GOVERNMENT AND POLITICS Overview: In February 1987, the Philippines adopted a new constitution that instituted the presidential-style republican form of democracy, which resembles the U.S. model much more than the European parliamentary system. One key difference between the Philippine and U.S. systems is that the Philippines is a unitary republic, whereas the United States is a federal republic, with significant powers reserved for the states. In the Philippines, by contrast, the national government is not challenged by local authority. The ratification of the 1987 constitution—the fourth in the nation’s history—by national referendum signaled the country’s return to democracy following the autocratic rule of Fernando Marcos (1965–86). Politics in the Philippines is somewhat tumultuous. In February 2006, the president declared a state of emergency after quashing the attempted coup staged by the political opposition. Executive Branch: Embracing the concept of separation of powers, the constitution provides for a president, who is simultaneously head of government and chief of state, a separately elected vice president, a bicameral legislature, and an independent judiciary. The constitution includes legislative and judicial limits on the power of the president. The president cannot abolish Congress, and Congress can override a presidential veto with a two-thirds majority vote. Moreover, the president needs Congressional support in order to implement policies and programs. The Supreme Court rules on the constitutionality of presidential decrees. The president is elected to a single six-year term by direct universal suffrage; the vice president may be elected to a maximum of two consecutive six-year terms. The vice president may be appointed to the cabinet without legislative confirmation. The current president is Gloria Macapagal-Arroyo, who originally took office in January 2001, when she succeeded Joseph Estrada following his impeachment in November 2000. In May 2004, Macapagal-Arroyo was elected to a full term. The vice president, since June 2004, is Noli de Castro. The executive functions of the government are carried out through the Cabinet of Ministers. The cabinet, which in 2005 consisted of heads of 22 departments and offices, is appointed by the president with the consent of the Commission of Appointments. Legislative Branch: The bicameral Congress of the Philippines consists of the Senate (upper chamber) and House of Representatives (lower chamber). Members of the 24-seat Senate are elected at large to six-year terms and are limited to no more than two consecutive terms. The current president of the Senate (since 2000) is Franklin M. Drilon. The House is limited by the constitution to no more than 250 members. In 2005 there were 238 members, of whom 214 (80 percent) were elected for three-year terms from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the population, on the basis of a uniform and progressive ratio. The other 24 members (limited by the constitution to 20 percent of the total) are presidential appointees elected through a party-list system of registered national, regional, and sectoral parties or organizations. House members are limited to no more than three consecutive terms. The current speaker of the House (now in his third term as speaker, most recently since 2004) is José de Venecia. By means of a two-thirds majority vote, Congress can override presidential vetoes and declare a state of war. Judicial Branch: The Philippines has an independent judiciary, with the Supreme Court as the highest court of appeal. The Supreme Court also is empowered to review the constitutionality of presidential decrees. The Supreme Court consists of a chief justice and 14 associate justices. It is not necessary for the entire court to convene in all cases. Justices are appointed by the president on the recommendation of the Judicial and Bar Council and serve until 70 years of age. The current chief justice, since 1998, is Hilario G. Davide, Jr. Lower-level courts include a national Court of Appeals divided into 17 divisions, local and regional trial courts, and an informal local system to settle certain disputes outside the formal court system. In 1985 a separate court system founded on Islamic law (sharia) was established in the southern Philippines with jurisdiction over family and contractual relations among Muslims. Three district magistrates and six circuit judges oversee the Islamic law system. A special court—the Sandiganbayan or anti-graft court—focuses exclusively on investigating charges of judicial corruption. Administrative Divisions: Administrative divisions consist of regions, provinces, chartered cities, municipalities, and barangays (villages). Chartered cities are not part of any province and do not elect provincial officials. The Philippines has 17 regions, 79 provinces, 117 chartered cities, 1,500 municipalities, and 41,975 barangays. Metropolitan Manila, which is regarded as a region, consists of 14 cities, 3 municipalities, and 1,694 barangays. The Autonomous Region in Muslim Mindanao was established in 1990 following a plebicite in late 1989. Provincial and Local Government: Governors and vice governors are elected to head provinces, the largest local administrative unit. Appointed functionaries responsible for managing offices concerned with finance, tax collection, audit, public works, agricultural services, health, and schools are subordinate not just to the governor, but also to national ministries. Because the Philippines is a unitary republic, local government has less power than it would have in a federal system. In fact, according to the constitution, the president oversees local government. The single biggest problem for local government has been inadequate funding. Although local government is permitted to levy taxes, such taxes are subject to restrictions by Congress, and they have been difficult to collect in practice. A fragmented four-province Autonomous Region in Muslim Mindanao was formally established in November 1990 with its own governor and unicameral legislature.
Posted on: Mon, 24 Jun 2013 22:22:52 +0000
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