Local government in the Philippines
Local government in the Philippines called local government units or LGUs, are divided into three levels – provinces and independent cities. In one area, above provinces and independent cities, is an autonomous region, the Autonomous Region of Muslim Mindanao. Below barangays in some cities and municipalities are puroks. All of these, with the exception of sitios and puroks, elect their own legislatures. Sitios and puroks are led by elected barangay councilors. Provinces and independent cities are organized into national government regions but those are administrative regions and not separately governed areas with their own elected governments. According to the Constitution of the Philippines, the local governments "shall enjoy local autonomy", in which the Philippine president exercises "general supervision". Congress enacted the Local Government Code of the Philippines in 1991 to "provide for a more responsive and accountable local government structure instituted through a system of decentralization with effective mechanisms of recall and referendum, allocate among the different local government units their powers and resources, provide for the qualifications, election and removal, salaries and functions and duties of local officials, all other matters relating to the organization and operation of local units."
Autonomous regions have more powers than other local governments. The constitution limits the creation of autonomous regions to Muslim Mindanao and the Cordilleras but only one autonomous region exists: the Autonomous Region in Muslim Mindanao. In 2001, a plebiscite in the ARMM confirmed the previous composition of the autonomous region and added Basilan and Marawi City in Lanao del Sur. Isabela City remains a part of the province of Basilan despite rejecting inclusion in the ARMM. A Cordillera Autonomous Region has never been formed because no plebiscite has received the required support. An autonomous region is governed by the regional governor and a legislature such as the ARMM Regional Legislative Assembly. Outside the lone autonomous region, the provinces are the highest-level local government; the provinces are organized into component municipalities. A province is governed by a legislature known as the Sangguniang Panlalawigan. Municipal government in the Philippines is divided into three – independent cities, component cities, municipalities.
Several cities across the country are "independent cities" which means that they are not governed by a province though like Iloilo City the provincial capitol might be in the city. Independent city residents hold provincial offices. Far more cities are a part of a province. Municipalities are always a part of a province except for Pateros, separated from Rizal to form Metro Manila. Cities and municipalities are governed by mayors and legislatures, which are called the Sangguniang Panlungsod in cities and the Sangguniang Bayan in municipalities; every city and municipality in the Philippines is divided into barangays, the smallest of the Local Government Units. Barangays can be further divided into sitios and puroks but those divisions do not have leaders elected in formal elections supervised by the national government. A barangay's executive is the Punong Barangay or barangay captain and its legislature is the Sangguniang Barangay, composed of barangay captain, the Barangay Kagawads and the SK chairman.
The SK chairman leads a separate assembly for youth, the Sangguniang Kabataan or SK. Local governments have two branches: legislative. All courts in the Philippines are under the Supreme Court of the Philippines and therefore there are no local-government controlled judicial branches. Nor do local governments have any prosecutors or public defenders, as those are under the jurisdiction of the national government; the executive branch is composed of the regional governor for the Autonomous Region in Muslim Mindanao, governor for the provinces, mayor for the cities and municipalities, the barangay captain for the barangays. The legislatures review the resolutions enacted by the legislatures below. Aside from regular and ex-officio members, the legislatures above the barangay level have three sectoral representatives, one each from women, agricultural or industrial workers, other sectors. All elected officials have 3-year terms, can only serve a maximum of three consecutive terms before being ineligible for reelection.
*a Sangguniang Kabataan official who has surpassed 21 years of age while in office is allowed to serve for the rest of the term. There are 21 offices in a government. There are some optional offices to the government. Legend: √ - Mandatory? - Optional X - Not Applicable Source: Local Government Code of 1991 Among the social services and facilities that local government should provide, as stipulated in Section 17 of the Local Government Code, are the following: facilities and research services for agriculture and fishery activities, which include seedling nurseries, demonstration farms, irrigation systems.
