etc.) Powers enjoyed by the Congress classifiable under this category are: Power to appropriate; Power to act as constituent assembly; Power to impeach; Power to confirm treaties; Power to declare the existence of war; Power to concur amnesty; and Power to act as board of canvasser for presidential/vice-presidential votes. 2. Electoral Function a function wherein the congress can vote or end the tiebreak if such thing exists in the candidates for presidency and vice-presidency. Elect its presiding officer/s and other officers of the House; Act as board of canvassers for the canvass of presidential/vice-presidential votes; and Elect the President in case of any electoral tie to the said post. 3. Implied powers - It is the essential to the effective exercise of other powers expressly granted to the assembly. 4. Inherent powers - These are the powers which though not expressly given are nevertheless exercised by the Congress as they are necessary for its existence such as: to determine the rules of proceedings; to compel attendance of absent members to obtain quorum to do business; to keep journal of its proceedings; and etc. 5. Judicial Power the congress has a duty to impeach constitutional officials like the president, members of the supreme court, and other high officials for certain designated

offences. In cases of bicameral legislative the representatives of lower house initiates the impeachment proceedings and then the upper house or senate tries the case as judges. This power of Congress will enable it to pass judgment upon certain parties/courses of action and falling under this category are the following: To expel and suspend its erring members; To initiate contempt proceeding in the Congress; To concur and approve amnesty declared by the President of the Philippines; To initiate, prosecute and thereafter decide cases of impeachment; and To decide electoral protests of its members through the respective Electoral Tribunal. 6. Function of Internal Discipline exercises the power to discipline its own members, each member who violates certain conduct in legislative procedures are investigated by a committee and the members guilty of such misdemeanors are punished with suspension or expulsion. 7. Executive power - Powers of the Congress that are executive in nature are: Appointment of its officers; Affirming treaties; Confirming presidential appointees thru the Commission on Appointments; Removal power; and etc. 8. Representation another basic function wherein the parliament or the congress has a right to speak for and on behalf of the whole nation and commit itself to the people for any legislative policy formulated and made which is made for the people own welfare. 9. Approval of Budgets and taxes wherein the congress approves the Appropriations act or the budgeted money projections of the government for the next year done once every year, this bill once becomes a law is the budget guide to be used by the agencies of the government on how much to spend and where to spend the finances collected by the government. Tax laws are made by the congress to collect the needed finances to effectively run the government machine, when and where to spend it wisely. 10. Miscellaneous powers - The other powers of Congress mandated by the Constitution are as follows: To authorize the Commission on Audit to audit fund and property; To authorize the President of the Philippines to fix tariff rates, quotas, and dues; To authorize the President of the Philippines to formulate rules and regulations in times of emergency; To reapportion legislative districts based on established constitutional standards; To implement laws on autonomy; To establish a national language commission; To implement free public secondary education; To allow small scale utilization of natural resources; To specify the limits of forest lands and national parks; To determine the ownerships and extent of ancestral domain; and To establish independent economic and planning agency. 11. Director/Supervisory power - The Congress of the Philippines exercises considerable control and supervision over the administrative branch - e.g.: To decide the creation of a department/agency/office; To define powers and duties of officers; To appropriate funds for governmental operations; To prescribe rules and procedure to be followed; and etc. The Rights and Privileges of the Congress 3

1 A Salary of more or less a fixed amount salaries are determined by law, no increase in salary shall take effect until after expiration of the full term of the members of the Congress approving the increase, and until proven otherwise the present salary of the Senate President is 240,000/annum and Speaker 240,000/annum and the members of congress 204,000/annum. They can also decrease their salary and can take immediate effect while during office while the increase in salary only takes effect after said term of the propagators of the salary increase, this is to make safe the position against being taken advantage off. Salary of the congress is also now subject to tax. 2 Privilege from arrest and Parliamentary immunity senators and representatives shall in all offences punishable by not more than 6 years imprisonment privilege from arrest while Congress is in session. And no member shall be questioned not be held liable in any other place for any speech or debate in the Congress or in any committee thereof. Note: in order for the Privilege from arrest be invoked by the members of the Congress the following requirements must be present: 1. Offense committed is punishable by not more than 6 years. So the senate/representative can enjoy immunity from arrest if the penalty is more than 6 years privilege does not exist. and 2. The Congress is in Session. The absence of any of these requirements make the member not immune to arrest the purpose of these privileges is for the members to do their jobs without obstructions. 3 Franking Privilege wherein members of the Congress can send their mail letters without affixing any revenue stamps, this is an unconstitutional privilege and only privilege granted by law and can therefore be able to stop or changed/abolished by the congress itself. Constitutional Prohibitions 1. having conflict of interests in policy and law making. 2. holding any office or employment in the government, agency, GOCC(government owned and controlled corporations), any subdivision of the government. 3. being appointed to any office, during term of office as a member of the congress 4. being appointed to any office, the emoluments thereof increased during term for which they are elected. 5. personally appearing as counsels before any court of justice, or electoral tribunals or any quasi-judicial or other administrative bodies. 6. Being indirectly or directly interested financially in government franchise 7. Being indirectly or directly interested financially in any contract with the government or its subdivisions. 8. Being indirectly or directly interested financially in any special privilege granted by the government or its subdivisions during term. 9. Intervening in any matter before any office of the Government for Pecuniary benefit. 10. Intervening where they may be called upon to act on account of their office. 11. Applying for a loan, guaranty, or other form of financial accommodation for any business purposes directly from any GOCC back or financial institution during their tenure. 12. Applying for a loan, guaranty, or other form of financial accommodation for any business purposes directly from any GOCC back or financial institution during their tenure by Members of Congress. D. Membership Requirements Senate Natural born citizen of the Philippines At least 35 years of age on the day of election Able to read and write Registered voter 4

 Resident of the Philippines for not less than 2 years immediately preceding the day of election. House of Representative Natural born citizen of the Philippines At least 25 years of age on the day of election Able to read and write Registered voter Resident of the Philippines for not less than 1 year immediately preceding the day of election E. How a Bill Becomes a Law
Preparation of the bill The Member or the Bill Drafting Division of the Reference and Research Bureau prepares and drafts the bill upon the Member's request. Filing of the Bill The prepared bill is filled with the Secretary of the House concerned, who calendars it for 1st reading.

