Philippine Government: Chapter 4

Who can only remove the a Law?

The Supreme Court by declaring it unconstitutional

Diplomatic Power

" Power, by and with the advice and consent of the senate, to make treaties , provided two thirds of the senators president concur" - Once the Senate ratified it becomes legal

Pardoning Power

"Grant reprieves and pardons for offenses against the sate, except in cases of impeachment" - can also grant Conditional Pardons that forgive the convicted person in part, reduce a penalty to a specified number of years, or alter a penalty with a condition.

Executive Order No. 464

- Gloria Arroyo Administration - Prohibits members of the executive branch not to attend or to comply to subpoenas issued by Congress without seeking first permit or authority in the office of the Chief Executive

The Executive Branch

- Head: The President - Vice President and other Officials and member of the Cabinet

Selection of the Chief Executive

- May assume power by means of elction process or by inheritance right - May be directly elected by the majority of people of the state or by representation through legislature or by and electoral convention

Qualifications of the Chief Executive in Monarchial State

-First born son of the Monarch is next in line -In case of minor age or insanity of the successor the royal council will elect a reagent leader to fill up the vacancy temporarily

Separation of powers

-Model for the governance of a State - The state is divided into branches, each with separate and independent powers and areas of responsibility , so that no branch has more power than the other branches -Executive, Legislative, and Judiciary

Military Power

-Section 18 -Commander in Chief of the Armed forces -Can call out such forces to prevent or suppress lawless violence, invasion or rebellion . -Can place the Philippines under Martial Law for no more than 60 days

Cabinet Post Departments in the Philippines government

1. Department of National Defense 2. Department of Interior and Local Government 3. Department of Health 4. Department of Tourism 5. Department of Public Works and Highways 6. Department of Energy 7. Department of Finance 8. Department of Education 9. Department of Justice 10. Department of Agriculture 11. Department ofLabor and Employment 12. Department of Transportation and communication 13.Department of Social Welfare and Development 14. Department of Foreign Affairs 15. Department of Housing and Land Use and Regulatory Board 16. Department of Budget Management 17. National Economic and Development of the Philippines 18. Department of Science and Technology 19. Department of Agrarian Reform 20. Department of Environment and Natural Resources 21. Department of Trade and Industry

Powers of the Chief Executive

1. Diplomatic Power 2. Power to Appoint officials in the government 3. Military Power 4. Pardoning Power 5. Legislature Power

Qualifications for Philippine President or a Vice- President

1. Natural born citizen of the Philippines 2. Registered voter 3. Able to read and write 4. At least 40 years of age on the day of election 5. Resident of the Philippines for at least 10 years immediately preceding the election

Two ways the President can enact initiatives without congressional approval

1. Proclamation 2. Executive Order

Commission on Appointments

A body of the Congress of the Philippines that confirms or rejects all appointments mede by the head of state.

Separation of Powers model was first developed in

Ancient Greece and Rome

In the Philippines the Cabinet is called

Cabinet Secretaries

The Cabinet

Composed of the heads of major departments in the government - They give advice to the president about important matters pertaining to their assigned department

Article 7 Section 8

Congress shall choose a new President or a Vice- President - That president will only serve the remaining term of the previous President- Elect

Aristotle

First mentioned the idea of " mixed government" in his work "Politics"

Article 7 Section 7

In case the president- elect fails to qualify the Vice- President elect shall act as president until the president elect shall have qualified

Term of office in The Philippines

One term for 6 years without re-election

Legislative Power

President's duty to approve or reject bills - Once the President signs a bill into law it is immediately in effect unless there is another date noted -Veto which Congress can override with two-third Majority

The Framers of the Constitution sought to protect the nation against tyranny through

Separation of Powers & Checks and Balances

The Cabinet is nominated by

The President and then presented to the commission on Appointments

Power to appoint officials in the government

The President appoints with the consent of Commission on Appointments -The members of the Supreme court are appointed by the President , based on a list prepared by the Judicial and Bar council - Supreme court appointing does not need consent from the Commission on Appointments

Term of office in Monarchial State

The chief Executive who assumes office by virtue of inheriatnce may hold power for life

Checks and Balances

The functions of one branch serve to contain and modify the power of another

Article 7 Section 10

The line of Presidential succession is the Vice President, Senate President , and the Speaker of the House of Representatives

Term of office

The number of years of rendering public service of a Chief Executive will depend on the State's constitution

Executive Privilage

This pertains to the principle that members of executive branch of government cannot legally be forced to disclose their confidential communications when such disclosure would adversely affect the operations or procedures of the executive branch - Resist certain subpoenas and other interventions by the legislative and judicial branches of government

Powers of government are divided among

Three Separate branches: 1. The Executive Branch 2. The Legislative Branch 3. The Judiciary Branch

Function of the Chief Executive

To monitor and administer the state and its people in accordance to the existing law of the land. - Head of the State and Representative of the State to foreign or International relations.