Rodrigo Roa Duterte known as Digong and Rody, is a Filipino politician, the 16th and current President of the Philippines and the first from Mindanao, to hold the office. He is the chair of the ruling PDP–Laban party. Taking office at 71 years old in June 2016, Duterte is the oldest person to assume the Philippine presidency. Duterte studied political science at the Lyceum of the Philippines University, graduating in 1968, before obtaining a law degree from San Beda College of Law in 1972, he worked as a lawyer and was a prosecutor for Davao City, before becoming vice mayor and, mayor of the city in the wake of the Philippine Revolution of 1986. Duterte was among the longest-serving mayors in the Philippines, serving seven terms and totaling more than 22 years in office. Described as a populist and a nationalist, Duterte's political success has been aided by his vocal support for the extrajudicial killing of drug users and other criminals. Human rights groups have documented over 1,400 killings by death squads operating in Davao between 1998 and May 2016.
A 2009 report by the Philippine Commission on Human Rights confirmed the "systematic practice of extrajudicial killings" by the Davao Death Squad. Duterte has alternately denied his involvement; the Office of the Ombudsman closed an investigation in January 2016 stating that they found no evidence that the Davao Death Squad exists, no evidence to connect the police or Duterte with the killings. The case has since been reopened. Duterte has confirmed that he killed criminal suspects as mayor of Davao. On May 9, 2016, Duterte won the Philippine presidential election with 39.01% of the votes, defeating four other candidates, namely Mar Roxas of the Liberal Party, Senator Grace Poe, former vice president Jejomar Binay of the United Nationalist Alliance, the late Senator Miriam Defensor Santiago of the People's Reform Party. During his campaign, he promised to kill tens of thousands of criminals and end crime within six months, his domestic policy has focused on combating the illegal drug trade by initiating the Philippine Drug War.
According to the Philippine National Police the death total passed 7,000 in January 2017, after which the police stopped publishing data. Following criticism from United Nations human rights experts that extrajudicial killings had increased since his election, Duterte threatened to withdraw the Philippines from the UN and form a new organization with China and African nations, he has declared his intention to pursue an "independent foreign policy", sought to distance the Philippines from the United States and European nations and pursue closer ties with China and Russia. Duterte was born on March 1945, in Maasin, his father was Vicente G. Duterte, a Cebuano lawyer, his mother, Soledad Duterte, was a school teacher from Cabadbaran, Agusan and a civic leader of Maranao descent. Duterte's father was mayor of Danao and subsequently the provincial governor of Davao province. Rodrigo's cousin Ronald was mayor of Cebu City from 1983 to 1986. Ronald's father, Ramon Duterte held the position from 1957 to 1959.
The Dutertes consider the Cebu-based political families of the Durano and the Almendras clan as relatives. Duterte has relatives from the Roa clan in Leyte through his mother's side. Duterte's family lived in Maasin, in his father's hometown in Danao, until he was four years old; the Dutertes moved to Mindanao in 1948 but still went back and forth to the Visayas until 1949. They settled in the Davao Region in 1950. Vicente worked. Soledad worked as a teacher until 1952. Duterte went for a year, he spent his remaining elementary days at the Santa Ana Elementary School in Davao City, where he graduated in 1956. He finished his secondary education in the High School Department of the then-Holy Cross College of Digos in today's city of Digos in the now defunct Davao province, after being expelled twice from previous schools, including one in Ateneo de Davao University High School due to misconduct, he graduated in 1968 with a Bachelor of Arts degree in political science at the Lyceum of the Philippines in Manila.