Committee consideration / action The Committee where the bill was referred to evaluates it to determine the necessity of conducting public hearings. If the Committee finds it necessary to conduct public hearings, it schedules the time thereof, issues public notices and invites resource persons from the public and private sectors, the academe and experts on the proposed legislation. If the Committee finds that no public hearing is needed, it schedules the bill for Committee discussion/s. Based on the result 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 the corresponding committee report. The Committee approves the Committee Report and formally transmits the same to the Plenary Affairs Bureau.

First reading The bill is filed with the Bills and Index Service and the same is numbered and reproduced. Three days after its 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 refers the bill to the appropriate Committee/s.

Third reading The amendments, if any, are engrossed and printed copies of the bill are reproduced for Third Reading. The engrossed bill is included in the Calendar of Bills for Third Reading and copies of the same are distributed to all the Members three days before its Third Reading. On Third Reading, the Secretary General reads only the number and title of the bill. A roll call or nominal voting is called and a Member, if he desires, is given three minutes to explain his vote. No amendment on the bill is allowed at this stage. The bill is approved by an affirmative vote of a majority of the Members present. If the bill is disapproved, the same is transmitted to the Archives.

Second reading The Committee Report is registered and numbered by the Bills and Index Service. It is included in the Order of Business and referred to the Committee on Rules. The Committee on Rules schedules the bill for consideration on Second Reading. On Second Reading, the Secretary General reads the number, title and text of the bill and the following takes place: Period of Sponsorship and Debate Period of Amendments Voting, which may be by viva voce count by tellers division of the House nominal voting

Transmittal of the approved bill to the Senate The approved bill is transmitted to the Senate for its concurrence. Senate action on approved bill of the House The bill undergoes the same legislative process in the Senate.**

**Conference committee A Conference Committee is constituted and is composed of Members from each House of Congress to settle, reconcile or thresh out differences or disagreements on any provision of the bill. The conferees are not limited to reconciling the differences in the bill but may introduce new provisions germane to the subject matter or may report out an entirely new bill on the subject. The Conference Committee prepares a report to be signed by all the conferees and the Chairman. The Conference Committee Report is submitted for consideration/approval of both Houses. No amendment is allowed.

Transmittal of the bill to the President Copies of the bill, signed by the Senate President and the Speaker of the House of Representatives and certified by both the Secretary of the Senate and the Secretary General of the House, are transmitted to the President.

Action on approved bill The bill is reproduced and copies are sent to the Official Gazette Office for publication and distribution to the implementing agencies. It is then included in the annual compilation of Acts and Resolutions.

Presidential action on the bill If the bill is approved the President, the same is assigned an RA number and transmitted to the House where it originated. If no action has taken place within 30 days (no veto or signing) the bill automatically becomes a law. But if it is Vetoed Action on vetoed bill The message is included in the Order of Business. If the Congress decides to override the veto, the House and the Senate shall proceed separately to reconsider the bill or the vetoed items of the bill. If the bill or its vetoed items is passed by a vote of two-thirds of the Members of each House, such bill or items shall become a law.

II. THE EXECUTIVE BRANCH In political science and constitutional law, the executive is the branch of government responsible for the day-to-day management of the state. In many countries, it is referred to simply as the government, but this usage can be confusing in an international context. The executive branch contains the head of government, who is the head of this branch. Under the doctrine of the separation of powers, the executive is not supposed to make laws (role of the legislature), nor to interpret them (role of the judiciary): in practice, this separation is rarely absolute. The executive is identified by the Head of Government. In a presidential system, this person (the President) may also be the Head of State, whereas in a parliamentary system he or she is usually the leader of the largest party in the legislature and is most commonly termed the Prime Minister (Taoiseach in the Republic of Ireland, (Federal) Chancellor in Germany and Austria). In France, executive power is shared between the President and the Prime Minister and this system has been reproduced in a number of former French colonies, while Switzerland and Bosnia and Herzegovina likewise have collegiate systems for the role of Head of State and Government. The Head of Government is assisted by a number of ministers, who usually have responsibilities for particular areas (e.g. health, education, foreign affairs), and by a large number of government employees or civil servants. History of Philippine Presidency in Brief The Philippines has had a total of fourteen presidents. Despite the differences in constitutions and government, the line of presidents is considered to be continuous. For instance, the current president, Gloria Macapagal-Arroyo, is considered the 14th president. While the Philippines consider 6

