Philippines, Government of the. The Philippines is a republic with an elected president and legislature. At the national level, the government consists of three branches: (1) the executive branch, represented by the president; (2) the legislative branch, represented by a bicameral (two-house) Congress; and (3) the judicial branch, which includes the Supreme Court. At the local level, various governing bodies and courts oversee regional, provincial, and municipal affairs.
The Constitution
The Philippines has had five formal constitutions since declaring itself an independent republic on June 12, 1898. In December of that year, following the Spanish-American War, Spain gave up the Philippines to the United States. In January 1899, the Philippine revolutionary leader Emilio Aguinaldo established the Philippine Republic. A Revolutionary Congress meeting at the town of Malolos in Bulacan province drafted a constitution for the republic. Called the Malolos Constitution, it was the first democratic constitution in Asia. It stated that the power of government belonged exclusively to the people. The Constitution established three branches of government, separated church and state, and guaranteed civil rights. In February, hostilities broke out between revolutionary forces led by Aguinaldo and U.S. troops seeking to colonize the Philippines.
In 1901, U.S. forces captured Aguinaldo and the United States set up a civil government in the Philippines. William Howard Taft, a U.S. federal judge, became the first civilian governor. Seeking support from the Philippine upper class, the United States established democratic institutions with voting rights limited to that group. It also established a public school system and appointed Filipinos to local government positions. In 1916, the U.S. government promised to eventually grant independence to the Philippines. That same year, it placed all administrative offices except the Department of Public Instruction under Philippine control.
In 1935, the Philippines became a commonwealth with its own elected government and constitution. The 1935 Constitution formally provided basic elements of American-style democracy, including separation of powers, a bill of rights, and an independent judicial system. It also provided for a strong executive branch with broad powers in times of emergency and extensive authority over appointments, budgets, and local governments.
Japan invaded the Philippines in late 1941 and occupied the islands throughout most of World War II (1939-1945). In 1943, under the supervision of the Japanese military, the Preparatory Commission for Philippine Independence prepared a new constitution that retained democratic institutions in name only. The Constitution gave the president broad executive authority. Its bill of rights stressed the duties and obligations of the citizens as well as their rights and freedoms.
The Philippines became independent in 1946, and the 1935 Constitution again took effect. In the late 1960’s, popular demand grew for a new constitution. The government set up a convention to meet in June 1971 to reform the Constitution. But in September 1972, before the convention finished its work, President Ferdinand Edralin Marcos declared martial law (military rule) in the Philippines. His second term as president was due to end in 1973, and the 1935 Constitution did not permit him to run for a third term. In January 1973, Marcos proclaimed a new constitution that gave him broad powers.
The 1973 Constitution provided for the establishment of a parliamentary form of government. Under this Constitution, members of the parliament, called the Batasang Pambansa (National Assembly), would elect a prime minister from among themselves. The president would become a symbolic head of state. But these changes were not scheduled to take effect until President Marcos convened an interim (temporary) National Assembly, which he did not do until 1978. By then, Marcos had amended the Constitution to increase the powers of the presidency and allow the president to rule by decree. In this modified parliamentary system, Marcos served as both president and prime minister for a number of years.
In 1986, popular anger over political repression and declining economic conditions led to the overthrow of President Marcos. Corazon Aquino took over as president in February. One month later she issued Presidential Proclamation No. 3, which created an interim “freedom constitution.” She then formed a commission to draft a new constitution. The commission finished the draft constitution in four months. An overwhelming majority of voters approved it in a February 1987 referendum (vote by the people on a proposed measure).
The 1987 Constitution, the Philippines’ most recent one, provides for a democratic and republican form of government with an elected president and Congress. It includes a bill of rights that guarantees the people’s right to life, liberty, and property; the freedom of speech and political and religious beliefs; and the right to a fair trial. The Constitution also recognizes the economic and social rights of workers, peasants, women, children, and local communities.
Executive offices
The president
holds executive power in the Philippines. The president must be a natural-born citizen of the country, a registered voter, able to read and write, at least 40 years old, and a resident of the Philippines for at least 10 years immediately before the presidential election. The vice president must meet the same qualifications. The people elect both the president and the vice president by a direct vote for a term of six years. Because voters may cast their ballots for the presidential candidate of one political party and the vice presidential candidate of another, it is common for the two officials to come from different parties. A president may serve only one term. A vice president may serve no more than two consecutive terms.
In cases of invasion or rebellion, the president may suspend the privilege of habeas corpus, which requires that the government show just cause before holding a person in custody. The president may also place the country under martial law. However, the legislature may cancel such emergency measures, and must approve any extension of them beyond 60 days. In addition, the Supreme Court may review the necessity of the measures. Martial law does not affect the operation of the Constitution or the civil courts.
The Cabinet.
The president appoints the Cabinet with the approval of the Commission of Appointments. The members of the Cabinet serve as the heads of the executive government offices. The Commission of Appointments consists of 12 members of the Senate and 12 members of the House of Representatives, elected by their own congressional houses, and the president of the Senate, who heads the commission. The appointment of the vice president to a Cabinet position does not require approval by the commission.
Legislature
The Congress of the Philippines
consists of two houses—the Senate and the House of Representatives. All Philippine citizens who are at least 18 years old, and have lived in the Philippines for at least one year and in a particular location for six months, are eligible to vote in congressional elections.