He obtained a law degree from San Beda College of Law in 1972. In the same year, he passed the bar exam. Duterte became a Special Counsel at the City Prosecution Office in Davao City from 1977–79, Fourth Assistant City Prosecutor from 1979–81, Third Assistant City Prosecutor from 1981–83, Second Assistant City Prosecutor from 1983–86. Duterte has said. After he was challenged by the Catholic Bishops' Conference of the Philippines and AdDU officials to name the priest and file a case against him, Duterte revealed the priest's name as Fr. Mark Falvey, SJ; the Jesuits of the Society of Jesus in the Philippines confirmed that according to press reports in the United States, in May 2007, the Society of Jesus agreed to a tentative payout of USD16 million to settle claims that Falvey sexually abused at least nine children in Los Angeles from 1959 to 1975. Accusations against Falvey began in 2002, he was never charged with a crime. Additionally in May 2008, the Diocese of Sacramento paid $100,000 settlement to a person raped and molested by Mark's brother, Fr.
Arthur Falvey. However, it was not indicated in the report if Mark Falvey was
Speaker of the House of Representatives of the Philippines
The Speaker of the House of Representatives of the Philippines is the presiding officer and the highest-ranking official of the lower house of Congress, the House of Representatives, as well as the fourth highest and most powerful official of the Government of the Philippines. The Speaker is elected by a majority of all of the Representatives from among themselves; the Speaker is the third and last in line in succession for the presidency, after the President of the Senate of the Philippines, Vice President of the Philippines. A Speaker can be replaced by death or resignation. In some cases, a Speaker may be compelled to resign at the middle of a Congress' session after he has lost support of the majority of congressmen. Despite being a partisan official, the Speaker does not vote unless in breaking ties in accordance with the Rules of the House of Representatives; the current House Speaker of the 17th Congress of the Philippines is former President and now Congresswoman Gloria Macapagal Arroyo from Pampanga.
She was elected to the office on July 23, 2018, is the first woman and 21st person to serve as Speaker. When the Office of the Speaker is vacant, the Secretary-General of the House sits as the Speaker until a person is elected. A Speaker is elected via majority vote via roll call of the Representatives, after nomination at the start of each new Congress. Despite the current multi-party system used, only two representatives are nominated, with nominations being agreed upon before each Congress during caucuses between the administration and opposition coalitions, with the chosen candidate of the majority coalition being certain to win by a large margin; the two competing candidates by tradition vote for each other. In the 2013 election, there were three candidates for the speakership. In this case, the candidates didn't vote for each other, the second-placed candidate became Minority Leader and headed the minority bloc; the third-placed candidate became the leader of the "independent minority" bloc.
Only the majority and minority blocs were given seats in committees. There was a chance. Duties and Powers of the Speaker of the House of Representatives. According to Section 15 of Rule 4 of the Rules of the House of Representatives, the duties and powers of the Speaker as the political and administrative head of the House are as follows: a.prepare the legislative agenda for every regular session, establish systems and procedures to ensure full deliberation and swift approval of measures included therein, may, for the purpose, avail of the assistance of the Deputy Speakers, the Majority Leader, the Chairpersons of the standing committees and other Members of the House. Facilitate access to and dissemination of data and information needed in legislation inclusive of facilitating real time translation of plenary proceedings in the major Philippine dialects and languages. Provide a simplified and comprehensive process of gathering, recording and retrieval of data and information relating to activities and proceedings of the House.
Vice President of the Philippines
The Vice President of the Philippines is the second-highest executive official of the government of the Philippines, after the President. The Vice President holds office at the Quezon City Reception House in Quezon City; the Vice President of the Philippines held office at the Coconut Palace, the Philippine National Bank Financial Center, the Philippine International Convention Center, all in Pasay, Metro Manila. The current office of the Vice President was re-established under the 1987 Constitution, bearing similarities with the office as created in the 1935 Constitution, abolished by the Marcos regime. Leni Robredo from Camarines Sur assumed the office on June 30, 2016 as the 14th and current vice president; the official title of the office in Filipino is Pangalawang Pangulo, although Bise Presidente, derived from Spanish, is the usual title used in some of the major Philippine languages, such as Cebuano and Hiligaynon language. The text of the 1987 Constitution refers to the person and office of the Vice-President, with a hyphen connecting the two words.