Emilio Aguinaldo to be the first president, the First Republic fell under the United States following the Philippine-American War. Manuel L. Quezon is considered to be the first president by the United States and the first to win an election. The Philippines had two presidents at one point during World War II heading two governments. One was Quezon heading the Commonwealth government-in-exile (considered de jure) and the other was J. P. Laurel heading the Japanese-sponsored republic (considered de facto). Laurel was instructed to remain in Manila by President Manuel Quezon. Laurel was not recognized as a Philippine president formally until the Macapagal administration. The recognition coincided with the movement of the Philippine Independence Day from July 4 to June 12. However, it must be borne in mind that in the roster of presidents, it is inaccurate to consider Laurel the successor of Osmea or vice versa; Laurel's republic was formally rejected after World War II and none of its statutes or actions were considered legal or binding. The inclusion of Laurel causes some problems in determining the order of presidents. Quezon, Osmea, and Roxas, for example, were three of a continuous constitutional line; Laurel was the first and only President of the Second Republic. Thus, Laurel has no predecessor and successor, while Osmea was Quezon's successor and Roxas was Osmea's successor. A. Role and Functions of the Executive The exact ROLE of the executive depends on the constitution of the country. Not all of the following functions need be exercised by the central executive, particularly in federal countries: they may instead be exercised by local government A good analogy is the owner - architect - contractor relationship. The Legislative branch acts as the architect to draw up the plans and specifications according to the wishes of the people who elected them (the owners), and exercises oversight to make sure the Executive Branch acts by its authority with its advice and consent. The Executive branch executes the instructions given it by the Legislature, but has no power to act on its own without instructions, because that would put it in the position of acting legislatively. The Laws issued by the Legislature must be complied with exactly. It is the Presidents job to Preserve, protect and defend them while executing them faithfully and it's the Judiciary's job to act as competent administrators to see that all parties are in compliance with the Constitution. Functions of the Executive The main function of the Executive Branch is to do what it is instructed to do by Legislation produced by the Legislative Branch: the Executive Branch collects taxes and customs duties as instructed by the Legislative Branch and uses the money appropriated by the Legislative Branch to pay the salaries of government employees and for other government expenditure. As instructed by the Legislative Branch, it assures the internal and external security of the state by maintaining a police force and armed forces when instructed to do so by the Legislative Branch according to its rules. The Executive Branch acting by and with the advice and consent of the Legislative Branch is also responsible for executing the regulating legislation drafted by the Legislative Branch to guide the many sectors of the economy, notably the Military the labor force (e.g. by enforcing labor laws) agriculture transportation energy provision housing and construction (e.g. by issuing building permits)

commerce in general (e.g. by enforcing minimum standards, and notably by issuing a currency) The Executive Branch may provide health and education services: regulating these areas as instructed by the Legislative Branch and operate nationalized industries, and promote research and culture.

B. Executive Branch Structure and Composition The Executive branch of the Philippines is divided into the National government which is composed of the President, the Vice President, and the Cabinet, composed of the Cabinet Secretaries. And the Local Government Unit composed of Administrative/Political Divisions and headed by the following: Province : Governor, Vice Governor, Provincial Counselors City/Municipality: Mayor, Vice-Mayor, City/Municipality Counselors Barangay: Barangay Captain, Vice Captain, Kagawad. Note: The Vice President of the Philippines is the second highest executive official of the Philippine government. The Vice President of the Philippines is locally termed as Ang Pangalawang Pangulo or Pangalawang Pangulo (or Bise Presidente informally), for example Ang Pangalawang Pangulong Noli L. De Castro. The Vice President is the first in the presidential line of succession. The Vice President also becomes the new President upon the death, resignation, or removal by impeachment and subsequent conviction of the President. The position was temporarily abolished by martial law in 1972, and was restored by amendments to the 1973 Constitution in time for the national "snap" elections of 1986. The subsequent, and present, 1987 Constitution retained the position. The office of the Vice President is located in the Philippine International Convention Center in Pasay City, Metro Manila. Unlike the position of Vice-President in the United States, the Vice-President of the Philippines has no official responsibility other than those given by the incumbent President of the Philippines. The traditions governing the position of Vice-President date back to the Philippine Commonwealth, and the first Vice-President, Sergio Osmena, while there was a similarly-named position in governments prior to the First Philippine Republic, the position did not exist under what is considered the first official national government set up in 1898. The tradition is for the Vice-President to be given the highest-ranking cabinet portfolio, thus the Vice-President is appointed as a Member of the Cabinet and such appointment requires no confirmation. The Executive Department of the Philippines Also known as the "Cabinet" is the largest component of the national executive branch of the government of the Philippines. There are a total of nineteen executive departments. The departments comprise the largest part of the country's bureaucracy. The Cabinet secretaries are tasked to advise the President on the different affairs of the state like agriculture, budget, finance, education, social welfare, national defense, foreign affairs and etc. They are nominated by the President and then presented to the Commission on Appointments, a body of the Congress of the Philippines that confirms all appointments made by the head of state, for confirmation or rejection. If the presidential appointees are approved, they are sworn into office, receive the title "Secretary," and begin to function their duties.
Department Department of Agrarian Reform Kagawaran ng Repormang Pansakahan Department of Agriculture Kagawaran ng Pagsasaka Department of Budget and Management Kagawaran ng Pagbabadyet at Pamamahala Acronym Established September 10, DAR 1971 DA DBM June 23, 1898 April 25, 1936 Secretary Nasser C. Pangandaman Arthur C. Yap Rolando G. Andaya, Jr.

Department of Education Kagawaran ng Edukasyon Department of Energy Kagawaran ng Enerhiya Department of Environment and Natural Resources Kagawaran ng Kapaligiran at Likas na Kayamanan Department of Finance Kagawaran ng Pananalapi Department of Foreign Affairs Kagawaran ng Ugnayang Panlabas Department of Health Kagawaran ng Kalusugan Department of the Interior and Local Government Kagawaran ng Interyor at Pamahalaang Lokal Department of Justice Kagawaran ng Katarungan Department of Labor and Employment Kagawaran ng Paggawa at Empleyo Department of National Defense Kagawaran ng Tanggulang Pambansa Department of Public Works and Highways Kagawaran ng Pagawaing Bayan at Lansangan Department of Science and Technology Kagawaran ng Agham at Teknolohiya Department of Social Welfare and Development Kagawaran ng Kagalingang Panlipunan at Pagpapaunlad Department of Tourism Kagawaran ng Turismo Department of Trade and Industry Kagawaran ng Kalakalan at Industriya Department of Transportation and Communications Kagawaran ng Transportasyon at Komunikasyon

DepEd DOE DENR

January 21, 1901 Jesli A. Lapus December 9, 1992 Angelo T. Reyes January 1, 1917 Jose L. Atienza, Jr.

