Beruflich Dokumente
Kultur Dokumente
voting rights for people 18 years old or older. There are also judicial, executive and congressional
branches of governance.
Certain freedoms are afforded to the Filipino people, such as the right to be safe and secure in their
persons, as noted in Article III, Section 2 of its Bill of Rights. Other freedoms secured are due process of
law, freedom of speech and private property rights. The constitution also states that civilian authority
overrides the military in all functions. The role of the armed forces is to be a protector of the Filipino
people and the state.
The current Philippine Constitution, ratified in a plebiscite in 1987, defines the Philippines' national
territory thus:
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. The waters around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form part of the internal waters of the
Philippines.
Constitutional history
The Philippines had long been used as a trading port in Asia, and this led to their colonization by the
Spanish and later by the Americans. The Spanish converted most of the population to Catholicism
and the religion remains the dominant one in the country. During the later part of more than 300
years of Spanish rule, nationalist sentiment began to grow among groups of Indios (which was how
the Spanish referred to the Filipinos), fuelled in large measure by the writings of national hero Jose
Rizal (later executed by the Spanish authorities) and other ilustrados (the Filipino intellegensia). A
revolution was launched against Spain and the revolutionaries declared Philippine independence in
Kawit, Cavite on June 12, 1898. What became known as the Malolos Congress was convened on
September 15, 1898 and the first Philippine Constitution, called the Malolos Constitution, was
approved on January 20, 1899, ushering what is called the First Philippine Republic. In the SpanishAmerican War of 1898, the revolutionaries sided with the Americans, hoping that, with the defeat of
Spain, independence would be granted by the US to the Philippines. This, however, did not happen.
After Spain ceded (or sold) the islands to the United States in the Treaty of Paris, the US
immediately proceeded to brutally suppress the Philippine independence movement.
In 1916, the US passed the Jones Act which specified that independence would only be granted
upon the formation of a stable democratic government modelled on the American model, not the
French model as the previous constitution had been. The US approved a ten-year transition plan in
1934 and drafted a new constitution in 1935. World War II and the Japanese invasion on December
8, 1941, however, interrupted that plan. After heroic Filipino resistance against overwhelming odds
finally ended with the fall of Bataan and Corregidor in 1942, a Japanese republic was established,
in reality, a period of military rule by the Japanese Imperial Army. A new constitution was ratified in
1943 by Filipino collaborators who were called the Kapisanan sa Paglilingkod ng Bagong Pilipinas
(Kalibapi). An active guerilla movement continued to resist the Japanese occupation. The Japanese
forces were finally defeated by the Allies in 1944 and this sorry chapter came to a close.
Philippine independence was eventually achieved on July 4, 1946. The 1935 Constitution, which
featured a political system virtually identical to the American one, became operative. The system
called for a President to be elected at large for a 4-year term (subject to one re-election), a bicameral
Congress, and an independent Judiciary.
Executive branch
The Executive branch is headed by the President and his appointed Cabinet. The President is the
head of the state and the chief executive, but he is subject to significant checks from the other
branches, especially in times of emergency, which, given the history of the country, was obviously
intended to be a safeguard against a repeat of Marcos martial law despotism. For example, in cases
of national emergency, the President can still declare martial law, but not for a period longer than 60
days. Congress can revoke this decision by a majority vote, or it can also extend it for a period to be
determined by the Congress. Additionally, the Supreme Court can review the declaration to decide if
there were sufficient facts to justify martial law. The President can grant pardons and amnesty. He is
also empowered to make or accept foreign loans. He cannot, however, enter into treaties without the
consent of the Senate. The President and Vice-President are elected at large by a direct vote, but
the President may only serve one 6-year term. The Cabinet, consisting of the Presidents advisers
and heads of departments, is appointed by the President and it assists him in his governance
functions.
Legislative branch
The legislative power is vested in a Congress which is divided into two Houses, the Senate and the
House of Representatives. The 24 members of the Senate are elected at large by a popular vote
and can serve no more than two consecutive 6-year terms. The House is composed of 250 elected
members. Most of these Representatives are elected by district for 3-year terms, but 20% of the total
membership is chosen in proportion to party representation. Besides the exclusive power to
legislate, one of the most important powers of Congress is the ability to declare war, which it can
through a two-thirds vote in both houses. Even the power to legislate, however, is subject to an
executive check. The President retains the power to veto a bill passed by both houses, and
Congress may override this veto only with a two-thirds vote in both houses.
Judicial branch
The Court system in the Philippines exercises the judicial power of government and it is made up of
a Supreme Court and lower courts created by law. The Supreme Court is a 15-member court
appointed by the President without need for confirmation by Congress. Appointment, however, is
limited to a list of nominees presented to the President by a constitutionally-specified Judicial and
Bar Council. This Council consists of 7 members: the Chief Justice of the Supreme Court, the
Secretary of Justice, a representative from Congress, a representative of the Integrated Bar, a
professor of law, a retired member of the Supreme Court, and a representative of the private sector.
The first four serve for four years, the law professor for three, the retired Justice for two, and the
private sector representative for one year. The Supreme Court Justices may hear, on appeal, any
cases dealing with the constitutionality of any law, treaty, or decree of the government, cases where
questions of jurisdiction or judicial error are concerned, or cases where the penalty is sufficiently
grave. It may also exercise original jurisdiction over cases involving government or international
officials. The Supreme Court also is charged with overseeing the functioning and administration of
the lower courts and their personnel.
Branch
Executive
Hierarchy
President
Appointment
Powers
Removal
Cabinet
Nominated by the
President and confirmed by a
commission on appointments
Nominates the
Cabinet and other high
officials
Upon
the end of 6
year term
Head of
Government
Upon
resignation
Ensures faithful
Branch
Hierarchy
Appointment
Powers
Removal
Upon
impeachment
the legislatur
Upon
removal by th
President
Upon
resignation
Legislativ
e
Senate
Elected by a direct vote
House of
Representative
s
Elected by districts or a
party-list system
Election monitoring
Introduces and
passes legislation by a
majority vote
Upon
resignation
Upon
the end of a 6
year term
Conductes inquiries
in pursuit of passing
legislation
Declares war with
joint two-thirds vote of
Congress
Election monitoring
Introduces and
passes legislation
Introduces and
passes financial legislation
Upon
resignation
Upon
the end of a 3
year term
Branch
Hierarchy
Appointment
Powers
Removal
Conduct inquiries in
pursuit of passing
legislation
Declaring war with
joint two-thirds vote of
Congress
Judicial
Supreme Court
Appointed by the
President
Administrative
supervision over other
courts
Jurisdiction over
cases involving
ambassadors and public
officials
Constitutional
review
Upon
resignation
Upon
reaching the a
of 70
protected public officials like the Ombudsman. The Senate is then supposed to try the impeachment
case. Each of these aforementioned independent agencies was created for the purpose of
promoting moral and ethical conduct in government.
Challenges
Corruption
Timeline
1542
1898
1902
1935
1944
1946
1965
1969
1972
Marcos declares martial law, suspends parliaments, arrests opposition leaders, and
imposes censorship regulations
1973
1981
1983
Oppoisiton leader Benigno Aquino killed as he returns to the Philippines from exile
1986
11 February
1987
1992
1996
1998
January 2000
Impeachment trial against Estrada suspended, leading to mass protests which replace
Estrada found guilty of stealing more than 80 million dollars of state funds during
Presidency, but later pardoned
June 2004
2005
2007-2009
Ethnic tensions mount between Islamic separatist groups and Christian majority
June 2010