However, the person and office is referred to today without the hyphen, as the Vice President. The first known vice president claiming to be part of a government was Mariano Trías, whose term started on March 22, 1897, he was elected during the elections of the Tejeros Convention, was elected vice president of the Supreme Council that oversaw negotiations for the Biak na Bato pact in 1897. This Supreme Council had no sovereignty, did not govern any state, was just used for bargaining with the Spanish; this council was replaced with no such position existing during the country's declaration of independence in 1898, which had a dictatorial government. The country's first actual republic was founded in 1899, it too had no vice president. Trias instead served in the cabinets of Apolinario Mabini and Pedro Paterno, as finance minister and war minister, respectively. Trias is not considered a Philippine Vice President as the Supreme Council did not proclaim any sovereign state; the 1935 Constitution of the Philippines established the position of Vice President, may be appointed by the President to a cabinet position.
The first person elected to the position of Vice President under the constitution was Sergio Osmeña. Elected together with Manuel L. Quezon in the first Philippine national elections, Osmena was given the highest-ranking cabinet portfolio with inauguration of the Commonwealth of the Philippines in November 1935. Prior to independence in 1946, that cabinet portfolio was Secretary of Public Instruction, which had once been reserved only for the Vice Governor-General. Vice President Osmena held that position from 1935–1939, a similar portfolio in the War Cabinet during World War II. After independence, the highest-ranking cabinet position became that of Secretary of Foreign Affairs, given to Vice President Elpidio Quirino. Vice President Fernando Lopez declined the Foreign Affairs portfolio when he became Quirino's Vice President in 1949. However, Vice Presidents Carlos P. Garcia and Emmanuel Pelaez held the Foreign Affairs portfolio, a tradition revived in the Fifth Republic, with Vice Presidents Salvador Laurel and Teofisto Guingona, Jr. holding the Foreign Affairs portfolio.
Gloria Macapagal-Arroyo served as Secretary of Social Development. Other Cabinet positions with no Secretary title was given to Joseph Estrada as Chairman of the Presidential Anti-Crime Commission and Noli de Castro as Chairman of the Housing and Urban Development Coordinating Council. Among the Vice Presidents of the Third Republic, Diosdado Macapagal alone was not given any cabinet position, since he was the first elected Vice-President that did not originate from the same party as the incumbent. Arturo Tolentino was proclaimed Vice President-elect by the Regular Batasang Pambansa in 1986, he took his oath as Vice President on February 16, 1986 before Chief Justice Ramon Aquino but because of popular belief that the elections had been rigged, he never served out his term as Vice President. Within a week after Tolentino's oath, the People Power Revolution resulted in the collapse of the Marcos regime. On February 25, 1986 Corazon Aquino and Salvador H. Laurel were sworn in as President and Vice President.
The office of Vice President was abolished and not included in the original version of the 1973 Constitution. It was, reinstated in subsequent amendments, just before the snap elections in 1986 that led to the People Power Revolution that installed Corazon Aquino into the Presidency. Article 7, Section 3 of the Constitution mandates that the Vice President must bear the same qualifications as the President which means he must be: a natural-born citizen of the Philippines; the Vice President is elected in the same manner as, but separately from, the President. Both the President and the Vice President are elected by direct plurality vote where the candidate who garners the highest number of votes, whether a majority or not, wins the election. While candidates run in tandem for the offices of President and Vice President, under their own political parties, it is possible and not unusual for candidates from different parties to be elected as President and Vice President; the Vice Preside
The Sandiganbayan is a special appellate collegial court in the Philippines that has jurisdiction over criminal and civil cases involving graft and corrupt practices and other offenses committed by public officers and employees, including those in government-owned or government-controlled corporations. The special court was established by Presidential Decree No. 1486 of the 1973 Constitution. It was subsequently modified by Presidential Decree No. 1606 and by Republic Acts numbered 7975 and 8249 in the 1987 Constitution. It is equal in rank to the Court of Appeals, consists of fourteen Associate Justices and one Presiding Justice; the Office of the Ombudsman owns exclusive authority to bring cases to the Sandiganbayan. The Sandiganbayan is housed in the Centennial Building, Commonwealth Avenue, National Government Center, Quezon City, Metro Manila; the Sandiganbayan was established under the administration of President Ferdinand E. Marcos on June 11, 1978, by Presidential Decree No. 1486 in the 1973 Constitution.