DOF DFA DOH DILG DOJ DOLE DND DPWH DOST DSWD DOT DTI DOTC

March 17, 1897 June 23, 1898 June 23, 1898 March 22, 1897 September 26, 1898

Margarito B. Teves Alberto G. Romulo Francisco T. Duque III Ronaldo V. Puno Raul M. Gonzalez

December 8, 1933 Arturo D. Brion December 21, 1935 January 30, 1987 Gilberto C. Teodoro, Jr. Hermogenes E. Ebdane, Jr.

January 30, 1987 Estrella F. Alabastro January 30, 1987 Esperanza I. Cabral May 11, 1973 June 23, 1898 July 23, 1979 Joseph H. Durano Peter B. Favila Leandro R. Mendoza

NOTE: Cabinet-level administration offices - Seven positions have cabinet-level rank, but are not Secretaries of Executive Departments, meaning those people are permitted to attend Cabinet meetings for special purposes. They are the following:
Office Office of the Vice President Tanggapan ng Pangalawang Pangulo Office of the Executive Secretary Tanggapan ng Kalihim ng Tagapagpaganap Presidential Management Staff Pamunuan ng Pampanguluhang Pamamahala Office of the Presidential Chief of Staff Tanggapan ng Pampanguluhang Pamamahala Office of the Press Secretary Tanggapan ng Kalihim ng Pamamahayag National Economic and Development Authority Pambansang Pangasiwaan sa Kabuhayan at Pagpapaunlad Office of the Cabinet Secretary Tanggapan ng Kalihim ng Gabinete Acronym Established March 22, OVP 1897 OES PMS PCS OPS NEDA OCS July 22, 1987 July 29, 1976 July 29, 1970 Incumbent Manuel "Noli" L. De Castro Eduardo R. Ermita Cerge M. Remonde Vacant Ignacio R. Bunye Augusto B. Santos (OFFICER-IN-CHARGE) Ricardo L. Saludo

National Anti-Poverty Commission Pambansang Komisyon Laban sa Kahirapan National Youth Commission Pambansang Komisyon sa Kabataan

NAPC

June 30, 1998 Domingo F. Panganiban

C. Qualifications of the Executive President Natural born citizen of the Philippines At least 40 years of age on the day of election Able to read and write Registered voter Resident of the Philippines for not less than 10 years immediately preceding the day of election. Vice President Natural born citizen of the Philippines At least 40 years of age on the day of election Able to read and write Registered voter Resident of the Philippines for not less than 10 years immediately preceding the day of election. D. Powers, Functions, Privileges Presidential Powers and Functions The Executive as a Ceremonial and Symbolic Chief of State public duties which are symbolic in function and makes him/her a unifying force for the country As Chief Administrator supervises the a vast network of administrative functions and agencies of the national and local level, and sees that the governments day to day activities are with dispatch and carried out effectively for good government. As Commander in Chief of the Armed Forces which practices the Constitutional provision of a civilian authority is forever supreme over military. Makes the President the supreme commander of the Army of the State in times of Peace and War. As Commander-in-Chief, the President can may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he or she may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. As Dispenser of Justice may grant reprieves - suspension of death sentence, commutations reduction of death penalty to life imprisonment, amnesty - granted to political offenders who violate public or political laws and can be granted before or during conviction, and pardons granting freedom to a convicted felon, and remit fines and forfeitures, after conviction by final judgment, except when the President is under impeachment Legislative Powers to approve or not to approve/veto a law passed by congress, SONA or the deliverance of the State of Nation Address in Congresss opening Session, the President uses patronage, and public opinion to recommend possible problems/topics for bills as a way to help the legislative process Diplomatic Power/Functions of Executive Foreign Relations The President is the architect of the countrys foreign policies and its up to her/him to direct these policies to best serve the nations interest. The negotiations of treaties and other such foreign activities or relations falls under the President and the DFA, and also the appointment of ambassadors, consuls and other members of the diplomatic corps. The president may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the prior concurrence of the Monetary Board, and subject to such limitations as may be provided by law. The president exercises general supervision over local government units. 10

The president appoints, with consent of the Commission on Appointments, members of the Constitutional Commission, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in the President in 1987 Constitution. The members of the Supreme Court are appointed by the president, based on a list prepared by the Judicial and Bar Council. These appointments do not need the consent of the Commission on Appointments. Director of the attainment of the Nations economic interests. Leader of his/her Political Party which is not always applicable here in the Philippines.

Presidential Privileges Official Residence, the Malacanang, and maintained and furnished by the use of public funds, which is enjoyed by the President and Family Salary of the President and the Vice President receives a high annual salary (300,000) as determined by law and cannot be decreased or increased during their tenure of office. The President is immune from suit during his tenure of office but can be removed only from office by means of impeachment. The immunity from suit, makes no court, quasijudicial, tribunal or even administrative body can make him/her appear as witness or as a party in any case, but he/she can be a complainant. The continuity of his/her tenure of office (4 years) cannot be disturbed unless otherwise impeached. Enjoys franking privilege E. The Importance of the Executive Succession The Term Executive Succession implies the succession of the Vice-President to the position of President in cases of the following: The President Elected was unqualified for the position and the Vice-President elect will serve until such a time the President elect is qualified (age requirement) If the President was not chosen, the Vice President elect will be president until one is chosen and qualified President has died or deemed permanently disabled and thus cannot do his/her duties to the state, the Vice President will replace him in office, and become President. The President has resigned/abandonment of position then the Vice President will become President. If the President, and Vice President is dead, permanently disabled, unqualified or not chosen, the President of the Senate or in case of Inability the Speaker of the House will be acting president until a qualified President and Vice President is voted upon by SNAP elections( wherein the two houses of the Congress will convene within the 7 days of no President and VP. And enact a law calling for special elections which becomes a law within the 3rd reading. No SNAP elections can be called if the vacancy of the executive happens within 18 months of the next presidential elections. Or summarized as follows: At the start of the term In case the president-elect fails to qualify, the Vice-President-elect shall act as President until the President-elect shall have qualified. If at the beginning of the term of the President, the President-elect shall have died or shall have become permanently disabled, the Vice President-elect shall become President. Where no President and Vice-President shall have been chosen or shall have qualified, or where both shall have died or become permanently disabled, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives, shall act as President until a President or a Vice-President shall have been chosen and qualified. During the term 11

