According to Section 1, Article II of the 1987 Constitution of the Republic of the Philippines, the country is officially a “democratic and republican state.” This fundamental principle establishes that all government authority emanates from the people.
The Nature of a Republic
A republic is a form of representative government where public officials derive their mandate directly from the citizens. These officials act on behalf of the people and remain accountable to them at all times, upholding the principle that “public office is a public trust.”
To ensure a balanced distribution of authority, the Philippine government is divided into three co-equal branches. These branches operate under the doctrine of separation of powers and a rigorous system of checks and balances:
- The Executive Branch: Vested in the President.
- The Legislative Branch: Vested in a bicameral Congress (the Senate and the House of Representatives).
- The Judicial Branch: Vested in the Supreme Court and lower courts.
Beyond these branches, the 1987 Constitution also provides for Constitutional Commissions, local governments, and autonomous regions to strengthen the system of accountability across the archipelago.
The Executive Branch: Leadership and Mandate
Executive power is defined as the authority to execute laws and administer the affairs of the government. As the Chief Executive, the President serves as the head of state and the head of government.
The President and Vice-President
Both the President and the Vice-President are elected by a direct vote of the people. Under the Constitution, their terms and succession are strictly defined:
- Term Limits: The President is limited to a single six-year term without the possibility of reelection. The Vice-President is prohibited from serving more than two successive six-year terms.
- Succession: The Vice-President assumes the presidency in the event of the President’s death, permanent disability, removal from office (via impeachment), or resignation.
- Removal: Both officials may only be removed from office through the process of impeachment.
The Cabinet and Administrative Control
The President exercises full control over all executive departments, bureaus, and offices. To assist in governance, the President appoints the Cabinet, which consists of the heads of various executive departments.
- The Appointment Process: Most Cabinet members are nominated by the President and must receive consent from the Commission on Appointments.
- The Vice-President’s Role: Interestingly, the Vice-President may be appointed to a Cabinet position without the need for confirmation by the Commission on Appointments. For instance, in the post-Marcos era, two out of four Vice-Presidents held the portfolio for Foreign Affairs.
Key Executive Duties
- State of the Nation Address (SONA): At the opening of every regular session of Congress, the President delivers the SONA to report on the nation’s political and socioeconomic conditions and outline the administration’s legislative agenda.
- National Budget: Within 30 days of the SONA, the President must submit a proposed national budget to Congress. This includes expenditures and sources of financing, serving as the foundation for the annual general appropriations bill.
- Foreign Relations: The President has the power to contract or guarantee foreign loans (with the concurrence of the Monetary Board) and enter into treaties or international agreements (subject to Senate concurrence).
The President as Commander-in-Chief
The President holds the title of Commander-in-Chief of the Armed Forces of the Philippines. This role comes with significant emergency powers, though they are heavily regulated by the Constitution to prevent abuse.
Martial Law and the Writ of Habeas Corpus
The President may suspend the privilege of the writ of habeas corpus or place any part of the country under Martial Law under specific, limited conditions. However, the 1987 Constitution provides safety mechanisms:
- Congressional Revocation: Congress has the power to revoke the proclamation.
- Judicial Review: The Supreme Court may review the factual basis of the proclamation.
Crucially, the declaration of martial law does not suspend the operation of the Constitution, nor does it replace civil courts or legislative assemblies with military rule.