The court was equal in rank to the Regional Trial Courts. On December 10, 1978, Presidential Decree No. 1606 elevated the ranking of the Sandiganbayan to match that of the Court of Appeals, the second-highest judicial court in the Philippines. The Sandiganbayan began operations on February 12, 1979. Amendments were introduced in Republic Acts No. 7975 and No. 8249, after the EDSA Revolution in 1986, which limited the jurisdiction of the Sandiganbayan to “cases involving public officials occupying positions classified as salary grade 27 and higher.”The Sandiganbayan sits in seven divisions of three justices each, as per R. A. No. 10660, amending R. A. No. 1606. When the Sandiganbayan began operations in 1979, it was composed of only one division and a 15-membered skeleton crew. In 1981, a second division was launched. A third division was formed on August 4, 1982. In the wake of the assassination of Benigno Aquino, Jr. in August 1983, Ferdinand Marcos submitted the case for an immediate trial to the Sandiganbayan.
Marcos’ critics, who included business leaders and church leaders, claimed that the Sandiganbayan had no experience in trying a murder and demanded an appointment of an imperial prosecutor and independent judicial body instead. In 1984, the 26 people accused in the assassination of Aquino were acquitted by the Sandiganbayan in a 90-page verdict; the verdict disregarded all findings of the Agrava Commission, appointed to investigate the assassination. On June 13, 1985, the Sandiganbayan, with the aid of the commission, threw out the case against General Fabian Ver, the chief of the Armed Forces of the Philippines, together with seven other military men; the Sandiganbayan voted for the exclusion of their testimonies in that they were self-incriminatory and inadmissible as evidence. The Supreme Court upheld this decision by a vote of 10-3 in August. Ver was soon reinstated as chief of staff by Marcos on December 2. On February 2, 1987, a new constitution was ratified under President Corazon Aquino.
The 1987 Constitution established the separation of powers and a system of checks and balances between the executive and judiciary branches. The 1987 Constitution expanded the jurisdiction of the Sandiganbayan to include cases investigated by the Presidential Commission on Good Government involving ill-gotten wealth, instated by Executive Orders No. 14 and No. 14-A. In April 1994, Imelda Marcos and three former officials of the Ministry of Human Settlements were indicted for the misappropriation of Php 97.9 million in MHS funds in 1985. At the same time, the Sandiganbayan dismissed charges against Imelda Marcos in connection with the sale of $125.9 million in Central Bank Treasury notes in the 1980s. Under the 1987 Philippine Constitution and the Ombudsman Act of 1989, the Office of the Ombudsman independently monitors all three branches of the government for political corruption. Laws on graft and corruption have been in effect as early as the 1950s, before the creation of the Sandiganbayan.
Graft and corruption laws govern natural persons. The collection of these laws is overseen by the Office of the Ombudsman; the Anti-Graft and Corrupt Practices Act is a law which stipulates that the Philippine Government shall repress certain acts of both public officers and natural person that may constitute to graft or corruption. Acts that are subject under these laws include graft, divulging otherwise private informations, negligence in warranted requests, undue injury by a public officer to any party - private or government - in the form of unwarranted benefits or disadvantages. In the case of unexplained accrual of wealth, R. A. No. 1379 states that a petition may be filed against any public officer who has acquired property unlawfully, be it through graft or any form of corruption. This petition should come from the Solicitor General of the Republic of the Philippines as per complaint by a taxpayer. Any public officer who amasses a certain amount of ill-gotten wealth through means of criminal acts - be it by himself or in connivance with other, shall be subject to reclusion perpetua or a life sentencing to death.