In case of death, permanent disability, removal from office, or resignation of the President, the VicePresident will become the President to serve the unexpired term. In case of death, permanent disability, removal from office, or resignation of both the President and Vice-President, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives, shall then act as President until the President or Vice-President shall have been elected and qualified. The Congress shall, by law, provide who shall serve as President in case of death, permanent disability, or resignation of the Acting President. He shall serve until the President or the VicePresident shall have been elected and qualified, and be subject to the same restrictions of powers and disqualifications as the Acting President. The line of presidential succession as specified by the 1987 Constitution are the Vice-President, Senate President and the Speaker of the House of Representatives. NOTE: Whenever the VP (Vice President) position is vacant (reasons: death. Disability and incapability) the president shall nominate a vice president among the congress members and voted upon my majority vote by both houses. NOTE: Succession in case of the incapacitation or death of the President of the Philippines has occurred thrice: first, with Sergio Osmena's assumption of the presidency in 1944; then Elpidio Quirino's succession in 1948; and finally, Carlos P. Garcia's assumption of the presidency in 1957. A Vice-President has become President by virtue of resignation (or abandonment of office, depending on the argument used) once: Gloria Macapagal-Arroyo in 2001. NOTE: The public must be informed of the Presidents state of health whenever he/she becomes ill with a serious malady, and the VP and the Members of the Cabinet shall not be denied access to the President. III. THE JUDICIARY BRANCH In the law, the judiciary or judicial system is the system of courts which administer justice in the name of the sovereign or state, a mechanism for the resolution of disputes. The term is also used to refer collectively to the judges, magistrates and other adjudicators who form the core of a judiciary, as well as the support personnel who keep the system running smoothly. Under the doctrine of the separation of powers, the judiciary is the branch of government primarily responsible for interpreting the law. In COMMON LAW jurisdictions, case law is created by the courts' interpretations as a result of the principle of stare decisis; In CIVIL LAW jurisdictions, courts interpret the law, but are, at least in theory, prohibited from creating law, and thus, still in theory, do not issue rulings more general than the actual case to be judged; in practice, jurisprudence plays the same role as case law; In SOCIALIST LAW, the primary responsibility for interpreting the law belongs to the legislature. NOTE: This difference can be seen by comparing India, United States, France and the People's Republic of China: In Indian democracy, courts have the final say until the constitution itself is amended although a supreme court judgement in 1970's ruled that Parliament doesn't have the authority to change the basic structure of Indian constitution. In the United States government, the Supreme Court is the final authority on the interpretation of the federal Constitution and all statutes and regulations created pursuant to it; In France, the final authority on the interpretation of the law is the Conseil d'tat for administrative cases, and the Court of Cassation for civil and criminal cases; and in the China, the final authority on the interpretation of the law is the National People's Congress. Other countries such as Argentina have mixed systems that include lower courts, appeals courts, a cassation court (for criminal law) and a Supreme Court. In this system the Supreme Court is always the final authority but criminal cases have four stages, one more than civil law. Philippine Judiciary System a Brief History Pre-Hispanic and Hispanic periods

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In the years prior to the official establishment of the Supreme Court, institutions exercising judicial power were already in existence. Before the Spaniards came, judicial authority in its primitive form was in the hands of barangay chiefs. During the early years of the Spanish regime, these powers were vested upon Miguel Lpez de Legazpi, the first governor-general of the Philippines. He administered civil and criminal justice under the Royal Order of August 14, 1569. The present Supreme Court was preceded by the Royal Audiencia, a collegial body established on May 5, 1583 and composed, of a president, four oidores (justices), and a fiscal, among others. It was the highest tribunal in the Philippines, below only the Consejo de Indias of Spain. However, this body also exercised administrative functions, not just judicial functions. The Audiencias functions and structure underwent substantial modifications in 1815 when its president was replaced by a chief justice and the number of justices was increased. It then came to be known as the Audiencia Territorial de Manila with two branches, civil and criminal, later renamed sala de lo civil and sala de lo criminal. The Audiencia was converted to a purely judicial body by a Royal Decree issued on July 4, 1861, but its decisions were appealable to the Supreme Court of Spain sitting in Madrid. On February 26, 1886, a territorial Audiencia was organized in Cebu, followed by an Audiencia for criminal cases in Vigan. However, the pre-eminence of the Supreme Court as the sole interpreter of the law was unknown during the Spanish regime American period The Supreme Court of the Philippines was officially established on June 11, 1901 through the passage of Act No. 136, otherwise known as the Judiciary Law of the Second Philippine Commission. By virtue of that law, judicial power in the Philippine Islands was vested in the Supreme Court, Courts of First Instance and Justice of the Peace courts. Other courts were subsequently established. The judicial structure introduced by Act No. 136 was reaffirmed by the US Congress with the passage of the Philippine Bill of 1902. The Administrative Code of 1917 ordained the Supreme Court as the highest tribunal with nine members: a chief justice and eight associate justices. From 1901 to 1935, although a Filipino was always appointed chief justice, the majority of the members of the Supreme Court were Americans. Complete Filipinization was achieved only with the establishment of the Commonwealth of the Philippines in 1935. Claro M. Recto and Jose P. Laurel were among the first appointees to replace the American justices. With the ratification of the 1935 Constitution in a plebiscite held on May 14, 1935, the membership in the Supreme Court increased to 11: a chief justice and ten associate justices, who sat en banc or in two divisions of five members each. An independent Philippines Under the 1973 Constitution, the membership of the Supreme Court was increased to 15. The justices sat en banc or in divisions. The 1973 Constitution also vested in the Supreme Court administrative supervision over all lower courts which heretofore was under the Department of Justice. After the overthrow of President Ferdinand Marcos in 1986, President Corazon C. Aquino, using her emergency powers, promulgated a transitory charter known as the Freedom Constitution which did not affect the composition and powers of the Supreme Court. The Freedom Charter was replaced by the 1987 Constitution which is the fundamental charter in force in the Philippines at present. Section 1 Article VIII of the Constitution vests the judicial power in one Supreme Court and in such lower courts as may be established by law. 2007 fire On January 16, 2007 (3:52 p.m. to 4:40 p.m.), the court logo was halved by a 2nd alarm fire at the new building along Padre Faura, Ermita, Manila. It was caused by an electrical malfunction and short circuit. A spark ignited a flame that burned the ceiling, walls and curtains of the 2nd floor session hall. 13

