AFPSAT General Information — Government Structure — Legislative, Executive & JudicialStudy Notes

The Legislative Department is vested with the power to make, alter, and repeal laws. Under the 1987 Constitution, it consists of two chambers: the Senate (upper chamber) and the House of Representatives (lower chamber). This bicameral system ensures thorough deliberation of proposed legislation. The Senate comprises 24 members elected nationwide for six-year terms, with a maximum of two consecutive terms. Senators must be natural-born citizens, at least 35 years old, literate, and residents of the Philippines for at least two years before election. The House of Representatives has no more than 250 members elected from legislative districts and through the party-list system for three-year terms, with a maximum of three consecutive terms. Representatives must be natural-born citizens, at least 25 years old, literate, registered voters, and residents for at least one year before election. The party-list system ensures representation of marginalized sectors like farmers, labor, women, youth, and others (except religious sectors). Parties garnering at least 2% of votes are entitled to one representative. Congress holds regular sessions from the fourth Monday of July until June of the following year. The President may call special sessions for urgent matters.

The legislative process in the Philippines follows a systematic procedure to ensure thorough examination of proposed laws. Bills can be filed in either the House of Representatives or the Senate, but both chambers must approve identical versions for a bill to become law. The process begins with filing and first reading, where bills receive numbers and committee assignments. Committee hearings allow detailed examination, amendments, and expert testimony. The committee report determines whether the bill proceeds to floor debates. Second reading involves period of debates including sponsorship, interpellation, and amendments. The bill must pass this stage before proceeding. Third reading requires distribution of the final printed version and a roll call vote. If both chambers pass different versions, a Conference Committee creates a compromise version for final approval by both chambers. The enrolled bill then goes to the President, who can either sign it into law or veto it. Congress can override a presidential veto with a two-thirds vote in both chambers.

The Executive Department is headed by the President, who serves as both head of state and government. Executive power involves implementing and enforcing laws passed by Congress. The President serves a single six-year term without possibility of re-election. Both the President and Vice President must be natural-born citizens, registered voters, literate, at least 40 years old, and residents for at least 10 years before election. The President serves as Commander-in-Chief of the Armed Forces and has significant appointment powers. Presidential powers include vetoing bills, appointing cabinet members and other officials, declaring martial law (subject to Congressional review), and granting pardons. The President also conducts foreign relations and ensures faithful execution of laws. The Philippines has had 16 presidents from Emilio Aguinaldo (1899) to the current administration. Each has faced unique challenges in leading the nation through various periods of history, from independence struggles to modern democratic governance.

The Judicial Department interprets laws and settles legal disputes. It is headed by the Supreme Court with one Chief Justice and 14 Associate Justices. The Supreme Court can sit en banc (all 15 members) or in divisions of 3, 5, or 7 members. Justices must be natural-born citizens, at least 40 years old, judges of lower courts or practicing lawyers for 15+ years, with proven competence, integrity, and independence. They serve until age 70 or earlier voluntary retirement. The court system has several levels: Supreme Court (highest), Court of Appeals (50 Associate Justices in 17 divisions), Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts. Special courts include the Court of Tax Appeals and Sandiganbayan for corruption cases. Supreme Court powers include constitutional review, interpreting laws, settling legal controversies, determining grave abuse of power, and serving as the final court of appeal. Its decisions on constitutional matters are binding on all other courts and government agencies.

Three independent Constitutional Commissions ensure integrity in key government functions: Civil Service Commission (CSC), Commission on Elections (COMELEC), and Commission on Audit (COA). These commissions are insulated from political interference. The Civil Service Commission administers the merit-based civil service system covering all government branches and agencies. It ensures appointments are based on merit and fitness, protects employee rights, and promotes ethical standards. The CSC consists of a Chairman and two Commissioners serving seven-year terms. The Commission on Elections enforces election laws and administers all electoral processes. COMELEC has a Chairman and six Commissioners, with majority being lawyers with 10+ years practice. It registers political parties, decides election contests, and ensures free and fair elections. The Commission on Audit examines all government accounts and expenditures. COA has a Chairman and two Commissioners who must be CPAs with 10+ years experience or lawyers with 10+ years practice. It ensures proper use of public funds and government accountability.

Local government operates at multiple levels: regions, provinces, cities, municipalities, and barangays. The Local Government Code (RA 7160) implements constitutional provisions on local autonomy and decentralization. Provinces are the largest local government units, consisting of municipalities and component cities. There are currently 81 provinces grouped into 17 regions. Highly urbanized cities are independent of provinces, while component cities remain under provincial supervision. Municipalities are composed of barangays and serve as the primary local government unit in rural areas. Barangays are the smallest political units, serving as the basic foundation of the political system with elected officials headed by the Punong Barangay. City classifications include: Highly Urbanized Cities (200,000+ population, P100M+ annual income), Independent Component Cities (independent of provincial government), and Component Cities (under provincial supervision). Each level has specific powers, functions, and revenue sources.

Article XI establishes the principle that all public officials are accountable to the people. The Ombudsman (Tanodbayan) serves as the primary anti-corruption agency, investigating misconduct and promoting government integrity. Impeachment is the process for removing high-ranking officials including the President, Vice President, Supreme Court Justices, Constitutional Commissioners, and Ombudsman. Grounds include culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, and betrayal of public trust. Republic Act 6713 (Code of Conduct and Ethical Standards) sets behavioral standards for all public officials and employees. It requires annual Statement of Assets, Liabilities and Net Worth (SALN) filing and prohibits conflicts of interest, gift acceptance, and misuse of confidential information. The law promotes eight norms of conduct: commitment to public interest, professionalism, justness and sincerity, political neutrality, responsiveness to the public, nationalism and patriotism, commitment to democracy, and simple living.