Any accomplice shall be sentenced with the same. To determine whether the Sandiganbayan has jurisdiction, lawyers look into two criteria, namely: the nature of the offense and the salary grade of the public official; the Sandiganbayan shall have original exclusive jurisdiction over: Violation of Anti-graft and Corrupt Practices Law Forfeitures of Illegally Acquired Wealth Crimes committed by public officers namely Direct and Qualified Bribery Corrupt
Court of Tax Appeals of the Philippines
The Court of Tax Appeals of the Philippines is the special court of limited jurisdiction, has the same level with the Court of Appeals. The court consists of 1 Presiding Justice; the Court of Tax Appeals is located at Agham Road, Quezon City in Metro Manila. The Court of Tax Appeals was created by virtue of Republic Act. No. 1125, enacted on June 16, 1954 composed of three Judges with Mariano CH. Nable as the first Presiding Judge. With the passage of Republic Act Number 9282 on April 23, 2004, the CTA became an appellate Court, equal in rank to the Court of Appeals. Under Section 1 of the new law, the Court is headed by a Presiding Justice and assisted by five Associate Justices, they shall have the same qualifications, category, salary and other privileges, be subject to the same inhibitions and disqualifications and enjoy the same retirement and other benefits as those provided for under existing laws for the Presiding Justice and Associate Justices of the Court of Appeals. A decision of a division of the CTA may be appealed to the CTA En Banc, the latter's decision may further be appealed by verified petition for certiorari to the Supreme Court.
On June 16, 2014, the Court celebrated its 60th Anniversary. On June 12, 2008, Republic Act Number 9503 was enacted and took effect on July 5, 2008; this enlarged the organizational structure of the CTA by creating a Third Division and providing for three additional justices. Hence, the CTA is now composed of eight Associate Justices; the CTA may sit in three divisions with each division consisting of three justices. The CTA, as one of the courts comprising the Philippine Judiciary, is under the supervision of the Supreme Court of the Philippines. Only decision, ruling or inaction of the Commissioner of Internal Revenue, the Commissioner of Customs, the Secretary of Finance, the Secretary of Trade and Industry, or the Secretary of Agriculture, involving the National Internal Revenue Code and the Tariff and Customs Code on civil matters are appeallable to the Court of Tax Appeals; the expanded jurisdiction transferred to the CTA the jurisdiction of the Regional Trial Courts and the Court of Appeals over matters involving criminal violation and collection of revenues under the National Internal Revenue Code and Tariff and Customs Code.
It acquired jurisdiction over cases involving local and real property taxes which used to be with the Regional Trial Court and the Court of Appeals. Gloria Macapagal-Arroyo on June 12, 2008, signed into law Republic Act 9503, which added three more members to the court; the new law was enacted "to expedite disposition of tax-evasion cases and increase revenues for government to fund social services, food and education subsidies and infrastructure." Supreme Court of the Philippines Court of Appeals of the Philippines Sandiganbayan Philippines Political history of the Philippines Constitution of the Philippines The Official Website of The Court of Tax Appeals The Organizational Structure of The Court of Tax Appeals Republic Act 1125, An Act Creating the Court of Tax Appeals Republic Act 9282, An Act Expanding the Jurisdiction Of the Court of Tax Appeals Republic Act 9503, An Act Enlarging The Organizational Structure of the Court of Tax Appeals Notes Philippines: Gov. Ph: About the Philippines Archived 24 December 2006 at the Wayback Machine – Justice category The Philippines Court of Tax Appeals – Official website List of CTA Justices Archived 8 February 2007 at the Wayback Machine – List of Justices of the CTA