Chief Justice Reynato Puno stated that: "I was in a meeting in the en banc conference room when I saw smoke coming out from the flooring. Immediately we went out of the room and thats when the alarm went off." Midas Marquez of the court information office confirmed: "This is the first time that the high court's session hall had caught fire. A few years back, the Department of Justice (DoJ) had also caught fire, and was prevented from spreading to the Supreme Court". A. Powers and Functions of Judicial Branch The Powers of the Judiciary(Supreme Court) Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus. Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts in: (a) All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question. (b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto. (c) All cases in which the jurisdiction of any lower court is in issue. (d) All criminal cases in which the penalty imposed is reclusion perpetua or higher. (e) All cases in which only an error or question of law is involved. Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignment shall not exceed six months without the consent of the judge concerned. Order a change of venue or place of trial to avoid a miscarriage of justice. Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the integrated bar, and legal assistance to the under-privileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court. Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.

The Functions of the Judiciary(Supreme Court) The powers of the Supreme Court are defined in Article VIII of the 1987 Constitution. These functions may be generally divided into two JUDICIAL FUNCTIONS AND ADMINISTRATIVE FUNCTIONS. And can be defined as follows: The administrative functions of the Court pertain to the supervision and control over the Philippine judiciary and its employees, as well as over members of the Philippine bar. Pursuant to these functions, the Court is empowered to order a change of venue of trial in order to avoid a miscarriage of justice and to appoint all officials and employees of the judiciary. The Court is further authorized to promulgate the rules for admission to the practice of law, for legal assistance to the underprivileged, and the procedural rules to be observed in all courts. The more prominent role of the Court lies in the exercise of its judicial functions. Section 1 of Article VIII contains definition of judicial power that had not been found in previous constitutions. The provision states in part that: Judicial power includes the duty of courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government.

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**The definition reaffirms the power of the Supreme Court to engage in judicial review, a power that had traditionally belonged to the Court even before this provision was enacted. Still, this new provision effectively dissuades from the easy resort to the political question doctrine as a means of declining to review a law or state action, as was often done by the Court during the rule of President Ferdinand Marcos As a result, the existence of grave abuse of discretion on the part of any branch or instrumentality of the government is sufficient basis to nullify state action. Definition of Terms: Certiorari is a writ issued by the Supreme Court and directed to a court or a tribunal of inferior jurisdiction commanding the latter to certify and return to the former in a particular case, it has the power to review proceeding of lower courts but also proceedings of inferior officers, boards, tribunals and judicial or even quasi-judicial functions. The terms of reviewing a casemuch as the term is applied todayalthough the term was also used in writing to indicate the need or duty to inform other parties of a court's ruling. A corrective remedy to reexamine the action of an inferior court, and is addressed to the proceedings of the court Writ of Prohibition is an official legal document drafted and issued by a supreme court or superior court to a judge presiding over a suit in an inferior court. The writ of prohibition mandates the inferior court to cease any action over the case because it may not fall within that inferior court's jurisdiction. The document is also issued at times when it is deemed that an inferior court is acting outside the normal rules and procedures in the examination of a case. In another instance, the document is issued at times when an inferior court is deemed headed towards defeating a legal right. A preventive action or remedy issued to restrain future actions and is directed to the court itself Writ of Mandamus - is the name of one of the prerogative writs in the common law, and is issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly. Mandamus is a judicial remedy which is in the form of an order from a superior court to any government, subordinate court, corporation or public authority to do or forbear from doing some specific act which that body is obliged under law to do or refrain from doing, as the case may be, and which is in the nature of public duty and in certain cases of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision. Mandamus can be supplemented by the statement that it is not only the command to do but also a command not to do a particular thing against the rights of the petitioner. Mandamus is supplemented by legal rights. It must be a judicially enforceable and legally protected right before one suffering a legal grievance can ask for a mandamus. A person can be said to be aggrieved only when he is denied a legal right by someone who has a legal duty to do something and abstains from doing it. It is employed to compel performance of an act and a remedy for an official inaction. Quo Warranto - is one of the prerogative writs, that requires the person to whom it is directed to show what authority he has for exercising some right or power (or "franchise") he claims to hold. Action by the government against individuals, who hold titles or offices not legally theirs or an offense against the law, and the court asks these persons to show proof of franchise or requirement of how they acquired the office. Note: Quo Warranto had its origins in an attempt by King Edward I of England to investigate and recover royal lands, rights, and franchises in England, in particular those lost during the reign of his father, King Henry III of England. From 1278 to 1294, Edward dispatched justices throughout England to inquire by what warrant English lords held their lands and exercised their jurisdictions (often the right to hold a court and collect its profits). Initially, the justices demanded written proof in the form of charters, but resistance and the unrecorded nature of many grants forced Edward to accept those rights peacefully exercised since 1189. Later, Quo Warranto functioned as a court order (or "writ") to show proof of authority; for example, demanding that someone acting as the sheriff prove that the king had actually appointed him to that office (literally, "By whose warrant are you the sheriff?"). Writ of Habeas Corpus literally meaning find the body is the name of a legal action, or writ, through which a person can seek relief from unlawful detention of themselves or another person. The writ of habeas corpus has historically been an important instrument for the safeguarding of individual freedom against arbitrary state action. Also known as "The Great