Congress makes the laws for the nation, approves the national budget, and has the sole power to declare a state of war. Both houses also have the power to investigate issues inside and outside of government “in aid of legislation.” Before a bill becomes law, it must pass through three readings on three separate days. A vote takes place immediately following the third reading. If Congress passes the bill, the bill is then presented to the president for approval and signature. If the president vetoes the bill within 30 days, it returns to Congress. The president can veto any item in a bill that involves revenues, tariffs, or the appropriation (setting aside) of funds for specific purposes. If the president takes no action on a bill, it becomes law after 30 days. Congress may override a presidential veto by a vote of at least two-thirds of both houses.
The Senate
consists of 24 senators elected at large (from one nationwide district). Half the senators are elected at a time, every three years. Candidates for the Senate must be natural-born Philippine citizens, at least 35 years of age, able to read and write, registered voters, and residents of the Philippines for at least two years immediately before the election. Senators serve six-year terms, and none may serve more than two consecutive terms.
The House of Representatives
has 316 members. Voters directly elect four-fifths of the representatives from legislative districts with one House seat each. The rest of the representatives are elected from party lists—that is, lists of candidates chosen by political parties and other organizations. Candidates for election to the House must be natural-born Philippine citizens, at least 25 years old, and able to read and write. Except for party-list candidates, they must be registered to vote in the legislative districts that they will serve, and residents of those districts for at least one year before the election. Representatives serve three-year terms, and none may serve more than three consecutive terms.
Courts
The Supreme Court is the highest court in the Philippines. It consists of a chief justice and 14 associate justices. The president appoints these justices and all other judges in the country. The president also appoints a Judicial and Bar Council, which is supervised by the Supreme Court. The council recommends new members to the judiciary. Council members serve four-year terms.
The Court of Appeals reviews decisions made by lower courts. Every Philippine city has a court. Each municipality (town) has a judge who serves as the local judicial officer.
Supreme Court justices and judges of lower courts hold office until they reach the age of 70 or become unable to carry out their official duties.
Local government
The Philippines is divided into 17 regions, including one autonomous (self-governing) region. Sixteen of the regions each have a regional council that coordinates planning and administrative services for the local government units (LGU’s) within the region. These local government units include provinces, cities, municipalities (towns), and barangays (villages or neighborhoods). Each LGU has its own elected officials and council. The Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) is the only autonomous region.
The Philippines has 81 provinces divided among 16 of its regions. The National Capital Region, which includes Manila and the surrounding areas, is not divided into provinces. Every province has an elected governor and vice governor, and an elected legislative body called a sangguniang panlalawigan.
The Philippines has about 150 cities and about 1,500 municipalities. An elected mayor and council govern each city or municipality. The country also has about 42,000 barangays. Each barangay is headed by a captain and a council, both elected by the people of the village.
The people elect provincial, city, and municipal officials for three-year terms. These local officials may not serve more than three consecutive terms. Barangay officials serve a fixed term of office that is determined by law. The Constitution formally places local governments under the general supervision of the Philippine president.
Armed forces
The Philippines has an army, a navy, and an air force. The president of the Philippines is the commander in chief of the country’s armed forces. Men and women serve in the armed forces on a voluntary basis. The Philippine National Police cooperate with the armed forces to maintain security within the country. Although the national police force historically has had strong ties to the military, the Constitution states that the force shall be civilian in character.
Political parties
The first national political parties emerged in the early years of the United States colonial era. In a 1907 legislative election, the Nacionalista Party, led by Sergio Osmeña, Sr., and Manuel L. Quezon, defeated the pro-U.S. Progresista Party. The Nacionalistas then dominated Philippine politics throughout the colonial period. During the early decades of Philippine independence, from 1946 until the declaration of martial law in 1972, the Nacionalista and Liberal parties dominated politics. These parties lacked significant differences in their policies, programs, and guiding principles. It was not unusual for politicians to move from one party to the other during election campaigns.
Other political parties established in the early 1900’s included the Socialist Party, formed in the 1910’s, and the Partido Komunista ng Pilipinas (Communist Party of the Philippines, or PKP), formed in 1930. The PKP supported armed struggle against landlords on behalf of peasants, and, during World War II, armed resistance against the Japanese occupation.
In 1968, the new, more radical Communist Party of the Philippines (CPP) split off from the PKP. The CPP created the National Democratic Front, a broad coalition of groups opposed to the government; and the New People’s Army, the party’s armed branch. The governments of the Philippines and other countries have designated the CPP and the other groups it created as terrorist organizations.
During the 1970’s, two major Islamic separatist groups emerged on the island of Mindanao, in the southern Philippines. These groups were the Moro National Liberation Front (MNLF) and the rival Moro Islamic Liberation Front (MILF). Both groups led armed resistance against the Philippine government in an effort to establish autonomous Muslim areas. Autonomous Muslim regions were created in 1989, 1996, and 2019. See Bangsamoro Autonomous Region in Muslim Mindanao.
Several political parties emerged after the fall of President Ferdinand Marcos in 1986. Like the Nacionalista and Liberal parties of the Marcos era, these parties lacked substantial differences. Party alliances shifted often. Political parties active during the early decades of the 2000’s have included Lakas-Christian Muslim Democrats (Lakas-CMD); the Liberal Party (LP); the Nacionalista Party (NP); the Nationalist People’s Coalition (NPC); the National Unity Party (NUP); and the Partido Demokratiko Pilipino—Lakas ng Bayan (Philippine Democratic Party—People’s Power, also called PDP-Laban).