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Writ," a writ of habeas corpus ad subjiciendum is a summons with the force of a court order addressed to the custodian (such as a prison official) demanding that a prisoner be brought before the court, together with proof of authority, so that the court can determine whether that custodian has lawful authority to hold that person, or, if not, the person should be released from custody. The prisoner, or some other person on his behalf (for example, where the prisoner is being held incommunicado), may petition the court or an individual judge for a writ of habeas corpus. NOTE: The right of habeas corpusor rather, the right to petition for the writhas long been celebrated as the most efficient safeguard of the liberty of the subject. Albert Venn Dicey wrote that the Habeas Corpus Acts "declare no principle and define no rights, but they are for practical purposes worth a hundred constitutional articles guaranteeing individual liberty." In most countries, however, the procedure of habeas corpus can be suspended in time of national emergency. In most civil law jurisdictions, comparable provisions exist, but they may not be called "habeas corpus." B. Structure and Framework of the Philippine Courts

supreme court (SC) a review court

COA, COMELEC NLRC

Court of Appeals (CA) a review court sandigang Bayan Regional trial courts (RTC) Trial Courts

CSC CTA QuasiJudicial Agencies

Metropolitan Trial Courts (MetroTC) -inside Manila Municipal Trial Courts (MTC) outside Manila Municipal Circuit Trial Court (MCTC) covers 2 or more municipalities

C. Qualifications of the Judiciary No person shall be appointed Member of the Supreme Court or any lower collegiate court unless he is a natural-born citizen of the Philippines. A Member of the Supreme Court must be at least forty years of age, and must have been for fifteen years or more, a judge of a lower court or engaged in the practice of law in the Philippines.

IV. BUREACRACY Bureaucracy is a type of organization designed to accomplish large scale administration tasks by systematically coordinating the work of many individuals.-Peter M. Blau. It is a specific form of social organization for administrative purposes.

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 According to Marshall E. Dimock: Bureaucracy is reflected in certain specific forms of organizational behavior: hierarchy, subdivision, specialization, fixed ways of doing things, and professionalization. It is connected to the executive branch of the governments day to day administration of its machine. Max Weber was the first scholar to describe and characterize and analyze the role of bureaucracy in both industry and politics. Bureaucracy is the structure and set of regulations in place to control activity, usually in large organizations and government. It is characterized by standardized procedure (rulefollowing), formal division of responsibility, hierarchy, and impersonal relationships. In practice the interpretation and execution of policy can lead to informal influence. Bureaucracy" stems from the word "bureau", used from the early 18th century in Western Europe not just to refer to a writing desk, but to an office, i.e., a workplace, where officials worked. The original French meaning of the word bureau was the baize used to cover desks. The term bureaucracy came into use shortly before the French Revolution of 1789, and from there rapidly spread to other countries. The Greek suffix - kratia or kratos - means "power" or "rule." A Brief History of Bureaucracy Bureaucracies arise in all large states because they are the "middle men": the government makes decisions which affect the people, but it is the bureaucrats who implement those decisions. Perhaps the early example of a bureaucrat is the scribe, who first arose as a professional in the early cities of Sumer. The Sumerian script was so complicated that it required specialists who had trained for their entire lives in the discipline of writing to manipulate it. These scribes could wield significant power, as they had a total monopoly on the keeping of records and creation of inscriptions on monuments to kings. In later, larger empires like Achaemenid Persia, bureaucracies quickly expanded as government expanded and increased its functions. In the Persian Empire, the central government was divided into administrative provinces led by satraps. The satraps were appointed by the Great King to control the provinces. In addition, a general and a royal secretary were stationed in each province to supervise troop recruitment and keep records, respectively. The Achaemenid Great Kings also sent royal inspectors to tour the empire and report on local conditions. The most modernesque of all ancient bureaucracies, however, was the Chinese bureaucracy. During the chaos of the Spring and Autumn Period and the Warring States, Confucius recognized the need for a stable system of administrators to lend good governance even when the leaders were inept. Chinese bureaucracy, first implement during the Qin dynasty but under more Confucian lines under the Han, calls for the appointment of bureaucratic positions based on merit via a system of examinations. Although the power of the Chinese bureaucrats waxed and waned throughout China's long history, the imperial examination system lasted as late as 1905, and modern China still employs a formidable bureaucracy in its daily workings. Modern bureaucracies arose as the government of states grew larger during the modern period, and especially following the Industrial Revolution. Tax collectors, perhaps the most reviled of all bureaucrats, became increasingly necessary as states began to take in more and more revenue, while the role of administrators increased as the functions of government multiplied. Along with this expansion, though, came the recognition of the corruption and nepotism often inherent within the managerial system, leading to civil service reform on a large scale in many countries towards the end of the 19th century. In the modern welfare state, bureaucracy has become ever larger as government becomes an ever more significant player in people's daily lives. In some areas of the United States, for example, the federal government is in fact the dominant employer. This leads some to argue that modern

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bureaucracies are too unwieldy and that more of their functions should be returned to the private sector. A. Max Webers Elements of Bureaucracy Large and Complex organization as measured by the number of people employed Majority of those employed were performing semi-skilled and unskilled tasks/work Relatively simple mass production technology applied Relatively simple product produced. B. Max Webers Bureaucratic Characteristics 1. 2. 3. 4. 5. 6. 7. Positions in the office is clearly defined. Hierarchal arrangement of authority, rights and obligations are specifically given/drawn. Personnel are selected on basis of technical or professional qualifications There are defined rules governing official behavior Security of tenure and the pursuit of a career with promotion in the hierarchy assured. Division of labor Centralization of authority

Note: Bureaucracy is difficult to change, and is non adaptive to change so change is slow to take effect, which is why it is sometimes called red tape or put in derogatory or negative terms of how the government machine works. C. The Philippine Bureaucratic Behavior 1. Conformity to Politics which has a negative effect in the day to day activities of the government. 2. Preference towards continuity and routinization a negative attitude towards change 3. Loss of Self Direction and Self-assertion due to too much collective decision making and the concepts of utang na loob at hiya the people self decision making, assertions, sharing of ideas, self- initiative is stifled due to controlling atmosphere. 4. Politically Supportive the status orientation of the people in office affect their loyalties and work performance. V. LOCAL GOVERNMENT UNITS The territorial and political subdivisions of the Republic of the Philippines are the following: provinces, cities, municipalities, and barangays. There shall be autonomous regions in Muslim Mindanao and the Cordilleras as hereinafter provided. A. Powers and Functions (According to the Constitution) The territorial and political subdivisions shall enjoy local autonomy. The Congress shall enact a local government code which shall provide for a more responsive and accountable local government structure instituted through a system of decentralization with effective mechanisms of recall, initiative, and referendum, allocate among the different local government units their powers, responsibilities, and resources, and provide for the qualifications, election, appointment and removal, term, salaries, powers and functions and duties of local officials, and all other matters relating to the organization and operation of the local units. The President of the Philippines shall exercise general supervision over local governments. Provinces with respect to component cities and municipalities, and cities and municipalities with respect to 18

component barangays, shall ensure that the acts of their component units are within the scope of their prescribed powers and functions. Each local government unit shall have the power to create its own sources of revenues and to levy taxes, fees and charges subject to such guidelines and limitations as the Congress may provide, consistent with the basic policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively to the local governments. Local government units shall have a just share, as determined by law, in the national taxes which shall be automatically released to them. Local governments shall be entitled to an equitable share in the proceeds of the utilization and development of the national wealth within their respective areas, in the manner provided by law, including sharing the same with the inhabitants by way of direct benefits. The term of office of elective local officials, except barangay officials, which shall be determined by law, shall be three years and no such official shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. Legislative bodies of local governments shall have sectoral representation as may be prescribed by law. No province, city, municipality, or barangay may be created, divided, merged, abolished, or its boundary substantially altered, except in accordance with the criteria established in the local government code and subject to approval by a majority of the votes cast in a plebiscite in the political units directly affected. The Congress may, by law, create special metropolitan political subdivisions, subject to a plebiscite as set forth in Section 10 hereof. The component cities and municipalities shall retain their basic autonomy and shall be entitled to their own local executive and legislative assemblies. The jurisdiction of the metropolitan authority that will thereby be created shall be limited to basic services requiring coordination. Cities that are highly urbanized, as determined by law, and component cities whose charters prohibit their voters from voting for provincial elective officials, shall be independent of the province. The voters of component cities within a province, whose charters contain no such prohibition, shall not be deprived of their right to vote for elective provincial officials. Local government units may group themselves, consolidate or coordinate their efforts, services, and resources for purposes commonly beneficial to them in accordance with law. The President shall provide for regional development councils or other similar bodies composed of local government officials, regional heads of departments and other government offices, and representatives from non-governmental organizations within the regions for purposes of administrative decentralization to strengthen the autonomy of the units therein and to accelerate the economic and social growth and development of the units in the region.

VI. DECENTRALIZATION, DECONCENTRATION, DEVOLUTION, AND DEBUREAUCRATIZATION DECENTRALIZATION an overall political process of dispersing political decision making from the national government and its agencies to the local government units, local field agencies, GOCCs and other such government subdivisions, to facilitate a more personalized and localized approach in rendering the services of the government at the most basic roots of polito-society the people. - it is wherein the local government units, local field offices and etc. can make the necessary decisions and actions which will be swifter in giving aid to the community rather than consulting the National Government to solve a problem that can be solved locally. It may be further classified into Devolution, Deconcentration and Debureaucratization.

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DEVOLUTION - is the statutory granting of powers from the central government of a state to the LGUs, as specified by the Local Government Code 1991, wherein it may refer to financial, political and administrative functions. It also has to do with the devolvement of some of the powers of the government to the LGU, one of the powers is adapting a national law at the local level by reinforcing said law with an ordinance or even a program initiated by the local government, ex: Clean and Green Act was reinforced by the following programs: Clean and Green City Las Pinas, Tapat mo Linis mo Paranaque, and etc. #2 the BIR before collects all taxes now even the LGU can have taxes of their own just under their jurisdiction. DECONCENTRATION is the imparting or sharing of powers of the national government agencies and department to their local agencies or counterparts to easily facilitate the rendering of that departments services to a more local and personal level ex: During the 1960s people had to go to the central office of SSS to apply for loans and other services now in the present with the Localized branches of SSS in every city we can easily apply for SSS services without going to the central office. #2 Instead of paying Taxes to BIR head office we can go to the LGU of the BIR in every city/municipal/provincial hall to pay our taxes. DEBUREAUCRATIZATION - has to do with the Civil Service Commission, and other Executive Departments and Agencies, wherein the powers of the National offices in terms of administrative purposes or how they run the government machinery, if before the local branches of these departments have to wait for the decision from the national offices they can now decide for their own field offices by just basing decisions in the outline directives and mission and vision of said organization ex: The CSC before was the only hiring or Human Resource Department of the Government , now several local offices and GOCC can hire people to work in the government and one of them is DBP (Development Bank of the Philippines)

Sources: Kay Lawson Human Polity Hector S. De Leons Constitution and Government Agnes Riveras Constitution and Government Florentino Aysons Fundamentals of Political Science

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